FOR IMMEDIATE RELEASE

Contact: Peggy Keegan, C-SPAN

Tel: (202) 236-1236

pkeegan@c-span.org

CABLE TELEVISION NETWORKS CHALLENGE FCC AUTHORITY ON DUAL MUST CARRY RULE

Lawsuit Makes First Amendment and Fairness Claims

WASHINGTON, DC (FEBRUARY 4, 2008) -- Six national cable television programming companies joined forces today in a legal challenge to a new FCC rule they say violates their First Amendment speech rights and gives local broadcast stations an unfair and illegal advantage over them in securing carriage on cable systems.

In an appeal filed in federal court, the companies -- C-SPAN, Discovery Communications, The Weather Channel, TV One, A&E Television Networks and Scripps Networks -- object to the so-called “dual must carry rule” which will have its greatest effect early next year when all broadcast stations must give up their over-the-air analog signals and replace them with digital signals. The new FCC rule requires almost all cable operators to recreate the analog version of a local broadcast station’s signal and then to devote channel space to carry two versions -- both the analog and digital versions -- for at least the next three years.

The companies claim the FCC’s favoritism to broadcasters not only ignores the public interest value of their programming, but it also violates their First Amendment right to “speak” to cable subscribers when they are forced off, or kept off cable systems because the limited available channel space must be given to broadcasters under the dual must carry rule. They also argue the FCC far exceeded its Congressional authority to regulate programmers, and the rulemaking decision violates the Administrative Procedure Act.

“The Supreme Court has made it very clear that cable programmers have First Amendment rights,” said C-SPAN chairman Brian Lamb, “so it is frustrating to us and the other companies involved in this appeal, that our audiences risk losing our programming and that we have to go to court just to get a fair shake from the FCC.”

The companies’ lawsuit was filed in the U.S. Court of Appeals for the District of Columbia Circuit. Arguments in the case are not expected until the fall.

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C-SPAN is a private, non-profit company created by the cable television industry as a public service. It produces and distributes C-SPAN, C-SPAN2, C-SPAN3 and C-SPAN Radio

Discovery Communications, LLC is a leading global media and entertainment company that provides original and purchased cable and satellite television programming across multiple platforms in the United States and over 170 other countries. Discovery's worldwide networks are led by Discovery Channel, TLC, Animal Planet, Science Channel, Discovery Health and HDTheater. Discovery also develops and sells consumer and educational products and services in the United States and around the world, and operates a diversified portfolio of website properties and other digital services. Discovery Communications, LLC is wholly-owned by Discovery Communications Holding, LLC. Discovery Communications Holding, LLC is privately held by LMC Discovery, Inc. and Advance/Newhouse Programming Partnership.

The Weather Channel, Inc. is focused primarily on providing branded weather information to cable, satellite and other multichannel video service providers. It owns and operates The Weather Channel, The Weather Channel HD, Weatherscan (a local 24x7 weather cable network), The Weather Channel Radio Network, The Weather Channel Newspaper Services and additional VOD and interactive TV products. The Weather Channel is privately owned by Landmark Communication, Inc.

TV One, a venture of Radio One, Inc., provides entertainment, lifestyle and informational programming primarily for African American adults.

A&E Television Networks (AETN), a joint venture of The Hearst Corporation, ABC, Inc. and NBC Universal, is comprised of A&E Network, The History Channel, History International, Bio, The History Channel en español, Military History Channel, Crime & Investigation Network, A&E HD, THC HD, BIO HD, AETN International, A&E IndieFilms and AETN Consumer Products.

The E.W. Scripps Company produces and distributes the Food Network, HGTV, DIY Network, FINE LIVING, and Great American Country (GAC). Scripps Networks is a division of The E.W. Scripps Company.