Lawmaker Urges FCC to Take Action to Protect Consumers, Cites Open Internet Implications of FOX Blocking Cablevision Broadband Subscribers from FOX Content Online

WASHINGTON, D.C. – Representative Edward J. Markey (D-Mass.), former Chairman and current senior member of the Energy and Commerce Communications, Technology and the Internet Subcommittee, today sent a letter to Federal Communications Commission (FCC) Chairman Julius Genachowski to urge the FCC to bring News Corp. (FOX) and Cablevision together to broker an agreement to resolve the ongoing retransmission dispute between the two parties.  When the two sides failed to reach agreement last night, approximately three million Cablevision subscribers in New Jersey, New York and Connecticut were left without access to WNYW (New York’s Channel 5), WWOR (New Jersey’s Channel 9) and WTXF (Philadelphia’s Channel 29) and the local news, sports, and other programming they offer.  Media reports indicate that FOX also has cut off access for Cablevision broadband subscribers’ to its shows on Hulu, the online joint venture video site.
In his letter today, Rep. Markey said: “I make no representations as to the merits of either side's position, as these are contractual discussions between private parties, and I encourage both parties to remain engaged in good faith negotiations.  However, as the primary House author of the Cable Act of 1992, which included the retransmission consent provision in the law, in addition to monitoring the ongoing commercial negotiation by the parties, the Commission's broader public interest role requires the agency to take regulatory note of the unique circumstances in the New York area.”

Rep. Markey also expressed his concern about reports that access to Internet-based video from FOX is being blocked selectively for Cablevision broadband customers.

“This is not only contrary to the Commission's Broadband Internet Policy Statement of 2005, which states, in part, that ‘...consumers are entitled to access the lawful Internet content of their choice’,” Rep. Markey said.  “The tying of cable TV subscription to access to Internet fare freely available to other consumers is a very serious concern.  Consumers are losing their freedom to access the Internet content of their choice - through no fault of their own - and this is patently anti-consumer.

“The FCC needs to more than monitor negotiations in such circumstances in my view.  It needs to actively defend Internet freedom and consumer rights,” Rep. Markey concluded.

 A copy of the letter can be found HERE .