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FCC: Time Warner Discriminated Against MASN

Cable company denied network carriage in North Carolina

By John Eggerton -- Broadcasting & Cable, 10/30/2008 3:40:00 PM EDT

The FCC's media bureau has upheld

an arbitrator's finding

that Time Warner Cable discriminated against the Mid-Atlantic Sports Network (MASN) by denying it carriage in North Carolina.
The complaint had been filed July 2. The FCC has 60 days to respond, but can give it an extra 60 days and

chose to do so

in this case given "the substantial record compiled in the course of the year-long arbitration process."
An arbitrator had concluded that Time Warner deliberately discriminated against MASN, saying that Time Warner “had both motive and opportunity to discriminate" in favor of its own regional sports network.
Time Warner had argued that since it offered to carry MASN on a digital tier, it was not denying carriage.
The decision is separate from another handful of program carriage complaints that will be r

eviewed by administrative law judges

, including ones involving MASN and Time Warner.

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