The Federal Communications Commission (FCC) reversed last year?s orders fining Time Warner Cable and Cox Communications for moving channels from broadcast to switched digital video (SDV) lineups, which made the content unavailable to certain CableCard devices, including TiVo DVRs.

The FCC announced its new position last Friday, June 26. It originally filed its notice to fine the two MSOs?who petitioned for reconsideration?in October 2008. With one exception, the FCC vacated their ruling ?in its entirety.?

In its official explanation (FCC 09-52) the FCC noted the ?the potential consumer benefits of SDV deployment, and other factors that limit the potential scope for consumer disruption.?? What the FCC affirmed was the finding against Time Warner that moving programming to a switched lineup was a ?change in service? that required ?a 30-day advanced written notice to the relevant local franchise authority.?

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Effros: The More We Change

Folks get it these days; the price for video entertainment is going to continue to go up. It has to. The theory that competition was going to force the desired multiple players to compete on price has always been wrong.

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