Competitors Oppose Comcast’s Dereg Plan


Comcast Corp. is seeking the end of federal program-access rules, but DirecTV Inc. and Verizon Communications are rejecting the proposal as premature and potentially threatening to competition.

Comcast is taking aim at rules that require cable companies to sell their programming to pay TV rivals at fair prices. The rules, which sunset in October 2007, are restricted to satellite-delivered networks that are affiliated with cable companies. They do not apply to terrestrially delivered cable networks, such as Comcast SportsNet.

Based on robust competition in the pay TV market, especially from the direct-broadcast satellite industry, Comcast is urging the Federal Communications Commission to “initiate a review and eliminate the prohibition” on exclusivity between cable MSOs and their satellite programming affiliates.

Comcast offered a backup plan to full repeal.

“At the very least, the [FCC] should modify the rule so that it cannot be invoked by a [pay TV distributor] with more than 10 million customers, or that by itself distributes programming on an exclusive basis,” the MSO said.

Comcast’s fallback position would write DirecTV and EchoStar Communications Corp. out of the program-access regime, as both serve more than 10 million subscribers.

It might even capture Verizon, a reseller of DirecTV programming packages, one of which is the NFL Sunday Ticket National Football League out-of-market package, which is off-limits to cable operators.

Comcast’s request was made in FCC comments July 23 designed to assist the agency in preparation of its annual cable-competition report for Congress. The commission has prepared 10 such reports.

DirecTV urged the FCC to retain the program-access rules and consider expanding them to terrestrially delivered networks.

DirecTV, now controlled by News Corp., said Comcast refused to sell Comcast SportsNet -- the cable home of Major League Baseball’s Philadelphia Phillies, the National Basketball Association’s Philadelphia 76ers and the National Hockey League’s Philadelphia Flyers -- unless it agreed to “outrageous carriage offers.”

The DBS firm also said Cox Communications Inc. withheld Channel 4 San Diego, which has exclusive rights to San Diego Padres MLB games. Both Comcast SportsNet and Channel 4 San Diego are terrestrial services, DirecTV said.

DirecTV acknowledged that NFL Sunday Ticket is sold exclusively to its subscribers, but it argued that program-access issues were not implicated because DirecTV is not affiliated with the NFL.

“If DirecTV’s continuing ability to win customers from cable is threatened by innovative packages or lower cable prices, that is DirecTV’s problem. If, however, it is threatened because cable-affiliated programmers withhold regional sports programming from their affiliates’ competitors, that is a public-policy problem,” DirecTV said in its FCC comments.

In its comments, Verizon called on the FCC to broaden, or ask Congress to broaden, the program-access rules to include cable-affiliated terrestrial networks.

“Without access to much terrestrially delivered programming -- especially ‘must have’ items, like regional sports networks and news programming -- new entrants are at a serious disadvantage when competing against incumbent cable companies,” Verizon said.