[opendtv] Re: Retransmission Reform Reply Comments Due Today
- From: "Manfredi, Albert E" <albert.e.manfredi@xxxxxxxxxx>
- To: "opendtv@xxxxxxxxxxxxx" <opendtv@xxxxxxxxxxxxx>
- Date: Tue, 28 Jun 2011 16:25:25 -0500
Craig Birkmaier wrote:
> Sometimes Bert makes connections that no one else can see...
>
> What does the ability to deliver out of market duplicated content
> during a carriage dispute have to do with station ownership caps?
Thanks, Craig, I'll take that as a compliment! No one else objected, though, so
I figure they got it.
If the (presumably nationwide) MVPD is allowed to make use of any source of,
say, ABC network content, instead of being confined to using a local ABC
station, then why shouldn't ABC OTA stations be allowed to do the same thing?
Why can't one company own all local ABC stations and use the same bitstream
anywhere in the country? The mantra about "different points of view" completely
falls apart here, if the MVPDs don't need to worry about it, eh? The local caps
already take care of "multiple points of view."
> The ability to deliver the content that a local station is
> "holding hostage," essentially neuters any advantage a local
> station may have in a retrans consent battle. If anything,
> subscribers may learn that they really don't care at all about
> localism - all they really want is the national network content
> or access to a syndicated program.
OTA users are no different. That's my point. Efficient operations result from
economies of scale. Just like HBO can use the same bitstream all over the
country, there's no reason why you can't do the same thing with network
content. If it's okay for Scripps to control HGTV and the Food Network over any
MVPD it chooses, to block it if it so desires, then it should be okay for one
entity to have that same control of content from a network.
> IF a network owned all it's stations they would have NO INCENTIVE
> to grant this permission during a retrans battle.
Not true. No network would want to keep its content away from everyone. People
would soon turn elsewhere. Apply the same rules to cable channels, then, and
break them up.
> I can assure Bert that the broadcasters will do everything in
> their power to block any attempt by the FCC to allow the
> importation of duplicate content during retrans disputes.
*IF* the national caps were lifted, I'll bet you are wrong on this. E.g., if
all NBC stations could be O&Os, then there would be no issue of "importation."
Ditto if a non-O&O station group were allowed to affiliate itself with a
network, all over the country.
> It's not that easy. In most cases their franchise agreements
> require that they carry all local broadcasters in their most basic
> tier. And the FCC may require this as well.
I don't think there are any requirements that the MVPD must provide a retrans
consent channel to every subscriber. If you look through this:
http://www.fcc.gov/guides/cable-carriage-broadcast-stations
all I see about "guaranteed carriage" is this: "Must-carry stations are
generally guaranteed carriage on the cable system on a preferred channel
number." It goes on to say that the channel number may be negotiated anyway.
And no mention of guarantees of any kind for retrans consent. I think that is
up to negotiation. MVPDs have the cards here.
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.
Other related posts:
