Court Broadens Cable Program Access

A federal appeals court has forbidden cable operators to maintain exclusive access to programming from networks they own.

Comcast and Cablevision had challenged Federal Communications Commission rules dating from 1992, saying they violated free speech rights. But the court disagreed, upholding rules that require programming from the likes of E! and the Golf Channel to be available to all TV-delivery services, whether they're cable, satellite, or telecom.

Naturally the cable operators cried foul. Comcast pointedly noted that DirecTV can maintain exclusives on NFL Sunday Ticket and NASCAR Hot Pass but cable operators can't act likewise.

Citing the recent ABC Oscar-night blackout for New York area viewers, Cablevision said the FCC rules "tilt the playing field in favor of phone companies and broadcasters to the detriment of fair competition and consumers."

DirecTV and Verizon, on the other hand, greeted the court decision with enthusiasm. "This decision protects' consumers' ability to view the programs they demand as they gain new choices among video providers," said Verizon, proud parent of the FiOS fiber optic network.

And of course the FCC was pleased with the result. Its chair, Julius Genachowski, said the ruling will prevent "vertically integrated cable companies from denying critical television programming to their competitors and consumers."

See Associated Press and The Hollywood Reporter.

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