Cablevision Cries Foul at Some GSN Experts, Evidence
Cablevision hopes to block some experts and evidence that Game Show Network claims bolsters its carriage complaint against the cable company. Cablevision motions were posted in docket 12-122 Friday as it sought FCC administrative law judge orders blocking or partially…
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blocking various pieces of evidence. In Cablevision's crosshairs is the testimony of Hal Singer, Navigant Economics' managing director, on his analysis of the profit supposedly given up by Cablevision when it moved GSN in 2011 from its basic cable tier to its Sports & Entertainment tier. Cablevision has argued that the move was for cost savings, with lower affiliate fees. Singer's work "is based on groundless assumptions and flawed methodologies that do not meet the basic legal tests of admissible expert testimony,” Cablevision said in its motion. It said Singer’s calculations about customer churn and lost goodwill were based on assumptions instead of actual data. Four categories of evidence also should be declared inadmissible, Cablevision said: evidence about the alleged similarities of GSN and Cablevision's affiliated networks WE tv and Wedding Central; what Cablevision called hearsay testimony from some GSN witnesses; written testimony that didn’t come from firsthand factual knowledge; and some GSN exhibits. GSN declined to comment Monday. A hearing before FCC Chief ALJ Richard Sippel regarding GSN's complaint is scheduled to commence July 7.