Speak of the devil, this just out: http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-169A1.pdf In short: "In this Order, we find that the exclusive contract prohibition continues to be necessary to preserve and protect competition and diversity in the distribution of video programming, and accordingly, retain it again for five years, until October 5, 2012." Which means, same restrictions as before, on exclusive contracts between content providers and a MVPD. "[t]he competitive landscape of the market for the distribution of multichannel video programming has changed for the better since 1992. The number of MVPDs that compete with cable and the number of subscribers served by those MVPDs have increased significantly. We find, however, that the concern on which Congress based the program access provisions - that in the absence of regulation, vertically integrated programmers have the ability and incentive to favor affiliated cable operators over nonaffiliated cable operators and programming distributors using other technologies such that competition and diversity in the distribution of video programming would not be preserved and protected - persists in the current marketplace." This stuff addresses the MVPDs only. OTA broadcasters are already competitive on their OTA medium. Using the same arguments they make here, OTA broadcasters can be allowed exclusive agreements with content providers. But the problem with OTA is that these content providers get paid more if they use the MVPDs. Craig's approach is to create a similar local monopoly in OTA as we have with the MVPDs. Mine is to go the other way. Since it is impractical to have competition among cable systems in any given location, perhaps it is in these cable systems that "content and carriage" need to be strictly separated. Bert ---------------------------------------------------------------------- You can UNSUBSCRIBE from the OpenDTV list in two ways: - Using the UNSUBSCRIBE command in your user configuration settings at FreeLists.org - By sending a message to: opendtv-request@xxxxxxxxxxxxx with the word unsubscribe in the subject line.