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MPAA: FCC Has No Authority to Impose a la Carte

Motion Picture Association of America responds to filing by Media Access Project.

By John Eggerton -- Broadcasting & Cable, 9/10/2008 3:34:00 PM EDT

The major Hollywood studios, represented by the Motion Picture Association of America, told the Federal Communications Commission in no uncertain terms that it has no authority to impose a la carte -- either wholesale unbundling of channels or retail per-channel sales -- on cable operators.

The MPAA said it was responding to a filling by Media Access Project that argued that the FCC did have such jurisdiction.

"As the MPAA and its members have demonstrated repeatedly … the commission has no broad statutory authority to dictate the terms, conditions and prices offered by any programmer in private, free-market negotiations," the MPAA said.

Saying MAP's assertions were akin to "blindly" calling out successive numbers in the game of Battleship in hopes of finally hitting on the right one, the MPAA countered that there were "no battleships on the board" to sink.

For the MPAA’s full response to the FCC, click here.

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