PolicyBlog

Eric, I am glad that the complaint has been filed with the FCC. Is the full-text of the complaint available online? Will the FCC open a docket on the complaint? Will consumers have the ability to file comments? Regards, William L. Aprea, Esq.

Any chance you could post the docket number? I think consumers (especially rabid NY Rangers fans like myself) could be big advocates for Verizon's point of view. Unfortunately, the antiquated FCC website is quite difficult to search in any meaningful way (http://techliberation.com/2007/10/29/fccgov-searching-in-vain/).

Link to upload comments: http://www.fcc.gov/cgb/ecfs/ Willliam, Go to the FCC Web site: http://www.fcc.gov/cgb/ecfs/. Look on the right hand side "ECFS Main Links, click on "Submit a Filing" on the right hand side and fill out the data fields to upload comments. The docket number is 07-198. Thanks. Eric

Thanks, Eric, for this important information! I filed a comment this morning. And, while as a lay person, my comments were not as elegant or persuasive as the comments filed by others (including, for instance, comments filed by the the Coalition for Competitive Access to Content on 6/9/2009), I am hopeful that the FCC will consider them just the same. It is time to close the terrestrial loophole!

I've been hearing the same thing for months now and still no msg hd. Fios isn't fighting hard enough. They put most of their time into swindling customers into signing up at low prices only to bait and switch their offers. I'm not going to hold my breath. Love the picture, hate the service, the policy blog, and the lying sales and customer service reps.

Has there been any updates to this? It has almost been five months. This effects more than just the immediate NYC and New Jersey area. It effects Buffalo, Rochester, too.

Eric, is there any update you can give us? The NBC Universal acquisition by Comcast only intensifies the need for FCC to clearly articulate rules allowing for non-discriminatory HD channel access on competing carriers (and the closing of the terrestrial loophole). Don't let the voluntary commitments of Comcast set forth in Section 7.b. of this document (http://www.nbcutransaction.com/pdfs/PublicInterestCommitments.pdf) cloud the issue. While I am certain that Verizon will be very active in the docket for the Comcast-NBC Universal deal, please don't lose sight of your regional sports fans starving for HD access to their favorite teams.

TODAYS THE DAY!!!! can we please get an update as soon as a ruling is made? maybe an outgoing link to the fcc site for the decision or something? ive been waiting for this day since i read this. MSG HD would be HUGE!!!!!

I've been waiting for MSG HD too, but as I can tell Verizon ASKED the FCC to rule within 6 months... that doesn't mean they are going to do so.

This is the only thing holding me back from getting fios. I bought an HDTV so I could watch the hockey in HD. An update on this would be great.

My verizon equipment was installed yesterday (12/18/09). I just found out that MSG HD is not available. I made it clear to the salesman that I am a huge NY Rangers fan. He assured me that I would get all the games. He didn't elaborate about the standard def only. I am calling tomorrow to get rid of it. The equipment and interfaces are far superior to cable, but I really will not do without MSG HD.

Any updates on this issue?

There's an article released by the AP regarding this. It was published 12/15. If you search "FCC Terrestrial loophole" on google, you'll find it. Hopefully this can all come to an end soon!

Like many others, I'm waiting for MSG HD so I can switch to Fios TV. Can we please have an update on this issue, even it it's to say work is still in progress. Thank you.

Are there any updates on this issue? The minute this is resolved, we are leaving Time Warner. Please give update.

Are there any updates on this issue? The minute this is resolved, we are leaving Time Warner. Please give update.

The FCC will release a statement/ruling on this on 1/20/10

The subject is indeed on the tentative agenda for the January 20, 2010 meeting of the FCC Commissioners. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295432A1.pdf There is speculation, however, that the conditional access rules (of which the so-called terrestrial loophole is a current feature) will only be narrowed to include a "prohibition in that section can be extended to terrestrially-delivered programming if a case can be made that an exclusive contract violates the rule against "unfair methods of competition or unfair or deceptive acts or practices."" http://www.broadcastingcable.com/article/442035-FCC_Schedules_Vote_On_Terrestrial_Exemption_Order.php?rssid=20103 I'm concerned that this sort of solution will only bring these issues into the courtroom rather than to a clear resolution. I, for one, am waiting with baited breath for the 20th to see what the final resolution will be.

