Cablevision Seeks Oral Argument Before FCC on GSN Exceptions
Cablevision is asking commissioners to listen to oral argument on its exceptions to the initial FCC administrative law judge decision in Game Show Network's programming discrimination complaint. In a filing Tuesday in docket 12-122, Cablevision laid out multiple areas where…
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it says it and GSN disagree widely, such as direct evidence standards, the standard of review to which the cable operator is entitled and whether GSN was unreasonably restrained by Cablevision's retiering. It submitted a brief in further support of the exceptions it submitted earlier this month (see 1701050019) to the ALJ decision, arguing it isn't trying to relitigate but seeking a de novo review, and that GSN is misinterpreting the U.S. Court of Appeals for the D.C. Circuit's Tennis Channel ruling on a similar discrimination complaint. Cablevision said the channel is wrong when it says Judge Richard Sippel correctly followed FCC guidance about deciding whether GSN was similarly situated to Cablevision-affiliated networks, and it was incorrect when it says the agency shouldn't consider the effect the ALJ's ordered relief would have. GSN outside counsel Stephen Weiswasser of Covington & Burling told us the latest filings break no new ground in what Cablevision has already submitted in the record, and it has no objection to oral argument, but such a step isn't necessary.