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Fourth Circuit Rules in Favor of Time Warner Cable
Practices
Paul, Weiss obtained a victory on behalf of Time Warner Cable yesterday, when the Fourth Circuit ruled that Time Warner Cable did not violate the program carriage requirements of the Cable Act when it declined to grant carriage in North Carolina to MASN, the Baltimore Orioles and Washington Nationals regional sports network.
MASN argued that the decision not to carry MASN in North Carolina, part of the home territory of the two baseball teams under Major League Baseball rules, had been made on the basis of prohibited discrimination because Time Warner Cable declined carriage in favor of another regional sports network affiliated with Time Warner.
After two arbitrators ruled in favor of MASN, the Federal Communications Commission reversed, finding that Time Warner Cable made its decision on the basis of legitimate business considerations, including the lack of interest in Orioles and Nationals baseball in North Carolina and the high cost of carrying the network. A unanimous panel of the Fourth Circuit affirmed in all respects.
The Time Warner Cable team included Jay Cohen, who argued the appeal.