FCC set to close cable program access loophole Email this Story Jan 20, 11:05 AM (ET) WASHINGTON (AP) - Federal regulators are voting on closing a loophole that allows cable TV operators to withhold sporting events and other popular programming that they own from satellite companies and other rivals. The Federal Communications Commission is likely to eliminate the so-called "terrestrial loophole" at a meeting Wednesday. The provision has allowed cable TV companies such as Comcast Corp., Cox Communications Inc. and Cablevision Systems Corp. to get around access requirements in a 1992 federal cable law by distributing programming over land-based rather than satellite connections. Those companies have been able to deny programming to competitors such as DirecTV Inc., Echostar Corp.'s Dish Network, AT&T Inc.'s U-Verse video service and Verizon Communications Inc.'s FiOS video service.

Score one for the good guys! http://online.wsj.com/article/SB10001424052748704320104575015133103866518.html?mod=WSJ_latestheadlines Unfortunately Cablevision will probably challenge it in court, delaying the inevitable.

I just read an email from Vz Newscenter..."In a 4-1 decision, FCC commissioners concluded that withholding regional sports programming presumptively violates section 628 of the Cable Act and is anti-competitive. The order, approved at Wednesday's open meeting, includes "standstill" language barring cable companies from cutting off access to programming during program renewal negotiations". Now the only question is how long before this will really happen.

Well, the ruling has come out today with respect to the so-called "terrestrial lopophole." http://www.multichannel.com/article/445134-Satellite_Telco_Providers_Applaud_FCC_Program_Access_Vote.php Will Verizon's original petition be ruled upon by FCC or will you have to file a new petition under the order that came down today in order to request that Cablevision be forced to provide its regional sports offerings in HD?

Any new news yet?

FCC made decision on January 10th, can you please update us on what FIOS has done since that date to make Dolans comply? Thanks.

FCC made decision on January 10th, can you please update us on what FIOS has done since that date to make Dolans comply? Thanks.

any news with this?

Saw this article today about the FCC rejecting the cable company's appeal. http://news.yahoo.com/s/ap/20100312/ap_on_sp_ot/us_tec_cable_access_rules Court OKs TV rules opposed by Comcast, Cablevision WASHINGTON – A federal court Friday upheld regulations that require cable TV companies to make sports programming and other channels they own available on equal terms to rival TV providers such as satellite companies. The ruling by the U.S. Court of Appeals for the District of Columbia leaves in place the Federal Communications Commission "program access" rules, which are intended to ensure that cable companies cannot withhold highly desirable programming that they own from competitors. The decision was a setback for Cablevision Systems Corp. and Comcast Corp., which were challenging the FCC's decision to extend a ban on exclusive programming contracts for five years. Comcast said it was disappointed in the ruling. Comcast has nonetheless pledged to extend the program access rules to the local NBC and Telemundo stations it would control as part of its proposed combination with NBC Universal. Comcast is seeking FCC and Justice Department approval to buy a 51 percent stake in NBC Universal from General Electric Co. FCC Chairman Julius Genachowski praised Friday's ruling. "The commission's program access rules have played a vital role in making diverse and attractive video programming available to cable and satellite TV viewers," he said in a statement. Satellite TV provider DirecTV Inc. called the ruling "a win for consumers." Messages seeking comment from Cablevision were not immediately returned. Friday's ruling is the second key victory for cable rivals in as many months when it comes to program access rules. In January, the FCC voted to close to the so-called "terrestrial loophole," which lets cable companies get around program access rules by distributing programming over landlines rather than satellite connections. Comcast, Cablevision and Cox Communications Inc. have relied on the loophole to deny sports programming to competitors such as DirecTV, Echostar Corp.'s Dish Network, AT&T Inc.'s U-Verse video service and Verizon Communications Inc.'s FiOS video service.

So does this latest ruling mean FIOS customers will be getting the MSG channels in HD?

Eric, We've had radio silence from you since August of 2009. Any update you can provide as to Verizon's course of action now that the order was issued by the FCC on 1/20, and upheld in Federal Court on 3/12? As stated in the news release accompanying the order, "The Order does not decide [existing] complaints but describes how they can be handled going forward. It provides that complainants may continue to pursue their complaints as filed. If, instead, a complainant wants a currently pending complaint to be considered under the new rules, it may submit a supplemental filing alleging that the defendant has engaged in an unfair act after the effective date of the rules." Will Verizon be submitting a new complaint or continuing to pursue the complaint filed July 7, 2009. Inquiring minds want to know... we want MSG in HD just in time for the Knicks and Rangers to not be participating in the playoffs... :) Thanks!

This issue is one of the main reasons we formed the SFC (www.SportsFansCoalition.org): To fight for the sports fan when large media companies simply refuse to follow the law. We have a petition available for all NY/NJ residents to take action against MSG for withholding games in HD from fans following the ruling by the FCC. It's just not right. We won't rest until the fans get their games.

