[opendtv] News: Court Puts FCC on Must-Carry Clock

http://www.broadcastingcable.com/article/CA482802.html?display=Breaking+News&referral=SUPP

Court Puts FCC on Must-Carry Clock

By John Eggerton -- Broadcasting & Cable, 11/23/2004 12:02:00 PM

The D.C. Circuit Court has given the Federal Communications 
Commission 30 days to explain why it has not issued a decision on 
digital-cable must-carry.

The court was responding to a writ of mandamus request from Paxson 
Communications back in August that the FCC be forced to resolve the 
issue. Such writs compel lower courts or public officials to perform 
particular acts as a cross check on the balance of powers.

  The FCC does not have to produce a decision before the end of 
December, but it must at least explain to the court's satisfaction 
why it has taken so long--the proceeding was launched six years ago, 
Paxson pointed out.

  Paxson argues that the delay is holding up the digital transition 
and denying analog spectrum to emergency communications. Broadcasters 
want full carriage of any services that can shoehorn into their 
digital allocation, not just the duplicate of their analog channel. 
The cable industry doesn't want to give up more control of its 
channel lineups, arguing that having to make space for all those 
ancillary services would displace some channels they, and their subs, 
would rather see.

Full digital must-carry would make Paxson's and other broadcasters' 
stations more valuable either as ongoing operations or as salable 
assets. Paxson has long shown signs of wanting to sell his stations, 
either to part-owner NBC or someone else.






 
 
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