Comcast Challenging Liberman Petition for Recon
Liberman Broadcasting's petition asking the FCC Media Bureau to revisit its August rejection of a carriage complaint against Comcast (see 1609260049) "is nothing more than a rehash" of the same arguments it already made to the bureau, the cable operator…
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said in an opposition posted Friday in docket 16-121. Liberman's petition doesn't include new facts that have come to light since it filed its reply, any intervening change in law or any other error or omission that would warrant reconsideration, Comcast said, saying the bureau "routinely dismisses petitions for reconsideration that are based on nothing more than an attempt at a second bite at the apple." Beyond that, Comcast said, the petition fails on its merits, with the bureau recognizing that separate regulatory systems oversee cable-TV network carriage and retransmission consent and must-carry rights for stations. The operator disputed the broadcaster's argument that the bureau ignored allegations about Comcast refusing to provide Liberman's Estrella TV broadcast network with "white area" carriage, since Liberman could bring such a complaint though such assertions "are both untimely and wrong." Liberman in a statement Tuesday said, “Nothing in Comcast’s reply changes the plain language of the statute or FCC precedent, which clearly show that broadcasters, including [Liberman], are video-programming providers and, therefore, the Media Bureau’s dismissal of [Liberman's] complaint against Comcast on grounds of standing was incorrect as a matter of law.”