[opendtv] Re: FierceWireless: How Charlie Ergen turned a satellite TV provider into a spectrum powerhouse, and what he might do next

From: "Manfredi, Albert E" <albert.e.manfredi@xxxxxxxxxx>
To: "opendtv@xxxxxxxxxxxxx" <opendtv@xxxxxxxxxxxxx>
Date: Wed, 11 Feb 2015 02:18:10 +0000

Craig Birkmaier wrote:

> Section 602 (13) of The Communications Act of 1934 (as amended
> by the Telecommunications Act of 1996) defines an MVPD as
> a person such as, but not limited to, a cable operator, a
> multichannel multipoint distribution service, a direct broadcast
> satellite service, or a television receive-only satellite
> program distributor, who makes available for purchase, by
> subscribers or customers, multiple channels of video
> programming.
>
> This does not describe a service that offers a library of
> programming accessible on demand.
>
> It does not describe a service that sells or rents individual
> shows or a complete season of a series.
>
> The term describes services that deliver multiple streams of
> linear video for a fee.

*No*, Craig. What it describes is a one-way broadcast pipe, to multiple receive 
points, over multiple channels. It says **NOTHING** about content, libraries, 
or other flights of fancy you have. And the Internet does not qualify as such a 
network. So now we have to figure out whether a particular OTT site resembles 
what MVPD traditional service and constraints have turned out to be. And Sling 
TV, just like Hulu and others, DO NOT.

>> You are incorrect. The NPRM was not designed for any "by
>> invitation only" middleman service. It was written for the
>> opposite of that scenario.

> Wow. I'm incorrect, then you agree with what I wrote.

No again. You claimed the NPRM applies to Sling TV. It does NOT. At least, not 
in the current incarnation. Sling TV is not some new middleman out of the blue 
wanting access to content.

> They never have had to rely on MVPDs.

They had to rely on MVPDs for anything but the small number of channels 
available OTA.

> Because you frequently choose to ignore the reality that the
> real power here is the licenses and the conditions that are
> attached.

SO WHAT? We aren't talking about that. We are talking about different content 
owners behaving differently now that they have Internet possibilities. They do 
not operate as an oligopoly when the distribution medium provides true 
competition.

Bert

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[opendtv] Re: FierceWireless: How Charlie Ergen turned a satellite TV provider into a spectrum powerhouse, and what he might do next

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