FCC Won't Make Cablevision Carry GSN on Basic During Carriage Complaint Process

The Federal Communications Commission said that it won't force Cablevision to restore Game Show Network to its basic tier while the FCC is vetting GSN's program carriage complaint against the cable operator.

The FCC's Media Bureau, which issued that decision, based it on a four-factor test: "(1) whether the complainant is likely to prevail on the merits of its complaint; (2) whether the complainant will suffer irreparable harm absent a stay; (3) whether grant of a stay will not substantially harm other interested parties; and (4) whether the public interest favors grant of a stay." The FCC said GSN has the burden of proof as the complaining party. "Applying the factors set forth above," the bureau said, "we conclude that GSN has failed to satisfy its burden of demonstrating that interim relief is warranted. The bureau said that GSN "did not demonstrate that it was likely to prevail on the merits of its complaint," but said whether it prevailed or not was based on facts still at issue.