This case could have huge implications
Maine's cable a la carte law challenged in court
If the law is upheld, Maine would become the first state in the country to require à la carte cable selections.
That would explain the phalanx of lawyers sitting in Portland’s federal courtroom Friday when the measure came before Torreson. Ten companies have signed on as intervenors or offered friends of the court briefs in the Comcast case.
A lawyer representing Comcast told Torreson on Friday that the law would limit choices and lead to higher prices for consumers. Matthew Brill said that channels with more limited viewership would likely fold or no longer provide programming in places with à la carte systems. That would allow the more popular channels to raise prices for their programming, he said.
The Maine law “seeks to alter, fundamentally, the way cable service is provided,” Brill said. “It would upend the economics of this industry.”
But Torreson replied that it appeared to her that “the state is trying to get a better deal for customers.”
Brill said that federal rules appear to bar states and localities from imposing such restrictions on cable companies, and also said that the law would trample the cable company’s First Amendment rights to “editorial control” over what programming it offers and how it structures cable offerings.
But Christopher Taub, representing the state, told Torreson that Comcast was trying to cloak business decisions in the Constitution.
“They’re saying they have a First Amendment right to require that if a customer wants CNN, they also have to buy HGTV,” he said.
The Maine Association of Broadcasters, the National Association of Broadcasters and the Motion Picture Association have all filed briefs in support of Comcast’s challenge to the Maine law.
Suzanne Goucher, president and chief executive officer of the Maine broadcasters, said her organization’s concern is that the Maine law doesn’t exempt the basic tier of cable service, which includes local broadcast stations, from the à la carte requirement. Federal rules require cable companies to provide the basic tier as part of all cable packages.
If customers can pick and choose among local stations, she said, the concern is that they might pick only one, weakening financial support for the others.
Cable companies want judge to pause new Maine law requiring à la carte channel choices
Maine's cable a la carte law challenged in court
If the law is upheld, Maine would become the first state in the country to require à la carte cable selections.
That would explain the phalanx of lawyers sitting in Portland’s federal courtroom Friday when the measure came before Torreson. Ten companies have signed on as intervenors or offered friends of the court briefs in the Comcast case.
A lawyer representing Comcast told Torreson on Friday that the law would limit choices and lead to higher prices for consumers. Matthew Brill said that channels with more limited viewership would likely fold or no longer provide programming in places with à la carte systems. That would allow the more popular channels to raise prices for their programming, he said.
The Maine law “seeks to alter, fundamentally, the way cable service is provided,” Brill said. “It would upend the economics of this industry.”
But Torreson replied that it appeared to her that “the state is trying to get a better deal for customers.”
Brill said that federal rules appear to bar states and localities from imposing such restrictions on cable companies, and also said that the law would trample the cable company’s First Amendment rights to “editorial control” over what programming it offers and how it structures cable offerings.
But Christopher Taub, representing the state, told Torreson that Comcast was trying to cloak business decisions in the Constitution.
“They’re saying they have a First Amendment right to require that if a customer wants CNN, they also have to buy HGTV,” he said.
The Maine Association of Broadcasters, the National Association of Broadcasters and the Motion Picture Association have all filed briefs in support of Comcast’s challenge to the Maine law.
Suzanne Goucher, president and chief executive officer of the Maine broadcasters, said her organization’s concern is that the Maine law doesn’t exempt the basic tier of cable service, which includes local broadcast stations, from the à la carte requirement. Federal rules require cable companies to provide the basic tier as part of all cable packages.
If customers can pick and choose among local stations, she said, the concern is that they might pick only one, weakening financial support for the others.
Cable companies want judge to pause new Maine law requiring à la carte channel choices