Way to go Verizon! I just recently switched to Fios over Cablevision's high-speed internet and TV programming and while I'm absolutely LOVING Fios...I'm upset to see no MSG HD offerings. However after a quick Google search this morning, I find this, and boy am I pleased to see Fios acting on this. Local sports team programming in HD is extremely important to me and I surely hope that the FCC rules in Verzion's favor and forces Cablevision to offer local sports programming in HD.

Bill Kula provided an update on the general Verizon forums and blogs page. http://forums.verizon.com/t5/Verizon-at-Home/Verizon-Asks-the-FCC-to-Rule-on-Program-Access-Complaint/ba-p/178167. Essentially, Verizon is waiting on the FCC to rule on their initial program access complaint filed in July of 2009. I am going to file another comment on the FCC docket (07-198) as we are now more than two months removed from the Commission's January 20, 2010 order.

Hey Eric, How about an update that is not 8 months old. Your customer updates are as bad as Fios customer service.

I filed the following on the docket urging swift FCC action, and I encourage all other interested subscribers to let their concerns be known to the FCC: "Dear Ms. Dortch: As an interested consumer and affected customer, I am writing to urge the Commission to take swift action with respect to any open program access complaints within this docket including but not limited to Verizon’s July 7, 2009 complaint against Cablevision. As a Verizon FIOS subscriber for the past few years, I have been denied access to the HD feeds for my favorite regional sports programming, including the New York Rangers and New York Knicks on the Madison Square Garden Network, a Cablevision property. As it has now been more than two months since the Commission’s January 20, 2010 order, the time is now for the Commission to level the playing field and stop the anti-competitive practices of incumbent carriers like Cablevision, which has specifically denied HD regional sports programming feeds to carriers that directly compete with it in its territories (like Verizon and AT&T), while distributing those same HD regional sports programming feeds to those carriers that do not directly compete with it in its territories (like Comcast and Time Warner). I find it particularly disturbing that Cablevision’s spokespeople like Kim Kerns have the audacity to claim in press statements (see http://online.barrons.com/article/PR-CO-20100120-906986.html) that “Verizon and AT&T [should] not receive an FCC bailout that will allow them to capture News 12, MSG Varsity and other programming that we have developed for our customers” when at the same time the company flaunts that its television service as the only way to get all regional sports channels in HD in its broadcast television advertisements. I urge the Commission to stop these clearly anti-competitive discriminatory program access violations at once to preserve the competitive nature of this nascent market. Thanks for your kind attention to my request. Sincerely, William L. Aprea"

Unfortunately, according to a subsequent filing from the FCC General COunsel's office, "This is to advise you that on March 15, 2009, Cablevision Systems Corporation ("Petitioner") filed a new case in the U.S. Court of Appeals for the D.C. Circuit pursuant to 47 U.S.C. § 402(a), of the following order: In the Matter of Review of the Commission's Program Access Rules and Examination of Programming Tying Arrangements, (reI. Jan. 20, 2010), FCC Order No. 10-17, FCC Docket MB 07-198. Cablevision challenges the Commission's conclusion that an exclusive distribution agreement between a cable operator and a terrestrially delivered cable owned network may constitute an unfair method of competition in violation of 47 U.S.C. § 548(b). The Court has docketed this case as No. 10-1062. The attorney assigned to handle the litigation of this case is Nandan Joshi." Perhaps the FCC will await the disposition of this case prior to ruling on outstanding complaints. I sincerely hope not.

I switched over from Comcast 2 weeks ago and it is killing me not to see the NJ Devils game in High Def! Its nice that I went from 900 to 2000 channels but the MSG and MSG+ channels are my main sports channel right now. I hope I didn't make a mistake. Please tell me this will get resolved before next hockey season!

i switched over about a month ago. i really missed msg hd because of ranger games (at least i'm not missing any playoff games in hd!) and eufa champions league soccer just started being shown in hd and i really miss that, but i won't switch back. fios is 100% better than cable (faster internet, more channels, better cost) ... also it's just because i can't support a company so low class like cablevision. dolan is just an awful person to run any company.

For those concerned they will not be able to see LeBron in HD next year, here is where this forum has been picked up. http://forums.verizon.com/t5/Verizon-at-Home/Verizon-Asks-the-FCC-to-Rule-on-Program-Access-Complaint/ba-p/178167 I am moving to a building that has an exclusive deal with Fios, and I am none to happy about all of this mess.

http://www.techthrust.com/top-stories/court-oks-tv-rules-opposed-by-comcast-cablevision-ap/ http://www.fiercecable.com/story/court-tells-cable-release-programming/2010-03-15 Does this mean Verizon will get MSG HD and how long will it take?

