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Verizon Asks FCC to Rule on MSG HD Channels

Eric Rabe posted in PolicyBlog Video Policy  on July 08, 2009, 01:43 PM EST

As readers of this blog know, Cablevision has refused to make the MSG channels that it owns available in HD to Verizon.  That's why we haven’t provided the HD versions of the MSG regional sports programming to our customers in New York and New Jersey.  Now we’re asking the Federal Communications Commission for a ruling – within five months – that could change all that.

In something called a Program Access Complaint filed yesterday, we ask the FCC to compel Cablevision to provide this programming to Verizon FiOS TV.  It was only after we filed a similar complaint in 2006 that Cablevision finally agreed to sell its sports networks in standard definition to Verizon.

In our current complaint, we told the FCC that Cablevision has “continually denied Verizon access to the high definition versions of its regional programming on any terms."  We note that Cablevision provides this same programming to other cable operators – Comcast and Time Warner. 

Since the MSG Network carries the New York Knicks, New York Rangers, New York Islanders, New Jersey Devils and Buffalo Sabres, this programming is “must have” programming for many sports fans in the region.  Moreover, increasingly customers expect that this unique programming be offered in HD.  It seems pretty clear that Cablevision is withholding this programming in hopes of thwarting competition from FiOS.

If there was any doubt about that, we said in our filing, Cablevision has advertised that it is the only HD source for four of the nine professional sports teams in the New York City metro area.

Since Cablevision won’t voluntarily provide this programming, consumers in the New York area don’t have the choice they should have for subscription TV, and it doesn’t look like they will until the federal regulators force Cablevision to do the right thing.

We’ll keep you posted.

 

 

Reader Comments
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.
William Aprea posted on 7/10/2009 8:40:05 PM
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/).
William Aprea posted on 8/18/2009 8:44:20 PM
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
Eric Rabe posted on 8/21/2009 12:11:10 AM
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!
William Aprea posted on 9/20/2009 6:29:32 AM
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.
John posted on 11/10/2009 4:20:10 PM
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.
Chris posted on 11/15/2009 11:27:04 AM
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.
William L. Aprea posted on 12/3/2009 9:41:35 AM
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!!!!!
Phil D posted on 12/7/2009 9:53:49 AM
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.
Mark posted on 12/7/2009 4:00:19 PM
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.
Rob C posted on 12/10/2009 10:55:03 AM
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.
Ron Latorre posted on 12/19/2009 12:24:50 AM
Any updates on this issue?
Patricio posted on 12/19/2009 12:20:05 PM
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!
Jon posted on 12/29/2009 11:30:00 AM
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.
Jerry B posted on 12/31/2009 11:59:10 AM
Are there any updates on this issue? The minute this is resolved, we are leaving Time Warner. Please give update.
Chris posted on 1/2/2010 9:49:02 AM
Are there any updates on this issue? The minute this is resolved, we are leaving Time Warner. Please give update.
Chris posted on 1/2/2010 9:50:57 AM
The FCC will release a statement/ruling on this on 1/20/10
Matt de Palo posted on 1/4/2010 11:06:08 PM
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.
William Aprea posted on 1/5/2010 10:41:53 PM
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.
Claude posted on 1/20/2010 12:20:12 PM
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.
Mark posted on 1/20/2010 1:18:24 PM
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.
Jerry B posted on 1/20/2010 1:48:12 PM
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?
William Aprea posted on 1/20/2010 4:58:41 PM
Any new news yet?
Anthony posted on 1/27/2010 7:47:10 PM
FCC made decision on January 10th, can you please update us on what FIOS has done since that date to make Dolans comply? Thanks.
Jeff in NYC posted on 2/23/2010 11:44:44 AM
FCC made decision on January 10th, can you please update us on what FIOS has done since that date to make Dolans comply? Thanks.
Jeff in NYC posted on 2/23/2010 11:48:37 AM
any news with this?
Joseph posted on 3/7/2010 4:53:49 PM
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