Cable, Leased Access Interests Far Apart on Rules Changes

rules update that includes rescinding a 2008 order that never took effect (see Notebook section 1806070021). None of the reasons Congress mandated a set-aside of channels for leasing by programmers unable otherwise to secure a spot on a cable system’s channel lineup still exist 34 years later, NCTA said, saying leased access advocates are ignoring "seismic shifts." It opposed any new leased access rules and said the agency should eliminate requirements on cable system operators. The American Cable Association backs NCTA's call for revisiting the rules on part-time leased access programming and said the FCC should vacate altogether the 2008 leased access order. Charter Communicators also opposed additional leased access requirements. Leased Access Programmers Association (LAPA) President Charlie Stogner said there's no good reason not to institute the 2008 order and said cable arguments about the difficulty dealing with part-time leased access run contrary to the fact, and ad inserts pose the same challenges. LAPA Vice President Duane Polich said the issues that spawned the 2008 order "remain true today," with barriers thrown up by cable operators the reason leased access use by video programmers dwindled. He said despite cable arguments alternative distribution routes are available to such programmers, "the internet is not cable" given the robustness and viewing ease of cable. Citing changed competitive dynamics, the George Mason University Technology Policy Program said the leased access rules "are likely no longer constitutional" because cable no longer has "bottleneck monopoly power" over TV content.