Update from DC Circuit , Email response stating that its still pending. Well by the Fall if not on, its back to TWC and TWC will have Mobile - ONE BILL in NYC this Fall coming , Winter 2010-2011. So what will come first ?

It looks as though Verizon has amended its program access complaint with FCC to ratchet up the pressure. See http://policyblog.verizon.com/BlogPost/733/VerizonUrgesFCCtoStopCablevisionsIllegalWithholdingofRegionalSportsProgramming.aspx. Before this amended complaint filed with FCCm Cablevision and its progeny (MSG, LP) have filed yet another lawsuit in the US Court of Appeals for the DC Circuit challenging the January 20, 2010 FCC order.(http://fjallfoss.fcc.gov/ecfs/document/view?id=7020496119). From the filing "This is to advise you that on April 30, 2010, Madison Square Garden, L.P. ("Petitioner") filed a new case in the U.S. Court ofAppeals for the D.C. Circuit pursuant to 47 U.S.C. §402(a), of the following order: In the Matter ofReview ofthe Commission's Program Access Rules and Examination ofProgramming Tying Arrangements, (reI. Jan. 20, 2010), FCC Order No. 10-17, FCC Docket MB 07-198. Madison Square Garden challenges the Commission's conclusion that an exclusive distribution agreement between a cable operator and a terrestrially delivered cable owned network may constitute an unfair method of competition in violation of 47 U.S.C. §548(b). The Court has docketed this case as No. 10-1088 and has been consolidated with No. 10-1062."

To the Dolans: I used to be a big Knick fan until you bought the team. It's because of things like this that I root against the Knicks now. I switched from Cablevision to Directv then to Fios when you had the dispute with YES and if you think I'll switch back because I can't get MSN on HD you're mistaken. I hope you don't get LeBron unless you allow FIOS access to MSNHD. Only then I'll go back to the Knicks.

This same blog has been up for over a year. What is going on? Is there an appeal by Cablevision, if so how much longer till case is heard and a decision made. Verizon has great products, such as crystal clear pictures, but their customer service and public relations are horrid. The policy blog should just say to its' customers to shut up and keep paying your bill. It is not verizons policy to tell its customers anything new. When I signed up for fios 2 years ago, i was told that they would have msg within the year. Then 2 entire hockey seasons have passed and I still don't have msg. If i would have been told the truth i would have kept Time Warner, but then again I guess that is why they lied. How about some new information. I'm running out of patience, and unfortunately, big business like Verizon, looks down on the little customer and could give two shits about answering queries truthfully. And that includes you, the Great good for nothing Eric Rabe. Fancy title, empty suit. If I performed at my job like you do at yours I'd be fired for incompetence.

So realistically how much longer is it going to be until Cablevision is required to sell broadcast rights to MSG-HD? I'm a prisoner to TWC until that day.

What is the status on this issue? The Knicks season is starting up in less than a month, and this Standard definition channel doesn't cut it when there is a HD one out there. Why hasn't there been any updates on this? thanks.

Its Not coming until 2011 or 2011-12 Season if it does. Initial brief is due November 1, 2010 and final brief is due December 21, 2010. Im goin back to TW Cable Sept. 14 and I will have NSG HD, MSG + HD , and NY 1 HD . I heard by not having FIOS 1 on Verizon. Im not missing anything, so its a wise idea on my part that Ill be with TWC on 9/14 and canceling FIOS . Ill stay wth Verizon Wireless Until TWC /RR Mobile/ Sprint /Clear makes its way into NYC Market in the next few months.

This is complete B.S. Hey Eric Rabe are you there? I just got more information from billy than from you. Thanks billy. You should contact verizon and tell them you want a portion of Rabe's salary for doing his job. Thanks for nothing Rabe!!!!

Here in Buffalo, whenever I tell someone I have FIOS, they immediately respond with a comment along the lines of "That sucks, they don't have the Sabres games in HD." This is getting pretty ridiculous... I know lots of people who hate Time Warner, and the only reason they stay is for the HD games. When I get together with friends to watch the games, my place is blacklisted because I have the subpar service. When will Verizon be getting this channel? - Been waiting 2 years!

Im one of the biggest Rangers fans there is. I have a masters degree in sports... But the bottom line is I couldnt be a prisoner to Cablevisions slow internet, inferior movie programming and higher prices than FIOS. So even though Im going to have to SUFFER through SD games this year, and maybe next, I had to pull the trigger on the switch to FIOS.

I want to watch the hockey games in HD. I realize i am not getting the channels (msg, etc). Last year the NHL package (whats it called? center ice?) did not show the games in HD either. Is this going to change this year?

