Cablevision View of Program Carriage Is 'Contrary, Toothless,' GSN Says
Cablevision's request for summary judgment in Game Show Network's carriage complaint against it is based on the idea that the cable operator can't be found to be engaging in discriminatory behavior “unless it permanently cripples GSN on a nationwide basis,”…
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said the programmer in an opposition motion posted in docket 12-122 Thursday. “Cablevision is wrong.” That “contrary, toothless” reading of the Communications Act would immunize all pay-TV companies from liability, GSN said. By moving the channel from the basic tier to a sports tier, “Cablevision violated the program carriage rules in its zeal to promote its affiliated networks at the expense of a competitor,” GSN said. The operator recently said that if the case goes to trial before a commission administrative law judge, the network won’t be able to prove that Cablevision’s tiering decision involved “discriminatory intent” (see 1504300051).