• Broadcasting & Cable, Wednesday, October 24, 2007 11 AM

The National Conference of State Legislators has taken sides with cable giant Comcast on the issue of the Federal Communications Commission leaving exclusive contracts for cable service in apartments and condos up to the market, saying any attempt to ban them on a federal level would infringe state sovereignty.

In a letter sent to FCC chairman Kevin Martin, Maryland state Sen. Delores Kelly, chair of the communications committee for the NCSL, writes that such a ban would be "unwarranted presumption of state authority." The Baltimore County Democrat adds that her group "respectfully requests that you refrain from adopting any administrative order."

Kelly notes that any such ban would likely be fought over in the courts for years and any attempt to "pre-empt state treatment of existing contracts" would be unwelcome. Earlier this month, Martin said he circulated an order to the other commissioners that would disallowing the exclusive contracts, which he says lead to higher prices and less choice for subscribers -- and which disproportionately affect minorities.

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