The 4th U.S. Circuit Court of Appeals upheld FCC denial...
The 4th U.S. Circuit Court of Appeals upheld FCC denial of Mid-Atlantic Sports Network’s program carriage complaint (CD May 10 p5). The complaint alleged Time Warner Cable gave more favorable treatment to its own regional sports network in not carrying…
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Baltimore Orioles and Washington Nationals baseball games in North Carolina. “We conclude that the FCC acted within its discretion,” Judge James Wynn wrote in a decision released Monday. Judges William Traxler and Dennis Shedd concurred. “Contrary to Mid-Atlantic Sports Network’s assertion, the record contains substantial evidence supporting the FCC’s findings regarding Time Warner’s business justifications for denying Mid-Atlantic Sports Network statewide analog tier carriage,” Wynn wrote. MASN “failed to show that, even assuming that it made a prima facie discrimination case, Time Warner did not effectively rebut that case with evidence supporting legitimate, non-discriminatory business reasons for its denial of statewide analog tier carriage, or that the analytical framework applied by the FCC to its decision in this regard was erroneous,” the jurist wrote. Neither company had any comment on the Richmond court’s decision.