Dish, CNZ in Must-Carry Fight in Alabama

The Communications Act is clear, and Dish Network responses to CNZ Communications' must-carry complaint are effectively asking the FCC Media Bureau "to stand on one foot, put on a pair of oversized sunglasses, and spin around five times, to try to find a different meaning," CNZ said Monday in docket 12-1. In its December complaint, CNZ, the licensee of WGBP-TV Opelika, Alabama, urged the agency to compel carriage in the Columbus-Opelika and the Atlanta designated market areas. In its answer last week, Dish said the rules give WGBP the power to elect mandatory carriage in the entire Columbus DMA -- the DMA containing its community of license -- or in the Atlanta DMA plus the county in the Columbus DMA incorporating WGBP's community of license, but that Dish isn't obligated to carry the station through two entire DMAs. Nielsen assigns the station to the Atlanta DMA. Mandatory carriage requirements have never extended to full DMAs, Dish said. In its response Monday, CNZ said the bureau in a must-carry complaint brought against DirecTV made clear that the station could assert mandatory carriage rights in the Atlanta and Columbus markets. It termed meritless Dish's concerns that a requirement for the station to be carried through the Columbus DMA would result in a deluge of similar requests from other stations. The Media Bureau denied the DirecTV must-carry complaint (see 2201050031).