[opendtv] Re: FCC R&O on MVPD program sources

  • From: Craig Birkmaier <craig@xxxxxxxxx>
  • To: opendtv@xxxxxxxxxxxxx
  • Date: Fri, 22 Jan 2010 07:52:41 -0500

At 5:06 PM -0600 1/21/10, Manfredi, Albert E wrote:
Craig Birkmaier wrote:

 As for terrestrial broadcasters having access to this content,
 I'm sure they would find a way...

Are you sure of this, Craig? I thought that there are "exclusive rights" clauses of one type or other, favoring MVPD distribution of certain cable channels?


Generally speaking exclusive contracts are completely legal. The DirecTV NFL Sunday Ticket is a very good example.

But the FCC does have some power to force these contracts open, and it appears that this is what they were trying to do with this ruling. This is especially true for overbuilds, which would be irrelevant if the overbuild company could not gain access to the same content.

Whether terrestrial broadcasters could find a way or not is largely irrelevant. They cannot afford this content, and do not have a means by which to deliver it to a small group of "subscribers."

Regards
Craig


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