How could this billion dollar national company get bullied by a regional company? If you only paid whatever it took for fios to receive MSG HD you would find MILLIONS of new clients within the first year. How do you not realize this? Lets do the math 1,000,000 X the (ridiculous amount of money you charge on a monthly basis lets just call it) 100 X 12 = 1.2 Billion dollars in a year. Stop getting bullied and pull a WALMART and knock out the regional business already. Requiring someone to add 7 and 6 is an insult to humanity.

Its about time that slim ball Charles Dolan do the right thing. I cannot stand the Dolans or their ideas. Competition is a good thing here on long island. He's had a free ride here screwing all of us here for years. Time to pay the piper and grant us customers HDTV Islander games. The FCC these day's seems to worry about cell towers instead of HDTV. FCC wake up and smell the coffee for a change.

Hi, I'd like to add another comment that won't generate a response from your worthless policy blog. Where should I stick it? Oh, never mind, I found a place.

I just got fios and found out the msg was not in hd. But I refuse to give in to cablevision and go back, fios is way better . Dolans ruin everything they touch that includes the knicks

Not sure if this will help, but here is the FCC complaint online form - For what it's worth it took me about 3 mins to fill this out.

you can get center ice on verizon which this year has two HD channels... but, if you are in the nyc area those games will be blacked out on center ice since they are carried by msg. the only exception is if the games are national games on versus or nbc, those are the only chance you would have of watching the rangers/devils/islanders on HD on verizon.

It really sucks that the knicks are finally gonna be good again and I have will not be able to watch them in HD! Some needs to put cablevision in a choke and force them to give us Verizon customers the damn channel!!!

is there any update at all? is there anything that we the customers can do about this? thanks

This is really ironic.. I've been wondering this for a long time.. (Why I hate watching sports on FIOS because nothing is in HD) -- So, I typed it into google just now and see an article that was posted today explaining it.. Now if only it made any difference. If I was cablevision I wouldn't allow them to have the channels in HD either so I understand fully. Hopefully they can reach some agreement. Watching hockey without HD sucks!

FIOS wake up, make this happen, eventually it'll cost you $ when we get tired of the waiting and LEAVE!!!

Seriously even if u can't make msg hd happen , can u enhance standard def ? I get a headache from blurr every game? I am so close to return to cablevision which I hate, but I must have hd rangers, over all movie channels

The Dolans own the teams (Knicks and Rangers), arena, the television network that broadcasts their games, and the cable system that carries the network. then to thwart competition, they refuse to release HD feeds of the teams' games to competitors networks. Now, isn't that the definition of anticompeitive behavior that rises to an anti-trust violation. The Dolans didn't create HD television. On the g-d forsaken day they bought the Knicks and Rangers, HDTV didn't even exist. I'm tired of Cablevision hiding behind technicalities in FCC rules, and their incessant filings, appeals and lawsuits. Forget the legal system, I'm a lawyer, I know how ineficient it is. Isn't there something that David Stern and Gary Betteman can do as comminssioners of their leagues to force the Dolans to end this charade and release the HD feed to everyone. Owning an NBA and NHL franchise is a public trust. The Dolans have so overpriced Knick tickets the last 10 years, its impossible to go to more than a couple games a year. The least they could do is fairly compete in their core businesses and not screw the fans that support Jim Dolan's "toy". What are they afraid of, if Fios had MSGHD, they'd have to improve their service to compete? Enough already- the leagues should step up and change this unfair policy that only decreases viewership, interest and ad dollars to their leagues. The Dolan family is a cancer on the NY sports scene, ruining two storied NY franchises. The NFL and MLB did the right thing by refusing their attempts to buy teams in their leagues too.

The standard def MSG channel is definitely in need of enhancement if MSG HD is not introduced. The SD broadcast of MSG is blurry and shaky, much worse than any other standard def channel I have watched. I really don't understand why this is the case. It is completely unwatchable. Makes me wonder what I am paying $200 a month for.

This is ridiculous. First off all Eric Rabe, v.p. of bull, retired months ago, that is why there is no update on this blog. Verizon has been telling people for years now to sign up, don't worry they will be getting msg hd soon. I got fios in summer 2007, and since then have been watching horrible SD feeds with no end in sight. Verizon keeps leaving it up to the FCC to act, but Fcc can't do anything, they don't make laws. Verizon needs to stop acting like the scared little rabbit and put it's resources into a huge lawsuit against MSG. I'm tired of waiting for a bunch of stuffed suits in government to act. Verizon is the one sitting on their butts, just waiting, because as long as suckers like me keep paying their 240.00 bills, who cares, Right?

