Time Warner Cable urged the FCC to overturn its decision...
Time Warner Cable urged the FCC to overturn its decision to deny its petition to modify the designated market area (DMA) of KLEI-TV, Kailua-Kona, Hawaii. Some of the communities in the KLEI DMA are served by TWC’s systems in Honolulu,…
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Kauai, Kalawao and Maui counties, TWC said in its petition for reconsideration (http://xrl.us/bn2pir). TWC said KLEI is “geographically removed from the communities, and clearly does not provide local programming service to them, in contrast to the local stations carried on the systems.” The Media Bureau denied the petition Oct. 19 (CD Oct 23 p14). The bureau order violates TWC’s First Amendment rights, it said: It relies on “content-based determinations to require TWC to carry KLEI far outside its natural economic market.” In the order, the bureau also directed Hawaiian Telcom Services to carry KLEI on HTS’s Oahu system, HTS said in a separate reconsideration petition (http://xrl.us/bn2pki). HTS’s customers are only located on the island of Oahu, and therefore, aren’t able “to view KLEI’s over-the-air signal in any event,” HTS said. The government’s mandate that HTS carry KLEI “is not narrowly tailored to achieve the government’s interest promoted by the must carry statute,” it said.