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Nationals' Chances on Comcast Get a Boost

By Arshad Mohammed and Thomas Heath
Washington Post Staff Writers
Friday, July 14, 2006; Page D01

Federal regulators yesterday took a step that may help resolve a dispute that has kept Washington Nationals games off the region's largest cable network.

The Federal Communications Commission gave the Mid-Atlantic Sports Network, which carries most of the team's games, the right to demand arbitration as part of its efforts to get on the Comcast Corp. system.


Livan Hernandez of the Washington Nationals pitches July 6. An FCC decision strengthens the hand of MASN in its dispute with Comcast.
Livan Hernandez of the Washington Nationals pitches July 6. An FCC decision strengthens the hand of MASN in its dispute with Comcast. (By Jamie Squire -- Getty Images)

The action, part of the FCC's approval of a major acquisition by Comcast, does not guarantee that the 1.3 million Comcast subscribers in the Washington area will be able to see Nationals games, but it dramatically strengthens the hand of MASN.

The FCC gave its blessing to Comcast and Time Warner Inc.'s roughly $17.6 billion deal to buy the assets of Adelphia Communications Corp., which filed for Chapter 11 bankruptcy protection four years ago after an accounting scandal.

The purchase would make Comcast and Time Warner, already the largest cable companies in the nation, even bigger. Under the deal, Comcast would strengthen its presence in the Washington region by acquiring Adelphia's cable systems in Loudoun County.

As it approved the merger, the FCC gave regional sports networks such as MASN the right to demand commercial arbitration if they cannot resolve disputes like the 15-month stalemate between MASN, which is majority owned by Baltimore Orioles owner Peter Angelos, and Comcast, the nation's largest cable company.

Spokesmen from Time Warner and Comcast said they were pleased that the FCC had approved the deal but declined to comment on the conditions imposed.

A lawyer for MASN said the sports network hoped to resume talks with Comcast as soon as possible and would seek arbitration if it could not reach an agreement.

"We would welcome the opportunity to speak with Comcast at the first opportunity to reach a distribution agreement so that arbitration is not necessary," said attorney David Frederick, who represents MASN in the FCC proceeding.

As described by FCC officials, the process would begin with the arbitrator deciding whether Comcast had discriminated against MASN in refusing to broadcast the games. If so, both sides would put forward their best offers and the arbitrator would pick one in a process known as baseball-style arbitration.

The FCC's move may put pressure on Comcast to resolve the matter before it gets to arbitration, where the cable firm would have limited influence over the outcome and could be forced to pay more than it would like to carry MASN.

Rep. Thomas M. Davis III (R-Va.), who had pressured the FCC to address the issue, said he hoped the two sides would work out a deal.


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