AT&T Refiles Access Complaint Against Cablevision

Demands HD feeds for MSG, MSG Plus sports nets

By John Eggerton -- Broadcasting & Cable, 7/14/2010 2:29:59 PM

AT&T Wednesday re-filed its program access complaint against Madison Square Garden and Cablevision over access to HD feeds for MSG and MSG Plus regional sports nets.

AT&T actually filed a supplement to its August 2009 complaint Wednesday. That supplement charged unfair and deceptive practices, per the FCC decision last January to close the so-called terrestrial exemption (or loophole, depending on who is characterizing it). Under that exemption, terrestrially delivered networks like MSG's were effectively shielded from program access complaints.

The FCC now says that denying access to terrestrial nets is presumptively unfair and deceptive, and treats HD nets as separate services from the standard-definition feed, which Cablevision does supply to AT&T.

AT&T said in its supplement that the FCC's order "eliminates any doubt that defendants' withholding of the HD feeds of MSG and MSG plus is unlawful."

AT&T contacted MSG after the FCC decision, once more seeking access to the HD feeds, but was rebuffed, said the company. It signaled two weeks ago that it would be updating its FCC complaint.

Verizon has also re-filed a carriage complaint against MSG/Cablevision over carriage of HD feeds.

Ironically, the AT&T filing came the same day that it and Verizon and Cablevision all joined in a new coalition criticizing broadcasters of depriving viewers of programming by pulling signals in retransmission carriage disputes. It also came on the deadline day in a cable carriage dispute between AT&T and Cablevision over carriage of networks including AMC. AT&T has pointed out that Cablevision could be pulling its nets tonight (July 14) and preventing U-Verse viewers from watching next week's season debut of Mad Men.