FCC's Media Bureau Orders Time Warner to Carry MASN Within 30 Days

October 30th, 2008

(Washington, D.C.) -- The FCC's Media Bureau has ordered Time Warner Cable to carry MASN on an analog tier to its North Carolina cable systems within 30 days, upholding the decisions of two separate arbitrators which had found Time Warner Cable guilty of discrimination against MASN.

According to the order, "TWC violated the program carriage statute and rules by discriminating against MASN on the basis of affiliation, and that such discrimination unreasonably restrained the ability of MASN to compete fairly."

In January, the FCC's first appointed Arbitrator found overwhelming evidence that Time Warner Cable "had both motive and opportunity to discriminate" against MASN in favor of its own affiliated programming.  In June, a second FCC Arbitrator, after conducting a second thorough investigation, again found in favor of MASN.  The second Arbitrator took the additional step to order Time Warner to begin carrying MASN immediately.

MASN responded to the order by urging for a speedy resolution.

"The FCC's Media Bureau has determined that Time Warner Cable is breaking the law by discriminating against a competing cable network.  Because of Time Warner's unlawful and anticompetitive behavior, North Carolina sports fans, colleges and universities are suffering," said MASN attorney, David Frederick.

"Three times this matter has been litigated, and three times the outcome has favored MASN.  For the sake of the fans, we hope the third time is the charm.

"With college basketball season quickly approaching and spring training just around the corner, it is time for Time Warner Cable to end the discrimination and the litigation, and do the right thing for its customers, fans, and North Carolina college sports."

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