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FCC Votes To Close Loophole That Kept Some Sports Nets Off Satellite; Appeal Expected

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Sports fans with satellite subscriptions may finally get access to some regional sports networks that cable programmers—particularly those owned by cable operators—have been able to keep exclusive through the so-called “terrestrial loophole.” The Federal Communications Commission voted 4-1 today that multichannel video providers delivering programming by cable—primarily Comcast (NSDQ: CMCSA), Cox and Cablevision (NYSE: CVC)—will have to share with competitors like DirecTV (NYSE: DTV), Dish, Verizon FiOS and AT&T (NYSE: T) U-verse.

The operator getting the most attention is Comcast, which essentially has a lock on major sports programming through terrestrially delivered Comcast SportsNet Philadelphia, drawing scrutiny from U.S. Sen. Arlen Specter and others especially when crucial games are blocked. Verizon and RCN already have deals to carry Comcast is expected to appeal but the company declines comment for now pending review of the order. It sounds like programmers won’t be able to fulfill the FCC’s ruling with standard definition only; HD has to be included. Cablevision has been holding back its MSG Network in HD, drawing complaints from Verizon.

The vote takes sports programming access off the table as a condition for approval of the merger between Comcast and NBC Universal (NYSE: GE). Bernstein Research analyst Craig Moffett told clients: “We, like many others, had initially expected closure of the terrestrial loophole to be an important condition of approval for Comcast’s acquisition of NBC Universal. By accelerating action to close the loophole - even before Comcast has filed for approval for the NBCU deal with the FCC – the FCC has made clear that the terrestrial loophole will not be “counted” as a regulatory concession. There could be no clearer signal that the FCC is looking for bigger concessions than this in order to approve the NBCU deal.”

More details from Multichannel News and WashingtonPost.com.

Update: Here’s Cablevision’s statement: “While we find the legal basis for the decision unfounded, we are pleased that the FCC recognized
the value of Cablevision’s local programming strategy and investments. Verizon and AT&T will not receive an FCC bailout that will allow them to capture News 12, MSG Varsity and other programming that we have developed for our customers. We are also pleased that despite the phone companies’ overwhelming lobbying effort, the FCC has ensured a complaint process. If the phone companies complain that they are unable to compete, we are confident that we can prove that it is for a variety of reasons, none of which have to do with HD sports programming. Verizon and AT&T do not need a regulatory bailout in order to compete.”

Jan 20, 2010 3:20 PM ET

Philadelphia Flyers Photo: Philadelphia Flyers

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Posted In: Entertainment, Sports, Legal, Regulatory, FCC, Media & Publishing, TV, Cable & Telecom, Satellite, Companies, Comcast

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