Further proof that the Chuck Dolan is the Anti Christ. Thank God that he and his arrogant son never got to sink their fangs into Steinbrenner. Where would the Yankees be if they were another of Jimmy Boy's toys?

Final briefs have been filed, and oral argument is set for February 14, 2011 before Judges ROGERS, TATEL, GRIFFITH.

Make it simple folks. If you hate Dolans/Cablevision (as I do) then get DirecTV. It's the best picture anyway and you get the MOST (NO BS) HD channels. www.LongIslandBids.com

I'm sure there is enough bad behavior to go around. Big companies behaving badly. This is, alas, one of the prices of "deregulation". Not that all regulation is good, mind you, but ya pays your money and takes your chances. ::sigh::

According to the docket, oral arguments were held this morning. Now that that is done, the waiting game begins. Lets hope the court's decision comes sooner rather than later.

Well, I'm pretty late to this blog. I haven't been a Knicks fan since Pat E. and I was ready to put all things aside and watch our new super star tonight premiere in the Garden on MSG HD. Are you kidding me. I'm on Vios and had to watch such a cr**py picture I'm ready to stop being a Knicks fan after one game.

Sadly, the folks at MSG are doing everything they can to keep 'Mello in HD to themselves and off FiOS. We are working everyday with the regulators fix this.

Thanks JohnCZ. I mean that sarcastically. I have emailed verizon numerous times regarding MSG HD and the only thing I get in response is an email thanking me for my question. They do not address my question at all. Now we have this new blogger from TMZ apparently with his in depth (I mean inept) commentary. Fios has a great picture, but the worse public relation/customer service I have ever dealt with.

I'm not sure there is much that Verizon can do at this point as they are at the mercy of the FCC decision/ruling on their program access complaint against Cablevision (now MSG, LP). Hopefully, the DC Circuit will soon rule in favor of the FCC with respect to the lawsuit brought by Cablevision, and then the FCC will start acting on outstanding petitions. For the latest update on that see John Eggerton's article on Multichannel News. He was present at the oral argument on February 14, 2011. (Link and Full Text Below) http://www.multichannel.com/article/463910-Tatel_Tale_Judge_Dominates_Grilling_In_Cablevision_s_Program_Access_Challenge.php Tatel Tale: Judge Dominates Grilling In Cablevision's Program-Access Challenge Tatel Does Most Of Talking In MSO's Case Against FCC's Decision To Close Terrestial Exemption By John Eggerton -- Multichannel News, February 14, 2011 Cablevision made its case against the Federal Communications Commission's closing of the terrestrial exemption at federal court Monday, but if the judge doing almost all the talking was any indication, it could be tough sledding. Arguing the case for Cablevision was Henk Brands, a partner in the communications practice of law firm Paul, Weiss. C. Grey Pash argued for the FCC and AT&T attorney Jonathan Neuchterlein backed the FCC's reading of the statute. Cablevision is challenging the FCC's decision to close the terrestrial exemption in the program-access rules. That exemption had excluded terrestrially delivered cable networks, primarily regional sports networks, from the FCC's rule mandating access to competing distributors of satellite-delivered networks in which a distributor has a financial interest. AT&T wants access, which is why it was in court on the side of the FCC. The statute "bristled" with references to "satellite," said Brands, saying it was mentioned 48 times and that Congress meant satellite when it said it, and certainly gave no express signal that it might mean something else. Brands also said that, since the FCC used similar arguments about not providing access to satellite competitor's Internet service in its justicification of network neutrality rules, the FCC's decision in the exemption case could be used to to upset the Comcast/Bitorrent decision by that same D.C. Court. He warned there was virtually no end to the kind of roving market monitoring the FCC could could justify under its interpretation of preventing actions that significantly hinder competition. But Brands had hardly started making his case when Judge David Tatel broke in to ask questions, and hardly let up from there. His primary line of inquiry was why the FCC wasn't simply using its discretion as an expert agency to apply Congress'interest in preserving competition in view of changing technology--a number of regional sports networks are delivered terrestrially, which the FCC considers the kind of must-have programming Congress intended satellite operators to have noncisriminatory access to. Brands argued that, instead, the FCC was exceeding that discretion, taking a statute that was meant to prevent barring the "provision" of satellite networks and turning it into one that allowed the FCC to regulate on the basis of the ability to "sell" a network, which would allow it to interpret "siginficantly hindering" in the statute to mean virtually anything it wanted, including price. The FCC based its ruling that terrestrial delivery was no longer a de factor exemption from bans on withholding content on its finding, upheld by this same D. C. court--that exclusive contracts between cable companies and the owners of apartments and other multiple-dwelling units could be banned. That was why Brands went out of his way to draw a distinction between preventing physical access to satellite delivery, and what he said the FCC had done, which was to target the selling, rather than provision, of satellite service. Tatel also took aim at Cablevision's argument that the FCC was foreclosed from regulating terrestrial programming. He posed the hypothetical of lawyers for a satellite distributed network, before the FCC closed the exemption, writing a memo advising their client to switch to terrestrial and thus evade the access rules. Wouldn't the FCC be able to prevent that, he asked. Brands suggested it might, but that those were different circumstances and under the current set of facts, the FCC would be foreclosed. Brands came up with his own hypothetical, saying a statute that made it illegal to prevent doctors from providing services could be interpreted to allow prohibiting someone from blocking access to an ambulance, but not from charging a lower price for ambulance service to draw customers away from a competitor. When it was his turn, Pash said Congress had been concerned about maintaining competition to must-have content, and when satellite programming delivery is hindered. But Tatel challenged that argument as well, or at least probed the limits of it. He asked whether a cable operator could be forced by the statute to unbundle phone and Internet service because that hindered satellite competitors. Pash said potentially, but the FCC had not weighed in on that. Tatel conceded the point, but asked for advice on how the court could write an opinion that supported the FCC but did not open the door to that unbundling argument. Pash said he couldn't help, but Tatel seemed provide his own answer, saying that Congress obviosly did not mean to prohibit all competitive conduct, so that would be a governor on the FCC's actions even under their readin of the statue. Judge Judith Rogers spoke only briefly, primarily to clarify that Cablevision was arguing that when Congress said satellite, it meant it. Griffith, saying he wanted to bring the argument back to this battle--rather than Tatel's "overall war" approach, asked what Cablevision's strongest argument was. Brands said it was that the statute did not prevent withholding terrestrial programming. Griffith said he thought the strongest argument was that not all withholding was bad (the "doctor" analogy, for example).

