Over a year has passed, so I figured I'd give this thread a bump because Time Warner still doesn't carry MASN. For those who haven't heard about this, here's how it went. The first arbitrator ruled in January 2008, then spoke publicly about it before the case was concluded. Time Warner had him disqualified because he wasn't supposed to give his opinions to the media. Okay, later in June, a second arbitrator ruled in favor of MASN, then chose MASN's best offer over Time Warner's. Time Warner had wanted to carry MASN on a digital tier even though it carries every other regional sports networks in their respective footprints on basic cable. Anyway, the arbitrator has ruled, so Time Warner appeals to the FCC. On October 31, the FCC Media Bureau orders TWC to carry MASN on basic cable. The entire document was made public and is available at
http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2441A1.pdf Time Warner lost miserably on every point. My favorite line from the FCC was- "We agree with MASN that it is unreasonable for TWC to foreclose broad carriage of MASN – and the opportunity to grow its fan base – and then rely on a lack of fan interest as a basis for its conduct. As MASN points out, such circular reasoning would almost always justify an MVPD’s decision to deny carriage to new sports programming networks."
After losing every defense they tried to put up, Time Warner drags it out again and files a Petition for Reconsideration the day before their 30 day appeal window was over. That was done at the end of November, and here we are over a year after the first decision was made. I'll never claim MASN is a "defender and advocate of the fans" by any means, but it seems like their only crime here was that they are not affiliated with a cable company or other cable channels. The only leverage they have are the live games they show.
July 2006- FCC approves buyout of Adelphia by Comcast and Time Warner. An arbitration condition was part of the deal because the FCC felt that the huge new companies may try to squeeze independent regional sports networks out of business by refusing to carry them. Both Comcast and Time Warner agree to this condition.
August 2006- Comcast makes the deal with MASN in order to avoid arbitration and having to carry the channel on someone else's terms.
June 2007- MASN demands arbitration after negotiations with Time Warner reach an impasse.
January 2008- Arbitrator rules in favor of MASN, says TWC discriminated in favor of affiliated channels. Time Warner has him disqualified because he spoke publicly about the case while it was active.
June 2008- After first arbitrator was disqualified, a second arbitrator rules in favor of MASN and orders TWC to carry the channel on an analog tier.
July 2008- TWC appeals arbitrator's decision.
August 2008- Due to large amount of evidence, the FCC gives itself another 60 days to rule.
October 2008- FCC Media Bureau orders TWC to carry MASN on an analog tier within 30 days.
Novemer 2008- TWC files Petition for Reconsideration with FCC.
February 2009- still no decision.
When their appeal is denied, I don't know what the next step for TWC will be. I guess they would have to go to an appeals court next, but that court would probably have to give them a stay for TWC to not carry the channel. Given the document that the FCC has made public, I don't see how they could even get a court to hear the case. The FCC really seemed to have every legal angle covered with that decision.
