[opendtv] Re: Broadcasters Ask Supreme Court to Intervene Over Aereo

  • From: Craig Birkmaier <craig@xxxxxxxxxxxxx>
  • To: opendtv@xxxxxxxxxxxxx
  • Date: Mon, 14 Oct 2013 13:59:19 -0400

On Oct 14, 2013, at 1:10 PM, Mark Schubin <tvmark@xxxxxxxxxxxxx> wrote:
> It's either/or:  They can opt for mandatory retransmission, in which case 
> they don't get paid, or they can choose to negotiate a retransmission fee, in 
> which case, if the MVPD doesn't like it, they go off the that system (see CBS 
> v. Time Warner Cable earlier this year).

Mark is correct that a small percentage of broadcasters do not have the pull 
through demand to force MVPDs to pay retrains consent fees. But ALL of the 
major networks DO have a small percentage of programming that is in high 
demand, and retrains negotiations almost always end when those high demand 
programs are blocked. The CBS/Time Warner blackout in New York ended just as 
the College and Pro Football seasons began…

You don't see many sporting events on Hulu or the broadcast network sites…

On the other hand, the Watch ESPN App provides access to many events that I do 
not get via my cable subscription, as I don't pay extra for ESPN3 and ESPNU. It 
is interesting, however, that some events still have geographic blocking, no 
doubt because of rights agreements.

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