I too hate watching my rangers in standard def. Maybe verizon needs so amunition, so here is some (i hope). On april 13 the ny rangers played the washington capitals in game 1 of their playoff series. In the third period there was a dispute over whether the capitals had scored. At the very moment the ref was going to announce the results of the review, the standard def programming cut to commercial. The hi def, i am told by a friend who watched it in high def, did not. So msg is sending verizon a different signal, which doesnt really seem right at all and might violate whatever agereement there is with reslect to the standard def channel fios does have. Hope this helps, do pass it on to someone in legal.

I experienced the same thing that the previous poster (Adam bobkin) described. Tbe MSG feed would just randomly cut to commercial in the middle of action. I did figure out, after about an hour of frustration, that the MSG+ channel where the game was also being broadcasted did not cut out. I'm not sure what is going on, but it seems like someone is playing games with us FiOS MSG viewers. I am sure Verizon is doing what they can to get the MSG HD feed and I am just going to sit back and be patient. Aside from MSG, FiOS is so far ahead of Cablevision and I would never go back no matter what promotional price Cable wants to offer me.

dolan is in cahoots with Obama!! The dem's are ruining everything....greedy and untrustworthy

Great news! The Court of Appeals ruled in the FCC's favor! Now let's see if these program access complaints get resolved in short order and FIOS subscribers finally get their Knicks and Rangers in HD! Article... http://www.nypost.com/p/news/business/more_tv_viewers_could_see_knicks_qnNuxC5XMcKhsbrdBbTj6L Full Opinion... http://www.cadc.uscourts.gov/internet/opinions.nsf/C1FE98D7BAAC92FC852578AB004EC1CA/$file/10-1062-1312593.pdf

Get your MSG in HD today!!!! It's time to have your voice heard! Let the FCC know that the time is now for them to act on open program access complaints such as Verizon's complaint against Cablevision! Use this link http://fjallfoss.fcc.gov/ecfs/comment_search/input?z=stlgb and search for the docket "07-198" using the "Search for Filings" function. Thx. Regards, Bill

FCC lawyer accuses Comcast of discriminating in favor of its own content. http://www.chicagotribune.com/entertainment/sns-rt-us-comcasttre76b069-20110712,0,6312129.story LOS ANGELES (TheWrap) - Comcast has just been served by the Federal Communications Commission over its treatment of the Tennis Channel. The Los Angeles Times reports that an FCC lawyer is recommending that Comcast be fined $375,000 for discriminating against the Santa Monica-based Tennis Channel. The Tennis Channel has argued that Comcast has refused to add the small sports channel to its more popular packages of channels, essentially depriving the company of revenue, while showing favoritism toward two comparably small networks, the Golf Channel and Versus, that are owned by Philadelphia-based cable leader Comcast. Comcast has denied the allegations, saying it would be too costly and not beneficial to include the Tennis Channel to its less expensive but more popular channel packages. However, FCC attorney Gary Oshinsky wrote on Friday that he believed Comcast had broken rules against cable operators from favoring channels that they own. "Comcast's discriminatory conduct unreasonably restrained the ability of Tennis Channel to compete fairly," Oshinsky wrote in his recommendation, going on to accuse Comcast of "deliberate anti-competitive conduct." Comcast and the Tennis Channel will next make their arguments next week before a judge in Washington, D.C., who will then submit his decision to the FCC so it may render the its decision. Comcast, the Tennis Channel and the FCC did not immediately return TheWrap's request for comment.

