Game Show Network will be allowed to gather...
Game Show Network will be allowed to gather evidence to show whether Cablevision would have received a financial benefit from carrying the network on a more widely available tier, ruled FCC Administrative Law Judge Richard Sippel in an order filed…
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Thursday (http://bit.ly/1nemHxF). GSN had argued that the U.S. Court of Appeals for the D.C. Circuit Comcast v. FCC program carriage decision had established a new standard for similar cases, while Cablevision had argued that GSN doesn’t need additional discovery. GSN “must have full opportunity to discover evidence relevant to meeting its burden” of proof, said the order. GSN’s argument that the Comcast decision created a new test for program carriage cases is the same argument Tennis Channel is using in its ongoing push to have the FCC take up its program carriage case against Comcast again (CD March 12 p24). That case is the same one at the heart of Comcast, and Tennis Channel is also asking for permission to gather evidence to meet the D.C. Circuit’s standard. GSN and Tennis Channel are both represented by Covington Burling attorney Stephen Weiswasser.