Media Bureau order clears way for Toledo stations to exert local network exclusivity

September 1, 2010

The FCC Media Bureau issued two orders on Aug. 27 finding that Detroit stations WXYX and WJBK-DT no longer are significantly viewed in Toledo, OH, and granted two Toledo stations network exclusivity rights on cable and satellite systems in Toledo.

Buckeye Cablevision, the cable TV operator in Toledo carrying the Detroit stations, opposed the move, while the two Toledo stations WTVG-DT, an ABC affiliate, and WUPW-DT, a FOX affiliate, sought a waiver of network exclusivity for the Detroit stations in Toledo.

Buckeye opposed the petitions of the Toledo stations, saying their petitions were flawed, contrary to commission rules, and that complying with the waivers would be technically infeasible due to the cost involved.

However, the Media Bureau denied to stay the petition and concluded the cable operator failed to satisfy its burden of proof that a stay was warranted.

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