BY WHAT AUTHORITY DOES THE FCC HAVE THE RIGHT TO STEP BETWEEN TWO PRIVATE CORPORATIONS AND MEDIATE A CONTRACTUAL DISPUTE?
In another example of the overreach of the federal government into the private affairs of corporations and individuals, we see that the Acting FCC Chairwoman, Mignon Clyburn commenting on the contractual dispute between CBS and Time Warner Cable.
As reported in various media sources …
"Quite frankly I am deeply disappointed that the parties seem to be unable to reach a retransmission agreement," she said. "I am really distressed that consumers and viewers are being adversely affected and my primary concern remains with them. We will continue to urge both parties to stay and resolve in good faith this issue as soon as possible."
"I'm ready to consider appropriate action if this dispute continues."
"The commission is actively monitoring the status of this particular dispute, and is in touch with both parties," Clyburn said.
Feelings versus facts …
The Federal Communications Commission was established to allocate broadcast frequencies, set technical standards, insure that equipment and personnel did not adversely affect the broadcasting system, and to license stations and operators. There is no authority to engage in social engineering or to set aside contractual legal relationships between parties.
But like all progressive socialist democrats. Clyburn is all about feelings, appearances and perceptions …
Mignon L. Clyburn is currently serving as Acting Chairwoman of the Federal Communications Commission, following her appointment by President Barack Obama on May 20, 2013. As Commissioner, she is serving a second term as a Democrat on the Commission, for which she was sworn in on February 19, 2013 following her re-nomination by the President and confirmation by the United States Senate.
Clyburn began her service at the FCC in August, 2009, after spending 11 years as a member of the sixth district on the Public Service Commission (PSC) of South Carolina. She served as its chair from July 2002 through June 2004.
Prior to her service on the PSC, Clyburn was the publisher and general manager of The Coastal Times, a Charleston-based weekly newspaper that focused primarily on issues affecting the African American community. She co-owned and operated the family-founded newspaper for 14 years.
A longtime champion of consumers and a defender of the public interest, Commissioner Clyburn considers every Commission proceeding with an eye toward how it will affect each and every American. She is a strong advocate for enhanced accessibility in communications for disabled citizens, and works closely with representative groups for the deaf and hard of hearing. She has fought to promote strong competition across all communications platforms, believing that the more robust and competitive the marketplace, the less need there is for regulation. However, when the market is not adequately addressing consumer concerns, Clyburn is an outspoken champion for smart, targeted regulatory action. She has pushed for media ownership rules that reflect the demographics of America, affordable universal telephone and high-speed internet access, greater broadband deployment and adoption throughout the nation, and transparency in regulation. Commissioner Clyburn is a member of the Federal-State Joint Board on Universal Service, Federal-State Joint Board on Separations, and the Federal-State Joint Conference on Advanced Services, all of which she chaired for three years during her first term at the FCC.
Clyburn is a graduate of the University of South Carolina, and holds a Bachelor of Science degree in Banking, Finance and Economics. She is the daughter of the powerful NC Representative Jim Clyburn, the third-ranking Democrat in the House behind House Minority Leader Nancy Pelosi and Minority Whip Steny Hoyer.
Bottom line …
We continue to see the illegal usurpation of Congressional power by Executive Branch agencies and commissions. Clearly the FCC has no power to intervene in a private dispute between parties. Unlike labor disputes, where the Department of Labor can step in to mediate labor disputes, all the FCC can do is huff and puff.
Personally, I believe that CBS is every bit as dishonest and disingenuous as Time Warner Cable; expecially after their interference in the selection of a best of show product and other alleged manipulation of CNET in the CES (Consumer Electronic Show) "Hopper" issue.
In the final analysis, the consumers will decide the course of action. They will quit Time Warner Cable and turn to other delivery modalities such as content delivered over the Internet or via Satellite. Or the consumers will do nothing, leaving CBS to decide whether or not their advertisers are demanding broader cable coverage. It is a free market decision that should not involve the government.
-- steve
“Nullius in verba”-- take nobody's word for it!
"Acta non verba" -- actions not words
“Beware of false knowledge; it is more dangerous than ignorance.”-- George Bernard Shaw
“Progressive, liberal, Socialist, Marxist, Democratic Socialist -- they are all COMMUNISTS.”
“The key to fighting the craziness of the progressives is to hold them responsible for their actions, not their intentions.” – OCS "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius “A people that elect corrupt politicians, imposters, thieves, and traitors are not victims... but accomplices” -- George Orwell “Fere libenter homines id quod volunt credunt." (The people gladly believe what they wish to.) ~Julius Caesar “Describing the problem is quite different from knowing the solution. Except in politics." ~ OCS