Court Blocks FCC's Leased Access Rules
Appellate Court Says New FCC Regulation Brings ‘Likelihood Of Irreparable Harm’ To Cable Operators
By Ted Hearn -- Multichannel News, 5/22/2008 11:56:00 AM
Washington—A federal appeals court in Cincinnati Thursday blocked the Federal Communications Commission from enforcing new cable leased access rules, saying there was a “likelihood of irreparable harm” to cable operators.
The stay, sought separately by the National Cable & Telecommunications Association and Verizon Communications, was issued by a unanimous three-judge panel of the U.S. Court of Appeals for the 6th Circuit.
The cable industry went to court to stop rates that third-party programmers need to pay to lease time on cable systems. Although the FCC said it cut rates by 75 percent, the cable industry claimed that the new rate formula in many instances would produce zero revenue.
“NCTA has demonstrated some likelihood of irreparable harm. The balance of the harms and the public interest, as well as NCTA's potential of success on the merits, supports a stay pending review of the FCC's order," the 6th Circuit panel said.
The court stay was the fourth issued within the last few months to block various regulations supported by FCC chairman Kevin Martin, a Republican appointee of President Bush.
The FCC's rules were to take effect on May 28 or when the Office of Management and Budget approved portions of the FCC's order, whichever is later.
-
Cable has always LIED to me! I''m a leased access programmer in a small town and if were not for my complaining to the FCC about my experiences with COX cable not being honest to me about their own rules, they would have never carried my programming from our television station. They demanded I be charged thousands of $$$$ a month for equipment that was not even necessary, even better, they were carrying other TV stations in my area for FREE except I was willing to pay for the airtime. UNBELIEVABLE!!! It took almost two years to finally get through to them STALLING EVERY SECOND THEY HAD. Now that the new rates are NOT going to go into effect this week it just shows me that our government is and is becoming more and more on the side of BIG BUSINESS and not the PEOPLE like our forefathers intended!!! Today is a sad, sad day for independent voices in America.
Ian Reynolds - 5/24/2008 8:58:00 PM EDT -
Cable's claim of irreparable harm is based on misrepresentation. Their claim they will be forced off lower tiers and placed on digital is a falsehood since an FCC order made after the new rules and rates were adopted. This order permits cable to place leased access on digital tiers. Additionally cable has been shifting PEG channels to digital tiers freeing up more analog or lower tier channels to be used by non-leased cable. Cable has become so greedy that lying to a court is apparently easy to do.
The irreparable harm will be to leased access users that for years have been mistreated by cable and far too often driven off by wrongful acts by cable sites.
Charlie Stogner - 5/23/2008 6:05:00 AM EDT -
score one for cabl
jared byron cheeseman - 5/22/2008 7:32:00 PM EDT
No related content found.



















