Cable Nets Hit FCC on Dual Channels

Will dual digital and analog versions of local broadcast TV stations push small cable networks out of cable systems? That's what some cable networks fear. And they're voicing their fear by suing the Federal Communications Commission.

As part of the DTV transition, the FCC is requiring cable systems to carry the old analog versions of local channels for another three years, along with the new digital versions, as required by a 1992 act of Congress and subsequent Supreme Court ruling. This would effectively delay the transition for owners of analog sets. The only exceptions are cable systems that have already gone all-digital and ceased carrying analog channels. They are a small minority.

In systems still carrying analog, bandwidth is limited enough to spark fears that some non-broadcast channels will get the boot. So C-SPAN, Discovery, and the Weather Channel have filed suit to block the requirement, citing First Amendment rights. They're joined in a joint appeal by TV One, A&E, and Scripps. No cable operators are parties to the suit.

The digital/analog requirement--called "viewability" rules by the FCC and "dual carriage" by its adversaries--will begin on February 18, 2009, the same date chosen for the end of analog TV broadcasting.

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