The FCC locals and implementation

[Brett]

<<DONE WITH THIS THREAD>>

Answer to Scott Cooper (who will ignore this because I proved him wrong):

http://www.cohnmarks.com/WhatsNews/carriageelectionreminder.htm

"This procedure differs from those governing election for carriage on cable television systems. In the cable context, if a TV station fails to make a timely election, it is nevertheless deemed a must-carry by default. "

[TNGTony]

Brett,

I'm not certain, but I'm retty sure this ruling delt with distant network channels. The SHVIA with is the law the FCC has to enforce is pretty clear that the local into local packages MUST be sold as a package and must be on adjacent channel numbers.

See ya
Tony

[scooper]

Actually Brett - cable has the same rules regarding "Re-Trans Consent / Must Carry". I suppose you didn't hear about what happened when Time Warner and Disney had a spat a couple years ago - my local ABC is an O&O, and they most certainly WERE pulled from cable for a short time. It was pressure from the customers that got both companies talking again.

[scooper]

Brett - you AREN'T understanding how Re-Transmission Consent / Must Carry election works - for both cable AND DBS.

At the start of the cycle, each station must decide whether they want ReTransmission Consent OR Must Carry. Typically, a Big 4(to 6) station will ask for ReTrans, figuring they can cut some deal with te cable / DBS provider. PBS stations can't do Re-Trans - they do Must Carry, as would most smaller stations. Must Carry status also means the Station is required to bear any/all costs in providing a "Quality" signal to the providers POP / head end.

The big hitch on a station selecting ReTrans Consent - if the 2 parties can't come to an agreement, the station CAN NOT decide to switch to Must Carry - they are stuck until the next cycle. So, it could indeed mean that the station won't be on that provider until the next cycle.

[JohnH]

Both providers have chosen not to sell local stations ala carte for good reasons, I'm sure. Not the least of which is they can get $5.99 for the same expenditure as they could get for your $.85.

[scooper]

I think you need to look into that more on the Time-Warner/ WABC situation, because cable has the same rights as DBS (or rather, that should be stated - DBS has the same rights as cable). The DBS / cable company cannot arbitrarily decide to drop a station - there had to be something else. If negotiations failed, then the reseller CAN temporarily stop, but usually the station gives permission for retrans while negotiations are continuing - if TWC stopped WABC under such permission - then TWC deserved such a fine.

[Greg Bimson]

ALTV asked the FCC to require satellite carriers to offer local television stations tosubscribers only as a unitary package. The FCC affirmed its original decision to allow satellite carriers to offer local stations either on an individual "a la carte" basis or as one package. The FCC concluded that this flexible approach is consistent with the statute and promotes consumer choice in programming.I believe that ALTV was trying to force a locals package into the lowest tier of programming on DBS.

It isn't that you can purchase each station separately; you can purchase all of your locals separate from programming packages.

As to that old Time Warner and ABC O&O fiasco, Disney did give Time Warner another extension. Time Warner was sick of it all, so they didn't sign another 11th hour extension, and pulled the feed.

[Brett]

Originally posted by scooper
Brett - you AREN'T understanding how Re-Transmission Consent / Must Carry election works - for both cable AND DBS.



scooper, you ARE NOT understanding that mustcarry for cable is different than mustcarry from satellite. Maybe you are understanding this but are heckling me over a retransmission. Yes, retransmission is different for cable and satellite providers too. Cable cannot drop local station (within DMA), but Dish can and not bother with them for 4 years.

Example: an independently owned station previously carried by mustcarry (no compensation) asks compensation in the next mustcarry cycle. Dish ignores them completely. Station is dropped for 4 years as it has no mustcarry rights. Station realizes they made mistake and are willing to get carried without compensation. Dish still doesnt have to carry the station as it has no mustcarry election.

This WOULD not happen with cable. Its not the same!!

Cable could refuse to pay the station while an agreement is not yet made, but cable cannot pull the station unless directed by the station.

Even if you examine good faith requirements (that expire in 2006), it works far more into the DBS companies favor than the stations favor.

There is no legal way cable can sell mustcarry locals alacarte - period. And there is the principle behind mustcarry. A possible locals alacarte which FCC Media Bureau approved, Echostar practice of putting minor stations on 129 which FCC Media Bureau only temporarily approved but Echostar will continue to do it, does not support what Supreme Court and Congress had in belief when they backed mustcarry.

And the one getting the raw deal will be DirecTV. Stations that requested mustcarry on Dish that are paying fiber to get their signal to Dish will end their transmission because they'll see little return (few customers asked for the big dish), but these stations will keep their signal going to DirecTV. For this reason many stations are far more interested in DirecTV carriage because DirecTV reserved desireable space for them but Echostar is giving them Siberia. DirecTV will still be carrying the many mustcarry stations, while Dish would be rabid adding new markets like Harrisburg, Waco, etc. in that precious space.


I have no animosity towards Dish. They are going to do what suits them best. Its if the FCC - when they disregard a fundamental of a Congress backed mustcarry or a main points of a certain law, and follow their own implementation I have doubts about them.

[FTA Michael]

When I called E* to beg and plead to try to get a waiver or something to get the national PBS feed, the CSR told me of the odd rules regarding PBS. Because I was _eligible_ to receive the local PBS station, I may no longer get the national PBS feed under any circumstances.

When I told the CSR that my worst reception of any OTA local was the PBS station, she told me that E* would sell me just that one PBS station for $1.50/month. Other posters to this forum have said she was full of beans, but I'm guessing the PBS local a la carte is too complicated a plan for one delusional CSR to dream up.

So maybe a la carte is possible, but rarely appropriate?

[scooper]

Brett - SHOW ME IN BLACK AND WHITE IN THE FCC RULES AND REGS where DBS and cable are treated different regarding Must Carry and ReTrans Consent. The DBS must carry rules were written to follow the same as cable follows - the cycles on DBS were PURPOSEFULLY put into 4 years to put cable and DBS into sync on the same year, so the programming providers CANNOT play one off against the other.

Now I repeat - SHOW ME IN BLACK AND WHITE IN THE FCC RULES AND REGS where DBS and cable are treated different regarding Must Carry and ReTrans Consent !

As far as the ala carte - who REALLY expected it to work that way - certainly not E* and D* - they have fixed costs and want to cover them as well as possible. If you want to get technical, the fact that E* offers other distant networks besides just NY and LA is showing that is exactly what they are doing.