According to multiple sources, the Federal Communications Commission is proposing to undo the current ban on exclusive contracts between vertically integrated distributors and their co-owned programming networks. However, the deals that keep regional sports networks from competitors would remain presumptively out of bounds. FCC chairman Julius Genachowski is expected to get enough votes to approve the order. At presstime last week, commission aides were still poring over the chairman's proposal to sunset the prohibition and taking meetings with concerned parties. The order, which was circulated late on the Friday before Rosh Hashanah, took many by surprise, both inside and outside the commission, according to FCC sources. The National Cable & Telecommunications Association was not commenting on the draft order, but it had petitioned the FCC to sunset the provision. No doubt, smaller cable operators represented by the American Cable Association will be less happy. The ACA was not commenting either last week, but it had argued that the ban was needed so members could continue to have access to must-have programming such as the regional sports networks.
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