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Media Access Project: FCC Decision on Terrestrial Loophole is "Modest Step Forward"

Posted: Wednesday January 20, 2010

The Federal Communications Commission made a decision today to close a loophole that allowed cable companies to withhold carriage of sports and other programming from competitors, thus thwarting competition in the video delivery market. The decision does not ban the use of the “terrestrial loophole” altogether, but allows complaints to be filed over the withholding of programming on a case-by-case basis.

“Today’s decision is an important, but modest, step forward,” said Parul P. Desai, Vice President of Media Access Project, in reaction to the Commission’s decision. “Because of a loophole that was exploited for many years, many audiences nationwide have been starved of meaningful choices in the delivery of their video programming. While the Commission’s decision is not perfect, it will at least begin to help video providers inject much needed competition into the market, with the hope that viewers will benefit from greater programming choices and lower costs.”

Media Access Project is a non-profit, public interest law firm dedicated to promoting the public’s First Amendment right to access a diverse marketplace of ideas in mass media. For over 37 years, MAP has promoted the public interest before the Federal Communications Commission, the Federal Trade Commission, and the U.S. Courts, advocating for an open and diverse telecommunications system that protects the free flow of information, promotes universal and equitable access to communications and technology services, and encourages vibrant public discourse on critical issues facing our society.