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US: Court finds antitrust issues outweigh First Amendment threats in cable TV case

By  |  September 5, 2013

A court sided with the Federal Communications Commission Wednesday when it ruled the watchdog’s policies, designed to protect competition in the broadcast market, could remain in place despite a challenge brought by Time Warner Cable and the National Cable Telecommunications Association.

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    Time Warner and the NCTA looked to overturn the legislation, in place since 1992, on grounds it violated the First Amendment. The rules allow networks to file complaints with the FCC on claims they are being discriminated against by pay TV providers, say reports. Time Warner claimed such rules prevent companies from managing indie networks as they want to, which, in turn, violates their right to free speech.

    The court sided with the FCC, however, fining that – according to The Verge – “the antitrust issues at stake outweighed their First Amendment concerns.”

    In a statement, FCC chairwoman Mignon Clyburn praised the case’s result and described the rules in question as “necessary to prevent anticompetitive conduct” by players in the broadcast market.

    Full Content: The Verge

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