Tales of the Sausage Factory

Section 616: The Wheels of Justice Roll (albeit slowly) At the FCC.

Back last November, the FCC considered reforming various rules designed to limit cable market power. While the FCC did adopt rules limiting the size of cable operators to 30% of the market and lowering the rates for leased access, the FCC failed to move forward on reform of its rules for how independent programmers can file complaints against cable operators for unfairly discriminating against them based on affiliation or lack thereof.

But now things are looking up. Last Friday, the Media Bureau addressed several pending complaints and designated them for a hearing before an Administrative Law Judge. Unsurprisingly, the NFL got the media attention, but the more typical case was that of WealthTV — and it is that case that is therefore likely to have more long term impact on the industry (not that the NFL and MASN cases weren’t important as precedent).

This doesn’t eliminate the need for an Order that would clarify how the process works and set a reasonable time table for complainants and defendants, but it does help to move things along for those who dared to trust the process by filing a complaint, and may put heart into the rest of the independent programming industry to hang in there and keep trying.

More below . . .

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Tales of the Sausage Factory

If I Love The FCC's Comcast-BitTorrent Order So Much, Why Did I Appeal It?

So last Friday, Media Access Project filed 3 Petitions for Review asking the federal courts to order the FCC to order Comcast to stop blocking p-2-p immediately. None of this wait until the end of the year crap. We filed on behalf of Vuze.com (in the Ninth Circuit), Consumers Union (Second Circuit), and PennPirg (a member of Consumer Federation of America) (Third Circuit).

Comcast, for its part, filed in the D.C. Circuit. I have not heard of any other filings, but it is possible.

More details, and what comes next, below . . .

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Tales of the Sausage Factory

Too bad this didn't happen last week

Apparently, Comcast’s video on demand (VoD) version of ABC’s July 14 “Nightline” did not match the actual show. According to this report, the Comcast version on VoD eliminates a rather embarassing minute of film for Comcast. Was it deliberate censorship or an encoding error from ABC, as Comcast claims? We may never know for sure, but I wish it had happened last week while the FCC was still considering whether our claims that Comcast might censor news to millions if the FCc approved the Adelphia transaction were merely “idle speculation.”

More below . . . .

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Tales of the Sausage Factory

Farewell to Abernathy

Last Friday, December 9, marked the departure of Republican Commissioner Kathleen Abernathy. The FCC therefore briefly drops to a 2-1 Democratic majority. But the Senate should confirm Deborah Tate, a Republican Public Utilities Commissioner (and neighbor of Senate Majority Leader Bill Frist) before it adjorns, bringing the FCC back to 2-2.

A few reflections on Abernathy and some thoughts about the likely new Commission below.

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