Says Decision Protects Consumer Welfare for Cable Subscribers

The D.C. Circuit Court of Appeals decided this morning to uphold a Federal Communications Commission ruling that extends “program access” protections. The FCC’s provisions prohibit cable companies from entering into exclusive contracts with cable channels in which the cable company has an ownership stake. The Court decision rejects an appeal of the Commission’s ruling by Cablevision and Comcast.

Parul P. Desai, Vice President of Media Access Project, issued the following statement in light of the Court’s ruling:

“This decision should not come as a surprise. The DC Circuit was correct in upholding the Commission’s finding that cable companies have sufficient market power to withhold programming from their competitors. Exclusive contracts for must-have programming, combined with cable’s significant market power, would have a disastrous impact on competition and consumer welfare. The Court correctly determined that the Commission acted well within its authority to extend the ban on exclusive contracts.

“I hope Comcast and Cablevision will drop their efforts to challenge the program access rules and will not further appeal the Court’s decision.”