Cablevision spelled out its argument for why an FCC administrative...
Cablevision spelled out its argument for why an FCC administrative law judge should side with it in a program carriage dispute against Game Show Network (GSN). The cable operator argued in a trial brief that GSN can’t prove Cablevision’s decision…
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to move GSN from a broadly distributed tier of service to a less-highly penetrated one had “anything to do at all with GSN’s lack of affiliation” with the cable operator (http://bit.ly/YohTaJ). “There is a complete absence of evidence of discrimination on the basis of affiliation or non-affiliation,” Cablevision said. Rather, the evidence shows that Cablevision’s decision to move the network “resulted from an analysis of the cost of the network compared to its limited value to Cablevision subscribers.” Moreover, even if GSN could show it had been discriminated against by Cablevision, it could not prove that such discrimination “has resulted in an unreasonable restraint on its ability to compete fairly,” it said. The network is broadly carried within Cablevision’s footprint by Dish, DirecTV and Verizon’s FiOS service, it said.