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It looks as if no real decision has been made. To me it looked like a hearing of some kind (even if one of the three judges seemed to be doing most of th the talking). I am not an attorney, but I do think this is not necessarily a bad thing - yet. I do agree that this looks far from over. Not having my Rangers in HD yet is terrible.
I'm posting in this thread because I too am interested in the result. Someone posted an account of the oral argument on Feb. 14, 2011 before the United States Court of Appeals for the D.C. Circuit, which can be read here. That suggests that the FCC had a better time of it, but you can't always read into what happens during oral argument. It might read as impenetrable unless you're a lawyer.
I accessed PACER in order to see what was possibly going on, because when the DC Circuit does render an opinion, it'll be published there. If the Court does rule in the FCC's favor, it'll remand to the District (trial) Court, which would hopefully sign an order directing the enforcement of the FCC's decision to permit competing carriers access to their programming.
Anyway, there's no opinion yet, but that's not that odd because it usually takes around 2-3 months for a Circuit court to render an opinion after oral argument (at least in the 2nd Circuit that's the case, not sure about D.C. Circuit's docket). But there have been a few subsequent submissions, namely letters to the Court pursuant to F.R.A.P. Rule 28(j), alerting the Court of decisions in other courts subsequently rendered which have bearing on the outcome of the case before it. The FCC submission is here, and the two Cablevision submissions are here and here.
If you're confused by the first link to the report from oral argument, those letters aren't going to mean much to you. But I figured I'd provide them here anyway in case anyone who cares can view.
I'm still a little surprised at the length of time this has dragged out - I understand the stale mate but it definitely exposes Verizon to lost business. Especially in Western NY where hockey is the MOST IMPORTANT thing and Time Warner is very aggressive. Also, the availability of uncompressed CBC HD (UHF 20 aka 5.1) providing Hockey Night in Canada.
I'm the nut that has a DB8 HD antenna pointed right at the CN Tower (56 miles away) with a 15db quality drop amp providing a GREAT signal..Pulling in a great HD signal at 95% signal strength only reminds me more about what I'm missing with 95% of the Sabres broadcasts.
You'd think Verizon is large enough to wield a sizeable sword but I'm assuming this is still a semi-limited exposure to potential loss of business to TW.
Fios needs to add:
ABC News Now HD
Cartoon Network HD
CBS College Sports Network HD
CNN Headline News HD
FiOS TV Infomation HD
Fox Soccer Channel HD (FSC HD)
Nick 2 HD
Nick Jr. HD
Nick Toons HD
OWN: Oprah Winfrey Network HD (OWN HD)
PBS Kids Sprout HD
SportsNet New York HD
Turner Classic Movies HD (TCM HD)
TV Land HD
TV One HD
Univision HD East
Good to know that I can hook up a good ol' fashion antennae and pick up CBC HD. I used to keep TWC basic only for the CBC/CFTO broadcast, but finally couldn't justify the $12 a month. I may have to add this until the FiOS MSG HD decision.
Be nice to see the Canadian HD channels offered as an add-on. For us WNYers, this is considered local programming.
The 48 page opinion is in! Have not read it yet but it looks promising. The court ruled in favor of the FCC (and Verizon) on all but one of the issues. We'll have to wait and see what role, if any, that this lone issue plays. Lets hope that this all gets sorted out before the start of the NBA/NHL seasons...if there is a 2011-12 NBA season.
SEE: http://www.cadc.uscourts.gov/internet/opinions.nsf (Cablevision Systems Corp. v. FCC 6/10/11)