Comcast Fighting Must-Carry For Class A
Top Op Challenges Martin’s Plan For Station Carriage
By Ted Hearn -- Multichannel News, 10/8/2008 6:55:00 AM
Washington -- Comcast Corp., the country's largest cable operator, is challenging a plan by Federal Communications Commission chairman Kevin Martin that could allow hundreds of TV stations to demand cable carriage for the first time.
An attempt to force cable operators to distribute so-called low-power Class A stations would both violate the law and needlessly embroil cable operators, the stations and the FCC in a controversy unrelated to the most pressing policy matter -- completion of the digital TV transition next February, Comcast representatives said in a recent meeting with FCC officials.
"The broadcast digital transition is at a crucial phase. This is no time for diversions or missteps. More must-carry debates are unjustified and counterproductive," Comcast said in an Oct. 2 memo prepared for aides to FCC Democrats Michael Copps and Jonathan Adelstein.
The FCC's is expected to vote on Martin's plan at its Oct. 15 monthly public meeting here. That vote is designed to begin a rulemaking that probably would not conclude for several months, perhaps even after Martin, a Republican Bush appointee, has left the agency.
Class A TV stations have mandatory cable carriage rights in only limited circumstances. Martin's plan would allow 555 Class A stations to apply for full-power status. Full-power TV stations have the legal right to demand cable carriage.
The Supreme Court upheld must carry for full-power stations in a narrow 5-4 ruling in 1997.
"The must carry regime already rests on a shaky legal foundation. Any further expansion would likely lead to all must carry rules being struck down," Comcast said in the memo.
Comcast also pointed out that with about 133 days before the DTV transition, the FCC has important business to finish, such as ensuring that all stations were up and running on Feb. 17 and that millions of consumers know how to operate digital-to-analog converter boxes and are aware they might need to adjust their rooftop antennas.
"The margin of error is very thin. A timely transition could be jeopardized if any of the tasks above are not completed promptly and properly," Comcast said.
Martin has said that carriage of Class A stations would promote diverse programming on cable systems.
According to FCC data, 43% of Class A stations are Spanish-language broadcasters. The Community Broadcasters Association, a trade group for low-power TV stations, estimates that about 6% of Class A stations are religious broadcasters.
In the FCC meetings, Comcast said it "voluntarily carries the (low-power TV) stations that it believes are demanded by its customers, including a significant number a multicultural and religious (low-power TV) stations."
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Comcast said it "voluntarily carries the (low-power TV) stations that it believes are demanded by its customers…†THIS IS NOT TRUE! In our town we cannot get our only local TV station WQXT. Thousands of people have called Comcast
Frederick St. John - 10/9/2008 12:30:00 PM EDT -
Comcast has control of the greatest percentage of citizens access to media of any type than any other organization in the world, and ALL of the resources to govern it. NOW, Comcast is using the excuse that the shift to digital format early next year is more than they can handle! With the resources they have in equipment and personnel, they can accomplish nearly anything. It appears that there NEXT accomplishment is to let the FCC know just who is REALLY in charge!
C. Willwerth - 10/8/2008 5:32:00 PM EDT -
The article is improperly labeled "Must-Carry For Class A".
What is proposed is a process for Class A operators who can serve
their respective DMAs to migrate to full service status. Class A stations
are already licensed as "television stations" since they operate in
compliance with all TV station rules including minimum operating
hours, local community origination, EAS and children's E/I
programming.
Who is Comcast kidding about Must Carry rules being overturned for
some 1800 full service TV stations? Take about blowing smoke. But
then that's what Comcast does best.
Günter Marksteiner - 10/8/2008 4:39:00 PM EDT -
I'm beginning to no longer want to share that Comcast's first entry to cable was the purchase of the Tupelo, Ms. franchise.
Since then the greed factor has taken over. With the new digital transition, switched video and other changes in technology cable now utilizes they should welcome carrying content they don't have to pay for. Not only do they fight to keep local low power stations off the air as they increase their sale of airtime on local origination channels, the entire cable industry spends small fortunes in time and money making it difficult for leaase access programmers to pay for carriage.
The action by FCC's Media Bureau giving cable permission to banish leased access to tiers in the digital stratosphere (something C-Span successfully convinced the court would cause them to go out of business) combined with OMB's denial of new rules and the court's stay of the rules is already fueling new acts by cable to drive away anyone they care to.
Shame on the cable industry. Please FCC, not only 'allow' the Class 'A' stations 'must carry' status, tell cable to support it.
Charlie Stogner - 10/8/2008 3:57:00 PM EDT
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