Cable Networks, Distributors Face Tough Carriage Disputes

Law360, New York (June 12, 2013, 12:50 PM EDT) -- Two recent court decisions illustrate the difficult burdens of pleading and proof that face cable networks and distributors alike in asserting carriage dispute claims, whether based on a multichannel video programming distributor's (MVPD) alleged discrimination in violation of the Federal Communications Commission’s program access rules or on a network’s alleged refusal to license its content in violation of the antitrust laws.

These decisions, in Comcast Cable Communications LLC v. FCC (D.C. Cir., May 28, 2013) (the “Tennis Channel case”), and Sky Angel U.S. LLC v. National...
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