[opendtv] Re: Broadcasters Lobby FCC for Cross-Ownership and Duopolies

  • From: Tom Barry <trbarry@xxxxxxxxxxx>
  • To: opendtv@xxxxxxxxxxxxx
  • Date: Sat, 24 Jul 2010 01:08:19 -0400

Manfredi, Albert E wrote:
> Dan Grimes wrote:
>
>   
>> There are strong difference between cable, DBS and OTA that
>> affect how much the FCC can control.  I had always thought
>> that the airwaves were considered to be publicly owned and
>> the FCC regulated them in the public interest.  That is very
>> different than a closed system such as a cable or fiber
>> system that is privately owned and/or franchised.  I always
>> thought DBS is more like OTA broadcast from a physical
>> standpoint but seems to enjoy the attributes of cable.
>>     
>
> I do agree with this, Dan. DBS and OTA are more comparable. And also, DBS 
> enjoys the same perks as cabled systems, not OTA systems.
>
> But the FCC can't hide its head in the sand either. The reality of today is 
> that the vast majority of people use these MVPDs for news and entertainment, 
> rather than OTA broadcast networks. Therefore, given this fact of life, it is 
> uncalled for to put what amounts to destructive limitations ONLY on the FOTA 
> broadcasters. And to use what amounts to irrelevant rhetoric to support their 
> position.
>
> Realities matter too. The FCC is grabbing spectrum from broadcasters using 
> "reality of today" as the excuse. Therefore, we must conclude that the FCC 
> understands the concept of reality of the marketplace. Rules for OTA pipes 
> must be modernized.
>
> But okay, if need be, let's see them putting 39 percent national caps on DBS. 
> We'll start there.
>
> Bert
>  
It might be silly to have 39% caps when there are only 2 players in the
space.   But it might be even sillier to continue to have anti-monopoly
caps on a media distribution channel relied upon by < 10% of households
and shrinking.  It is hard to imagine anybody will care 20 years from now.

- Tom
 
 
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