[opendtv] Re: U.S. NEEDS A CLEAR PICTURE OF WIRELESS

  • From: "Dale Kelly" <dalekelly@xxxxxxxxxxx>
  • To: <opendtv@xxxxxxxxxxxxx>
  • Date: Wed, 13 Jan 2010 14:44:26 -0800

When Broadcasters purchase syndicated programming the contract provides for Market Exclusivity where-in no other outlet can air that program within the specified market(s).

Perhaps MVPDs have some such exclusivity.

----- Original Message ----- From: "Manfredi, Albert E" <albert.e.manfredi@xxxxxxxxxx>
To: <opendtv@xxxxxxxxxxxxx>
Sent: Wednesday, January 13, 2010 8:43 AM
Subject: [opendtv] Re: U.S. NEEDS A CLEAR PICTURE OF WIRELESS


Craig Birkmaier wrote:

I have no doubts that broadcasters would love to get their
hands on this content, especially if they could cut the deal
you would like to offer them. And the MVPDs have not the
slightest inclination to make this content available to
broadcasters, as it can only undermine their business model.

But the MVPDs are not usually the content owners. I'm not sure how this stuff works legally, but there is something called "restraint of trade," isn't there?

Let's say that an ABC affiliated OTA station group wants to carry, for instance, ABC Family (or other ABC-owned content only now seen over MVPDs, and pay ABC a similar per-household fee as the MVPDs pay. I picked this example only because I don't think that ABC runs any MVPDs. I don't see how ABC can deny the request. I don't see how MVPDs are allowed to collude with ABC, to prevent that content from being bought at fair market value.

Bert


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