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Media General Wants FCC Action on Station Drops

Complaint: Time Warner Cable Failed to Serve Notice in S.C.

by John Eggerton -- Multichannel News, 8/17/2009 4:52:02 PM

Broadcaster Media General has filed an emergency enforcement complaint with the Federal Communications Commission, claiming Time Warner Cable failed to follow its notification rules in dropping two of its stations in South Carolina.

WBTWThe company filed a complaint against TWC for dropping a pair of CBS affiliates -- WBTW, serving Florence/Myrtle Beach, S.C., and WNCT-TV in Greensville, N.C. -- on Aug. 11 from its systems serving Georgetown, S.C. According to the complaint, Media General also said TWC plans to drop the stations from more systems Aug. 20, to make room for other programming.

TWC's Georgetown/Debordieu, S.C., operation carries WCSC-TV, a Raycom Media-owned CBS affiliate in Charleston, S.C.

The cable company counters that it provided ample notice. "We believe we complied with the law," said Time Warner spokeswoman Maureen Huff. "We provided legal notice in several forms regarding the drop."

Huff said the company had provided newspaper notice 30 days in advance, and had served notice on its local system's Web site.

WNCTThe FCC requires cable operators to inform customers of any change in channel positions in writing at least 30 days in advance if the change "is within the control of the cable operator."

Cable systems must also provide written notice to any TV station at least 30 days before dropping or repositioning a station, as well as to subscribers.

Media General says it first learned its stations had been dropped when it received a flood of calls from "disenfranchised viewers." The broadcaster, though, acknowledged that the cable operator did publish legal notices announcing the move on July 7 and 8 in two area newspapers, and had mailed a postcard to subscribers Aug. 6.

But Media General said the moves were inadequate, as more than 75% of households don't subscribe to the two newspapers where the ads appeared, and because the postcard hardly provided 30 days notice of deletions that came a few days later.

Huff said the postcard was simply meant to be a "courtesy notice" following the legal advertisement that provided the minimum 30-day notice.

Media General spokesman Ray Kozakewicz said Time Warner indicated the stations "were removed in order to free up bandwidth for other services and programming offers."

Time Warner spokeswoman Melissa Buscher told WBTW that the issue was about removing duplicative programming to make room for what its customers wanted.

"This issue is about duplicate programming [with WCSC]. WBTW is an out-of-market affiliate in the Georgetown County area," said Buscher. "By removing the station we're able to provide more programming options in the future to our customers. To include faster broadband and more HD services, and that's what our customers have come to expect."

Kozakewicz said that at press time the station had received over 2,000 calls from unhappy viewers, as well as complaint posts to its Web site.
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