ESN Slams Early FCC Deadline on Charter Sunset Request

FCC failure to extend the comment cycle on Charter's request for a May sunset of conditions from its buy of Time Warner Cable and Bright House (see 2007090009) could prevent Entertainment Studios Networks from providing evidence of Charter’s “propensity to discriminate” on race, said ESN in a letter filed Friday in docket 16-197. ESN wants the comment deadline postponed until Aug. 18. ESN seconded Newsmax’s arguments that the original transaction order requires the August date. “ESN intends to file detailed information about Charter’s stated desire to make business decisions in discriminatory ways, not just based on economics, but on race and ethnicity.” The letter noted evidence raised in ESN's lawsuit against the cable provider of alleged statements from Charter personnel telling African American protesters to “get off welfare” and allegations Charter CEO Tom Rutledge “refused to engage with ESN’s African American CEO, Byron Allen, referring to Allen as 'Boy' and telling Allen that he needed to change his behavior.” If the FCC allows Charter to discriminate in interconnection agreements, “what would prevent Charter from exercising that discretion to the detriment of African-American, Latinx, Asian, or other minority-owned businesses,” ESN asked. “Decisions on which networks to carry are based on business considerations, such as cost, quality and uniqueness of content, and ongoing customer demand. Race played no role whatsoever in our programming decision regarding these networks and we will continue to vigorously defend against these false claims,” emailed a Charter spokesperson. "Charter offers programming services produced by minority-owned companies, including several owned by Byron Allen."