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Cablevision Asks ALJ To Dismiss GSN Case

The Game Show Network can’t show that Cablevision’s decision to place the network on a sports and entertainment tier had an adverse effect on its subscribership, advertising revenue or ability to compete, said the operator in a partially redacted motion…

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for summary judgment posted in the companies’ administrative law carriage case Thursday. “In opposition, GSN will undoubtedly assert that it would have done even better if it had not been retiered by Cablevision.” Even "if true, that is irrelevant for the purposes of this motion,” Cablevision said. If the case goes to trial, the network won’t be able to prove that Cablevision’s tiering decision involved “discriminatory intent,” Cablevision said. The administrative law judge should enter a summary decision dismissing GSN’s carriage complaint “rather than using the Commission’s limited resources to conduct a trial” that GSN can’t win, Cablevision said in docket 12-122. The programmer didn’t comment.