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

  • From: Albert Manfredi <albert.e.manfredi@xxxxxxxxxxx>
  • To: "opendtv@xxxxxxxxxxxxx" <opendtv@xxxxxxxxxxxxx>
  • Date: Sat, 7 Feb 2015 19:34:12 -0500

Craig wrote:

> Wrong. Sling is exactly what the NPRM is about.

Wrong. Sling is nothing like what the NPRM addresses. Sling does not even carry 
the local broadcast stations, must carry or otherwise.

> This is not about forcing anyone to sell their content.

That's precisely what it's about. The NPRM is written precisely to make the 
congloms offer equitable deals to new online middlemen, AND the NPRM 
furthermore tells these new middlemen they have to follow the MVPD rules and 
regulations. The NPRM is only there as a tool for new middlemen to have access 
to material.

> This is not about forcing anyone to sell their content. The program access 
> rules simply state that various classes of MVPDs (cable, telco, DBS, and now 
> VMVPDs) have the right to buy the linear networks that make up MVPD services 
> at 
> non discriminatory prices - IF THEY WANT THOSE CHANNELS.

> There are no regulations forcing the carriage of not broadcast networks.
Craig, you love to argue in circles. Are there regs to force carriage of 
broadcast networks on MVPDs? Yes. It's called must carry. Does Sling do this? 
No. Are there rules for allowing broadcast networks to ask for compensation for 
their signals? Yes. Sling doesn't bother with that either. Are there rules for 
HBO and others to charge equitable terms for all MVPDs? Yes. Content owners are 
supposed to not discriminate.

Sling does not carry any must-carry stations. Sling is not a VMVPD. Period. (As 
you like to say.)

> As will Sling if it wants to offer the broadcast network content, which they 
> have announced they will when the dust settles.

Sorry, Craig, but must carry is must carry. Sling is online. It needs to 
differentiate itself, Craig. Sling's claim to fame is a super cheap 
subscription for ESPN. If they do what you think they will do, suddenly they 
won't be offering anything new or different, at a super cheap price.

>> Of course, Craig. And online, ABC can and does distribute its prime time 
>> content, without local affiliate participation.
>
> After the initial broadcast. They do not offer the live streams delivered by 
> affiliates.

That's up to ABC. If they want to distribute live streams online, the FCC won't 
forbid this, Craig. If ABC wants to remove their content from MVPD nets 
entirely, that's  also up to them. Content owners DO NOT HAVE TO WORRY about 
that NPRM, unless some middleman from out of the blue asks for their content.

Bert                                       
 
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