H.R. 2821 Adjacent markets considered local

Discussion in 'Legislative and Regulatory Issues' started by arkieboy, Jun 22, 2007.

  1. Jun 25, 2007 #21 of 105
    Greg Bimson

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    Because this is 17 USC 122, I think that the retransmission consent and must-carry rules apply. In this case, if you receive your own local channels and want the stations from an adjacent market, you can get them, provided your satellite company wants to sell them to you. However, that also requires the satellite company to pay under existing contracts with stations any carriage fees due.

    Therefore, simply taking the state of Maryland, those of us with either DC or Baltimore stations can now get the other market, provided the satellite company pays each station for carriage under contract. I am guessing the satellite companies could add another charge if you want locals from an adjacent market. And the satellite companies could choose not to implement adjacent market locals.
     
  2. Jun 25, 2007 #22 of 105
    tsmacro

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    If something like this does go through and Dish is allowed to offer adjacent DMA's that could be quite interesting. For example the DMA I live in, Indianapolis is adjacent to DMA's from Chicago, South Bend, Fort Wayne, Dayton, Cincinati, Louisville and Terre Haute. And there might be one or two others that I can't think of off the top of head (now that I say that I remember there's also Lafayette, but that doesn't really count as DMA, no matter what Nielsen says! :lol: ) So does that mean Dish could offer me locals from all those DMA's if they so choose? Now honesly if it just allowed me to get locals also from Fort Wayne i'd be happy. I live as close to the Fort Wayne towers (closer in some cases) as the Indy towers and all my neighbors with cable and OTA antenna's get locals from both cities. So i'm all for anything that would allow that to happen!
     
  3. Jun 25, 2007 #23 of 105
    Greg Bimson

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    Nevermind. I read James' revision, and yes, a local channel has no say if they are retransmitted into an adjacent market.

    Wow. I wonder if this will pass.
     
  4. Jun 25, 2007 #24 of 105
    James Long

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    Since there is no retransmission consent by stations (which was written into the "SV" legislation a couple of years ago) and no protection of local broadcasters (other than the market's locals must be offered before offering an adjacent market's locals) I would not expect it to pass.

    Give the stations the right to refuse carriage and it might pass.
    Give stations the right to block other station's carriage and will be moot. :(

    Here's Chicago:
    [​IMG]
    The green area is the Chicago market. Normal LIL rules of must carry and consent to carry. A Chicago area station could refuse carriage or force carriage in this area.

    The yellow areas are "adjacent markets" as defined. If E* or D* wanted to they could provide any Chicago station to any subscriber anywhere within any of the yellow counties - without the permission of the station being carried. (The exception would be markets without their own locals, such as Lafayette. They get no benefit until E* or D* uplinks their local stations.)

    The red area is troubling to me ... an area so close to Chicago does not meet the new definition of adjacent market because the markets do not cross state lines. If the definition is changed to define adjacent markets without requiring a county to be in another state it will help viewers in Kenosha.

    It seems odd for a viewer in Southern Indiana to be able to get Chicago locals while Kenosha was excluded.
     
  5. Jun 26, 2007 #25 of 105
    kenglish

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    Does this mean that all of us in Utah will be getting stations from Nevada, Idaho, Wyoming, Colorado and Arizona? Our DMA includes pieces of all those states.
     
  6. Jun 26, 2007 #26 of 105
    James Long

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    If passed as written it would give the satellite broadcasters the right to provide those adjacent market stations. What they actually choose to provide is not mandated.
     
  7. Jun 26, 2007 #27 of 105
    N5XZS

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    This would be great for Albuquerque TV Viewers will now have the chances to see other TV markets like, El Paso, Lubbock, Amerillio, Colorado Springs, Denver, Tucson, Phoenix, Salt Lake City.

    I think it's about time!!:) :listenup: :icon_bb:

    It will be fun to watch out of town local news and live local sports for everyones to see!!:)

    I will keep the eyes on any latest news on the proposed law.

    6-26-07
     
  8. Jun 26, 2007 #28 of 105
    Greg Bimson

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    I could be wrong, but...

    If one lives in Utah, one is in the Salt Lake City market. There is no other market in Utah. Therefore, Utah will not receive any help from this bill.
     
  9. Jun 26, 2007 #29 of 105
    N5XZS

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    Well I looked at my Albuquerque's DMA map covereges, and it's looks like I might just get 2 different TV markets, one is in El Paso and Lubbock, TX however on the other hand Albuquerque's DMA spills over into AZ, and CO then I might get Phoenix, Colorado Spring and Montrose maybe even Denver.:D

    Is that logical to you? Well I hope so.....:hurah: :D

    Now back to my TV DXing.......:coolglass

    6-26-07
     
  10. Jun 27, 2007 #30 of 105
    James Long

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    It depends on how weird the reading is ...

    The adjacent markets are the markets in the same state as the market. The Salt Lake City market is in Utah, but it is also in Nevada and Wyoming. Adjacent markets in Nevada and Wyoming are adjacent to Salt Lake City. (Las Vegas, Reno/Carson City, Idaho Falls, Casper and Denver.)

    The definition does not specify portions of the market (it does not say the adjacent market is adjacent to the portion of the market in the same state as the adjacent market) so read it the right way and anyone in the Salt Lake City market could get any local from any of the markets listed above (including Nevada customers receiving Denver locals and Wyoming customers getting Las Vegas locals).

    Yes, the definition needs work. :)
     
  11. Jun 27, 2007 #31 of 105
    kenglish

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    Just what I was getting at.

    We already have Cedar City/St. George as "significantly viewed", even though it would take a football-stadium sized antenna on a ten-thousand foot tower, to actually get them OTA in SLC.

    This may get as bad as the "rim shot" FM stations, where they get a barely-audible signal to some spot in the valley (via strange, out of the way transmitter sites in the middle of nowhere), then declare themselves eligible for booster transmitters right in the big city. Not a single FM channel is vacant in this market, yet there are copies of the same "stations" up and down the band. And, the intermod is unbearable.
     
  12. Jun 27, 2007 #32 of 105
    Shad

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    If you live in an area that is part of a DMA that originates in a different state, then you could get your own state networks under this bill.

    In my DMA here in North Arkansas, we are in the Springfield, MO DMA, this bill would allow me to see Arkansas news, sports and weather.

    Those living on the Missouri side of the Springfield DMA would have no changes. This only affects those on the other side of the state line from the city in which the DMA originates.
     
  13. Jun 27, 2007 #33 of 105
    James Long

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    That seems to be the intent based on the press release, but the definition of "adjacent market" is open enough to allow anyone in the market to view any station in an adjacent market as long as part of each market is in the same state.
     
  14. Jul 5, 2007 #34 of 105
    HuggieBear

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  15. Jul 5, 2007 #35 of 105
    James Long

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    You MUST have your own market's locals before a provider can provide you with adjacent market locals. Sorry, but this bill doesn't help you (yet).
     
  16. Jul 5, 2007 #36 of 105
    HuggieBear

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    :crying: :crying: awe shucks I am left out in the cold yet again :mad: :mad:


    Thanks for the quick response and info.
     
  17. Jul 5, 2007 #37 of 105
    Terry K

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    Actually...Springfield has one station that originates from AR, KWBM. This might well open up Springfield to other locals from MO and AR. (its a technicality I know..but you know where I'm going with this)

    DMAs become a real problem, especially in Missouri.

    For example:

    Kansas City has stations licensed to BOTH KC-Missouri and KC-Kansas. That is a real problem, since Kansas City *is* a city in both states!

    St. Louis has stations licensed to St. Louis, MO and East St. Louis, IL

    Springfield does have KWBM which originates from Harrison AR.

    Paducah/Cape Gireardau is a weird market since it has 2 cities in its market in different states!

    Joplin/Pittsburg Kansas is another problem. The Joplin market is legally both Pittsburg and Joplin. (one in KS the other in MO) With Joplin/Pittsburg, how do you decide who gets what?

    Scottsbluff, NE is another real problem child, since that market is technically Cheyenne WY-Scottsbluff NE (and Western Nebraska viewers are in a different time zone than the rest of NE)

    Then do want to discuss Grand Island/Kearney/Hastings? That's a large market geographically that has *3* cities of license and a couple of counties in KS as I recall.

    Denver is also a nightmare because of the number of states you can get Denver Locals in. I think its what, 4 or 5?

    We also run into the issue of Spot Beams and size. If you could technically get any Missouri locals in say Springfield...you'd have a real problem since there are 7 markets bordering it. (KC, St. Louis, JeffCity/Columbia, Northwest AR, Little Rock, Bootheel, and Joplin)

    If I could get (legally) KC locals and St. Louis ones in Springfield, I'd have both. (and the SGF locals woudl still get the passing interest they do now)
     
  18. Jul 5, 2007 #38 of 105
    James Long

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    Under HR 2821 it does not matter what state the station is in, it matters what market the station is in. The biggest problems come with defining what state a market is in (if a market crosses state lines is it considered a market in both states - I say yes) and the odd wording that only counts a market as adjacent if a portion of the market is in the "same state" as the other market. If neither market crosses into the other market's state (Chicago and Milwaukee, for example, illustrated previously) they are NOT adjacent but the furthest reaches of the Indianapolis market ARE adjacent.
     
  19. Jul 6, 2007 #39 of 105
    jhamps10

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    so lets recap here. Looks to me that this bill will allow satellite companies to give you your next door neighbor DMA wise IF the market is in your state?

    So for me Living in Clay county, Illinois in the STL market (the big stub on the east side that looks like a mole) I'd be able to get Springfield/Decatur/Champaign locals, Evansville Indiana Locals, the Paducah, KY locals, and the Terre Haute locals. Am I correct on that?
     
  20. Jul 6, 2007 #40 of 105
    Shad

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    KWBM's office is in Hollister, MO. Their transmitter is across the state line in extreme northern Arkansas, about 20 miles north of Harrison. They have absolutely no presence in Harrison at all.
     

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