Gemstar-TV Guide International Inc. wants to revive its
dispute with Time Warner Cable over the cable operator's decision to strip Gemstar's electronic program guide embedded in local TV signals carried on
cable.
In December, a unanimous Federal Communications Commission concluded that Time Warner was entitled to strip
Gemstar's EPG under federal laws and rules associated with mandatory cable
carriage of local TV signals.
The FCC sided with Time Warner after concluding that Gemstar's service --
which included programming information on numerous cable-system channels, along
with promotions and advertising -- was not sufficiently tailored to the show
being viewed to be accorded mandatory cable carriage.
On Monday, Gemstar asked the FCC for reconsideration on the basis that the
agency needs to engage in "a far more dynamic reading of the law -- one that
would allow broadcasters to reach consumers with information about their present
and future programming."
Gemstar warned that if cable operators were empowered to strip its EPG,
manufacturers would cease to install decoding circuitry in their TV sets.
As a result, broadcast-only households -- the very ones that the must-carry
law was meant to protect -- will be left without electronic programming guides,
Gemstar said in a 24-page petition.
