I forgot to completely address this:What the FCC defines and what a contract defines are two different things.
DirecTV and Dish Network are the first to test the FCC access requirement by "serving notice" to Comcast that they want access to CSN Philly. I believe Verizon won't be far behind with respect to MSG HD. The FCC's access requirement does address that simply providing the SD channel only does not fulfill this requirement, but until someone can:
1) challenge according to the process,
2) win the challenge at the FCC, and
3) withstand any legal challenge overturning the FCC's rulemaking regarding this process...
the channels will not be on systems.
I agree but I never alluded to any contract defining channels as being equivalent. My point was simply that a reasonable inference from a claim made by one of the parties in this dispute (i.e. Disney) is that SD and HD channels are distinct and different. Whether such an inference would have any impact outside of this particular contract dispute is, as you say, highly doubtful. I was merely observing that this is the very same question that is at the heart of the "FCC loophole hearings".