Time Warner Cable, Others Seek FCC Retrans Fixes

Expected to file petition looking for arbitration, interim carriage

By John Eggerton -- Broadcasting & Cable, 3/9/2010 2:40:04 PM

Time Warner Cable is expected to file a petition at the FCC atop a coalition of cable operators and others asking the FCC to reform the retransmission consent process.

According to sources, the petition is asking for independent arbitration during retrans disputes and interim carriage during that arbitration.

That comes in the wake of a high-profile retrans impasse between Time Warner Cable and Fox last December, and the more recent stand-off between Cablevision and Disney-owned WABC.

The American Cable Association, which represents small and mid-sized operators, confirmed that it had signed on to the petition.

"The suggested remedies in the petition raise some of the ideas the FCC should consider, and ACA gladly signed this petition with larger operators to make them known," said ACA President Matthew Polka in a statement. "As this process moves forward, ACA intends to address also the rampant price discrimination faced by smaller cable operators and their customers and the need for regulations to fix this problem as well."

That was said not to be one of the petition's suggestions.

"Once the FCC puts this petition out for public comment," said Polka, "ACA will add this issue to the list of problems with the current retransmission consent rules, particularly for smaller operators, and strongly advocate for the problems to be solved."

Also said to either be considering signing on to the petition or already on it are DISH and DirecTV, Verizon, Mediacom, Charter and Public Knowledge.

A Time Warner spokesperson would not discuss the substance of the petition, but did confirm that it is filing the petition this week.

Public Knowledge spokesman Art Brodsky confirmed his group was also signed on.

"There are sufficient consumer protections in there," he said, "certainly not all that we'd like to see."

He confirmed that included arbitration and keeping signals on during disputes.

"Should the FCC accept the petition and put it out for comment," he added, "we could certainly take that as an opportunity to push for more consumer protection measures."