Audio Video News

When analog over-the-air (OTA) broadcasting shuts down on February 17, 2009, analog cable subscribers probably won't notice thanks in part to the Federal Communications Commission (FCC), which is requiring cable operators to carry local stations in both analog and digital format for three years after the OTA cutoff date. This has many major cable networks, such as C-SPAN, Discovery Communications, A&E, and The Weather Channel concerned that they will be pushed off cable systems to make room for the dual carriage. As a result, these and other cable programmers are suing to block the FCC from implementing the mandate.

In a joint statement, the plaintiffs assert that "the FCC's favoritism to broadcasters not only ignores the public-interest value of [the plaintiffs'] programming, but it also violates their First Amendment right to 'speak' to cable subscribers when they are forced off or kept off cable systems because the limited available channel space must be given to broadcasters under the dual must-carry rule."

According to C-SPAN chairman Brian Lamb, "The Supreme Court has made it very clear that cable programmers have First Amendment rights, so it is frustrating to us and the other companies involved in this appeal, that our audiences risk losing our programming and that we have to go to court just to get a fair shake from the FCC."

The dual-carriage rule does not apply to cable providers that have dropped all analog service, leading FCC chairman Kevin Martin to reject the notion that the mandate should even be called "dual-carriage," referring to it as a "viewability" rule. But the number of all-digital cable providers is exceedingly small at this point, rendering his attitude somewhat academic.

Brian Dietz, vice president of communications for the National Cable and Telecommunications Association (NCTA), an organization representing the cable service providers, said in a statement on February 1, "NCTA doesn't intend to file an appeal of the order; however, we urge the commission to quickly approve a blanket exemption for small cable systems that do not have the capacity for dual carriage." FCC chairman Miller opposes this exemption for small systems, citing that their capacity limitations are being exaggerated.

Whatever the outcome of this lawsuit, the transition to digital television is sure to be fraught with many bumps in the road, so hold on to your hat.