DampierPhillip M Dampier
join:2003-03-23
Rochester, NY | reply to pnh102
Re: Pointless It is a violation of federal law for the NCTC to deny access to LUS Fiber. Since it's a cable industry collective, with some of its board members cable executives who have part ownership interests in some cable programming networks, the 1992 Cable Act specifically forbids discriminatory pricing and access to cable programming, which is exactly what NCTC is doing --
Section 628(b)
It shall be unlawful for a cable operator, a satellite cable programming vendor in which a cable operator has an attributable interest, or a satellite broadcast programming vendor to engage in unfair methods of competition or unfair or deceptive acts or practices, the purpose or effect of which is to hinder significantly or to prevent any multichannel video programming distributor from providing satellite cable programming or satellite broadcast programming to subscribers or consumers.
I know this very well since I was integrally involved in the battle to pass the 1992 Cable Act, the only bill to survive a veto by George H.W. Bush.
We actually negotiated FOR the NCTC in Section 628(c)(2)(B) of the bill. Of course, back then the NCTC wasn't dominated by big corporate cable like Cox and Charter. It was a co-op for wireless cable operators, community-owned co-ops, utility cable co-ops and independent cable systems.
That section was also designed to protect home satellite dish viewing rights.
These days, Cox and Charter dominate the membership of the NCTC and the group has gotten increasingly cagey about admitting cable industry competitors. That's why there is a justified FCC complaint. Expect the NCTC to eventually cave, because their admissions process is not defensible under federal law.
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Phillip M. Dampier
Editor, Stop the Cap!
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