GSN Continues Fight for Retiering, Waves Off Cablevision Counterarguments
Pointing to "speedy remediation" as the only meaningful fix available to programmers like it that suffered programming discrimination under Communications Act Section 616, Game Show Network is continuing to push the FCC for immediate implementation of the carriage fixes in…
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the rules governing 616 cases. In filings posted Tuesday in docket 12-122 (see here, here and here), GSN pushed for the FCC to order immediate compliance with the November administrative law judge advisory ruling saying Cablevision should move the network back from a premium tier to its expanded basic tier (see 1611230046 and 1612080038). Cablevision, now part of Altice USA, and the FCC didn’t comment. In its opposition to the GSN motion (see 1701050019), Cablevision is focusing on inapplicable rules and “unfounded” arguments, the plaintiff said. It rejected the Cablevision argument that GSN caused delays in the complaint and thus shouldn’t be able to seek the ALJ-mandated remedies. FCC rules Section 76.10 and 76.1302 say an ALJ decision in Section 616 carriage disputes and orders following a program carriage hearing are effective on release, GSN said. Stays are employed only in very limited circumstances, and the one sought by Cablevision “is completely inappropriate here,” GSN wrote. It said Cablevision hasn’t met any of the four elements required for a stay. Cablevision's contention that its due process rights would be violated if the decision is implemented before the FCC hears the MVDPs' First Amendment and statute of limitations arguments “borders on the frivolous” since the agency has rejected both of them more than once, GSN said. The channel dismissed Cablevision’s First Amendment defense argument, saying courts and the FCC repeatedly have said carriage remedies are “content neutral.” The indie said Cablevision arguments that its takeover by Altice was relevant should have brought that up in fall 2015 when the deal was announced and the ALJ could have generated a record.