More than a month has passed since an FCC official ordered Time Warner Cable to begin carrying the Mid-Atlantic Sports Network's programming on basic cable within 30 days.
As you might have guessed, TWC subscribers still can't get MASN. Time Warner, which had vowed to appeal the Oct. 30 decision by Monica Shah Desai, chief of the FCC's Media Bureau, indeed filed an appeal to the five-member Federal Communications Commission last week. The FCC has not specified how long it would take for the full commission to hear and rule on the case.
The bureau chief, backing the decisions of two separate arbitrators, ruled that Time Warner Cable had discriminated against the regional sports network by refusing to put it on an analog tier that most of the cable company's estimated 1.5 million North Carolina subscribers receive. TWC has offered to make MASN available on a more expensive digital sports tier.
MASN carries the Baltimore Orioles and Washington Nationals, Major League Baseball's designated home teams for this market, and an extensive slate of college sports programming, including about 25 non-ACC college basketball games involving North Carolina teams such as UNC-Wilmington and Charlotte.
“TWC is flouting the law, the intent of the FCC and the will of their customers,” MASN spokesman Todd Webster says of the latest appeal.
The intent of the FCC may be what Time Warner and other cable companies are seeking to change.
According to a report last week by Multichannel News, which covers the cable television industry, Cablevision is pitching a plan that would bar programmers from demanding carriage that would reach a specified number of subscribers on a cable system, and that the FCC is listening.
“It has been the longstanding view of ... Cablevision that programmers should not be able to withhold their programming from cable, satellite and telco distributors unless it is carried in a designated tier. We believe that programming should be sold on a per-viewing-subscriber basis, and not be required to be distributed to all customers as a condition of carriage,” Cablevision said in a prepared statement published by Multichannel News.