FCC Closes Cable Loophole
The FCC voted 4-1 Wednesday to remove what critics argue is a legal loophole stemming from the 1992 Cable Act that allows cable companies to withhold programming -- including regional sports networks and premium content -- from rivals, CongressDaily reported. "Today the commission levels the competitive playing field," said FCC Chairman Julius Genachowski, during the agency's monthly public meeting, adding, "Locking up a much-loved local sports franchise could be game, set, match for competition."
Cable companies have been able to withhold content because program access provisions in the law only pertain to fare delivered via satellite and not terrestrial means, such as fiber-optic lines. Genachowski noted that technological improvements over the years have made terrestrial distribution less costly and more attractive. The dissenting vote was cast by the agency's senior Republican, Robert McDowell, who warned: "The FCC is not Congress. We cannot rewrite statutes." Also today, the FCC announced the creation of a "consumer task force" designed to ensure that consumers are protected under all of its proceedings and decisions.
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