Time Warner Cable urged FCC to issue actual ruling on last- min. ...
Time Warner Cable urged FCC to issue actual ruling on last- min. bid by Gemstar-TV Guide International to withdraw its petition for special relief in bitter cable must-carry battle. Gemstar filed its intent Wed. to withdraw petition immediately, after…
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conceding that Commission was poised to rule against it in struggle over cable carriage of its electronic program guide (CD April 12 p3). Gemstar also sought to have petition dismissed “without prejudice as a matter of right,” permitting it to file new petition later if it wanted. But Time Warner Cable, now unit of AOL Time Warner, argued that FCC had discretion to dismiss or not dismiss as it chose. NCTA, which had filed comments in support of MSO’s stance, said Gemstar “apparently concluded that it has overreached in its request for government intervention.” Arguing that cable operators “are not required to subsidize the launch of new businesses by broadcasters nor third-party vendors,” NCTA said “marketplace negotiations, rather than the threat of government regulation, already provide a mechanism for companies such as Gemstar to work with cable operators.”