Great news. The courts sided with Verizon. Now Fios subscribers will only have to wait a few more years to get MSG in HD. Charles Dolan will file 10,000 appeals and Fios executives will sit there with big smiles on their faces because they will continue to send you a $250.00 bill every month. Yeah, Great news. Maybe if we are lucky Verizon may even update their own customers.

Great news! FCC has given Cablevision 30 days to work out a deal with Verizon on MSG in HD! http://mobile.broadcastingcable.com/article/474265-FCC_Cablevision_MSG_Network_Violated_Program_Access_Rules.php

Sounds like it'll be sooner than that! http://online.wsj.com/article/SB10001424053111903791504576587214101862164.html

I am appalled at the Ownership and MSG for blocking HD on FIOS. I switched to FIOS to save almost 100 bucks a month for a better product. I thought, at least, I could purchase an NHL package and see the Rangers in HD. Doesn't hockey have enough problems without this senseless abuse of the fans? I'll personally cut back on going to Rangers games due to this inconsiderate management position.

30 Days have come and gone........

30 days indeed has come and gone. I called a customer service representative to get an update on when/if Fios will begin to carry MSG HD and she had no information. Nothing at all. The only information I have received has been through DSL reports, high def forum, etc. It would be nice if Verizon Fios would update their customers' on what is going on. Par for the course for Verizon. Great picture, phone, and internet; horrendous customer service.

11/10/11 Commission Affirms Media Bureau's Order regarding Verizon’s Program Access Complaint against MSG and Cablevision http://www.fcc.gov/encyclopedia/media-bureau-headlines I hope this is it....finally!

Looks as though 11/25/2011 is the final reckoning day for Cablevision... FCC affirmed the media bureau's decision. http://www.multichannel.com/article/476571-FCC_Affirms_Media_Bureau_Decision_Against_MSG_In_Program_Access_Complaints.php?rssid=20077

Now it's mid-december. First it was 2007, then 2008, then 2009, then 2010, then october 2011, then november, now mid-december. Forgive me if I don't take the chance of holding my breath. Fios should have been ready for this to go online immediately.

So the FCC told Cablevision to provide MSG HD by 11/23 as I understand it. Cablevision appealed and asked for a stay I beleive. I have not seen anything posted anywhere since then. Can anyone provide an update?

I guess another date came and went w/o Cablevision letting go of the signal!! They had until the 25th of November. When is it going to be on Verizon?? It is the only thing holding me back on making a switch from Dish to Verizon. If anyone knows, please inform.

12/5 still no MSG HD on fios....yawnnnnn

Here is the latest from a company media contact: "On Nov. 16, we issued the following news release.  On the very same day, Cablevision filed with the FCC, yet again, for a stay of the ruling.  A hearing on the stay request is scheduled in federal court on Dec. 13, however, I'm not sure of the judge's timing for ruling on the stay request.  But Cablevision has been either proven wrong or denied on all their attempts to keep MSG-HD from FiOS subscribers.  So, we remain optimistic and we expect to get the MSG-HD feeds for our subscribers in mid-December.  I know this must be frustrating for sports fans like yourself, and we appreciate your sticking with FiOS TV." My take: Cablevision is pulling out all the stops, but I imagine we'll have MSG HD by the new year absent a big surprise from the court.

This just in from a Verizon rep this afternoon... very exciting... "Good news! The stay was denied just this morning. We have some network modifications to do, but should only be a matter of days... ." It took a long time, but it seems as though FIOS customers will finally have they're MSG in HD.

Check this link...at the bottom of the page someone reports MSG HD is live on Fios. http://businessforums.verizon.net/t5/FiOS-TV-Programming/MSG-HD-is-Coming/td-p/366015/page/5

I've gone from angry to humbled and excited. Thank you Verizon for finally getting this done. Now can we work on getting those overflow Channels on the air. You said next year. Well next year is in 2 weeks. Lets not drag this out. If the Rangers, Islanders, and Knicks are all playing on the same night, I don't want to get stuck watching my Devils play in SD.