Thursday, February 23, 2012

Comcast Urged To Quit Case

February 19, 2010

A coalition of consumer advocates, labor interests and video service providers are urging Comcast President and CEO Brian Roberts to drop litigation that seeks to overturn an FCC regulation he has pledged to follow even if his company prevails in court. Comcast joined a challenge by Cablevision Systems Corp. of a program access requirement designed to ensure that programming owned by cable operators is shared with competing cable and satellite TV providers.

In the wake of the Comcast-NBC Universal merger announcement in December, Roberts has vowed to abide by the requirement even if the U.S. Court of Appeals for the District of Columbia strikes it down -- a promise critics say is insufficient. "The fact that Comcast has not withdrawn from the litigation raises questions about whether your company will follow through on this commitment," the coalition wrote in a letter Friday to Roberts. "Your assurances are undercut by the fact that your company has a history of opposing the program access rules," they wrote.

In a statement, Comcast Executive Dirctor of Communications and Government Affairs Sena Fitzmaurice said the groups are "confused." Comcast only challenged "the FCC's extension of the rule that prohibits cable companies from entering into exclusive contracts that better enable them to compete with satellite companies who have exclusive content like [DirecTV's] NFL Sunday Ticket." She added that Comcast did not "challenge the rule that ensures that cable-affiliated programmers must charge fair and non-discriminatory rates to competing cable, satellite and phone companies in that case -- we do and will abide by those rules."

Fitzmaurice also noted that as part of the merger review, "Comcast has stated our willingness to discuss with the FCC making the program access rules binding on us even if they were to be overturned by the courts."

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Juliana Gruenwald

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Juliana Gruenwald has been covering tech and telecom issues for more than a decade for National Journal, Interactive Week, BNA and Congressional Quarterly. This is her second stint with National Journal. She was recruited by NJ in 1998 to help launch its first tech policy publication, Technology Daily. She left in 2000 to cover international tech and telecom issues for Ziff Davis Media's Interactive Week magazine. She started her career at United Press International as the wire service's first Helen Thomas Intern. She has a Bachelor of Arts degree from the University of Minnesota. A Minneapolis native, she misses the lakes but not the cold.


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Tech Reporter

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Josh Smith covers technology policy as a staff reporter for National Journal. He previously interned at National Journal Daily, a Senate press office, and the Deseret News in Salt Lake City where he covered the state legislature, courts, and crime. In 2009 he graduated with honors from Southern Utah University after managing an award-winning student newspaper as editor-in-chief. Josh has received state, regional and national awards for his political and policy reporting, including first place in CapitolBeat’s 2009 Best of Statehouse Reporting college competition. A native of drop-dead-gorgeous Utah, Josh lives in Virginia with his wife, Amber.