By Arshad Mohammed
Washington Post Staff Writer
Tuesday, August 1, 2006; D01

Federal regulators said yesterday that Comcast Corp. may have discriminated against a regional sports television network by refusing to carry the network's broadcasts of Nationals games.

The Federal Communications Commission voted 5 to 0 to allow the Mid-Atlantic Sports Network to choose between an administrative law judge or an arbitrator to settle its conflict with Comcast over airing the baseball games. Comcast's refusal to add the sports network to its stable of channels has kept Comcast's 1.3 million Washington area subscribers from receiving most Nationals games.

The network has until Friday to decide between an arbitrator and a judge, each of whom would have to make a decision within 45 days. The FCC would then have up to 120 days to review the decision. The situation is unlikely to be resolved before the end of this baseball season but could be sorted out in time for next season.

"I wanted to make sure that there was a pretty strict shot clock imposed so that we could have resolution of the matter well before the beginning of next baseball season," said FCC Commissioner Robert M. McDowell, who has pushed the agency to deal with the dispute.

In a 10-page opinion, the FCC said it found that MASN had made a "prima facie showing" that Comcast had discriminated against the network and had "indirectly and improperly demanded a financial interest" in the network in exchange for carrying it. The FCC also said, however, that there were factual disputes on both points that would have to be decided by a judge.

Media lawyers said the FCC's finding shifted the burden to Comcast to prove that it has not broken any of the agency's rules. The lawyers said it was possible that the judge could find Comcast had played by the rules and was justified in declining to carry the network.

MASN has TV rights to most Nationals games, but Comcast so far has not aired its broadcasts, saying the network wants too much money to show them. MASN is owned primarily by the Baltimore Orioles and next season will take over the broadcast of Orioles games from Comcast. Comcast is suing to block that move and in the meantime is refusing to carry Nationals games.

Comcast stuck to its position that it neither discriminated against the network nor improperly demanded a financial interest.

"Our decision with respect to carriage of MASN -- a part time, overpriced network -- is based on the best interest of our customers and not on the ownership interest of MASN," Comcast spokeswoman Jennifer Khoury said in a statement.

A spokesman for the sports network repeated its long-standing demand that Comcast start showing the games immediately.

"The FCC has ruled that MASN has made a compelling case that Comcast has broken the law. Rather than dragging this out and delaying the inevitable, Comcast should . . . turn on the games now," spokesman Todd Webster said in a statement.