North Carolina Lawmakers Urge FCC to Make Decision to Return MLB to NC
Independent regional sports network MASN, the Mid-Atlantic Sports Network, televises Nationals and Orioles baseball games as well as college football and basketball programming featuring North Carolina universities. The network is carried by six cable and satellite providers throughout North Carolina, but the dominant carrier - Time Warner Cable - has refused to add the network.
Two independent arbitrators and the FCC's own Media Bureau found that the cable giant unlawfully discriminated against MASN, and ordered Time Warner Cable to carry MASN. The arbitration was brought under a condition of the 2006 Adelphia Order, under which the FCC granted Time Warner Cable the rights to acquire millions of additional subscribers of the bankrupt Adelphia Cable in North Carolina and around the country. As a condition for the acquisition, Time Warner Cable willingly agreed to enter binding arbitration with any regional sports network with whom it could not reach a carriage agreement.
In January 2008, an FCC-appointed arbitrator ruled that Time Warner Cable discriminated against MASN on the basis of affiliation.
In May 2008, a second arbitrator also ruled in MASN's favor, and further ordered Time Warner Cable to carry MASN at the commercially reasonable rates it had proposed. The cable giant appealed the second arbitrator's ruling.
In October 2008, the FCC's Media Bureau, acting on delegated authority, rejected Time Warner Cable's application for review and ordered the cable giant to carry MASN. The following month, Time Warner appealed the Media Bureau's decision to the full Commission and on January 16, 2009, Time Warner's appeal was circulated to the full Commission.
Since that time, several members of the North Carolina delegation have written to the FCC, urging the commission to act. On January 19, 2010, FCC Chairman Genachowski responded to several Congressmen, acknowledging their correspondence and pledging that the Commission would "act as quickly as possible." With Opening Day for the 2010 baseball season fast approaching, the FCC still has not issued a final decision on this matter.
The text of the bipartisan, bicameral letter follows:
March 29, 2010
The Honorable Julius Genachowski
The Honorable Michael Copps
The Honorable Robert McDowell
The Honorable Mignon Clyburn
The Honorable Meredith Attwell Baker
Federal Communications Commission
445 12th Street, SW
Washington, D.C. 20544
Dear Commissioners:
With another baseball season about to begin, we are writing to you regarding the status of the carriage dispute between MASN and Time Warner Cable.
As you may know, a condition of the 2006 Adelphia Order established a clear process for resolving disputes between independent sports programmers and cable operators. In this case, decisions of two independent arbitrators were appealed and upheld nearly a year and half ago, but we are still awaiting some final resolution.
While we appreciate your commitment, we are concerned that many of our constituents are still unable to watch MASN's college football and basketball programming. Opening Day for the 2010 Major League Baseball season is nearly upon us, further delay in a resolution could jeopardize another season.
Although you have acknowledged the need to resolve this dispute, it has been pending for more than a year, and we would like to know when our constituents can expect some final resolution?
Thank you in advance for your consideration of this matter.
Sincerely,
Representative Howard Coble (R-NC)
Representative Mike McIntyre (D-NC)
Representative Walter Jones (R-NC)
Representative G.K. Butterfield (D-NC)
Senator Richard Burr (R-NC)
Senator Kay Hagan (D-NC)
