The 2nd Circuit Court of Appeals partially granted a challenge by Time Warner Cable and NCTA of the FCC’s program carriage dispute resolution process. While the court rejected cable’s First Amendment challenge to the program carriage regime, it concluded that the challenged standstill rule was not promulgated in accordance with the Administrative Procedure Act.
The court vacated the FCC Order’s standstill rule without prejudice to the FCC for pursuing promulgation consistent with the APA.
TWC and NCTA challenged the FCC’s program carriage dispute resolution process in 2011. The standstill provision went into effect in Feb 2012. Under it, a programmer filing a carriage complaint may also file a petition requesting a temporary standstill of price, terms and other conditions of the existing contract.
More details in tonight’s CableFAX Daily.

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