FCC Says WNTH Can Invoke Syndex for WABC in Three of Four Communities

Agrees station no longer gets "significantly viewed" waiver

By John Eggerton -- Broadcasting & Cable, 12/21/2012 9:40:07 AM

In a split decision, the FCC says WTNH-TV New Haven (Conn.) can enforce its syndicated exclusivity protections and have duplicative WABC-TV New York programming deleted from cable systems serving three of four Connecticut communities, but the FCC upheld WABC's argument that it could not do so for a fourth.

FCC rules prevent cable's importation of distant TV station signals that duplicate the programming on an in-market station, but there is a waiver for distant stations that have significant over-the-air viewership in a relevant community.

WNTH petitioned the FCC to lift that waiver for the communities of Meriden, Milford, Wallingford and Waterbury, Conn. The FCC agreed to lift the waiver for all but Meriden. WABC had argued that there were not sufficient survey results in Milford to justify lifting it in that market, and the FCC agreed.