Dish’s complaints about Sinclair Broadcasting bargaining tactics are the pot calling the kettle black because Dish uses "precisely the same tactic," Morgan Murphy Media said in a filing in docket 10-71 posted Tuesday. Dish's retrans complaint, filed Saturday and then put on hold as it resumed negotiations with Sinclair, said Sinclair rejected a short-term contract extension offer with a retroactive "true-up" (see 1508170031). Dish did essentially the same thing to Morgan Murphy in negotiations earlier this month, the broadcast chain said, declining to extend an agreement that would retroactively "true up" rates to the beginning of the contract term without "a substantial and unilateral reduction in its proposed rates," Morgan Murphy said. Since Aug. 13, Morgan Murphy stations have been blacked out on Dish. "If Sinclair is found to have violated its obligation to negotiate in good faith, the same finding should be applied to Dish," Morgan Murphy said. In a statement, Dish said Morgan Murphy "blocked Dish customers’ access to its stations in four markets, seeking above-market rate increases double the current Dish rate. The broadcaster has demanded higher fees than Dish currently pays for any other station nationwide. We are actively working to negotiate an agreement that promptly returns this content to Dish’s programming lineup."
Before reclassifying online video distributors, the FCC should first seek comment from OVDs about how being considered multichannel video programming distributors (MVPDs) would create "substantial technical challenges," complete its review of retransmission consent negotiation rules, and do a similar review of program access rules, YipTV said in an ex parte filing. Posted Monday in docket 14-261, it detailed a meeting between CEO Michael Tribolet and other YipTV representatives with Media Bureau and Office of Strategic Planning staffers and front-line staffers of various commissioners. With such a reclassification, the FCC "endangers the very competition and consumer choice that [it] is intending to support by this proposed change," the OVD said. In its filing, YipTV also repeated its argument to the FCC that any such re-categorization of some types of OVDs as MVPDs needs to be voluntary on the part of the OVD, or the obligations that come with being an MVPD are waived (see 1508120012). In its latest filing, YipTV also said such MVPD obligations should be phased in over three years "at the very least." The program access that would come with being an MVPD don't outweigh, in its case, "the ... legacy obligations associated with MVPD status," YipTV said. "Reclassification as an MVPD will bring substantial costs that may limit its ability to obtain new programming -- thus reducing the programming choices available to consumers -- and likely increasing the end-cost of its service."
Requiring that programming be available to online video distributors (OVDs) means consumers will pay more, Madison Square Garden Holdings said in an FCC ex parte filing posted Monday in docket 14-261 on a meeting between Adam Levine, senior vice president-legal and business affairs, and Media Bureau and Office of Strategic Planning staff. Much of the programming MSG licenses doesn't come with rights for online distribution because sometimes the rightsholders distribute through other outlets such as Hulu, Netflix or YouTube, or directly to customers through their own platforms, MSG said. The cost of such rights, when they're available, can be prohibitive, and those higher programming costs "will be passed through ... eventually to consumers," MSG said. "Even for programming that MSG produces and owns, acquiring online distribution rights for all elements of such programming can be very difficult." Changing the definition of multichannel video programming distributor to include some forms of OVDs "would not vest online distribution rights in MSG" since those rights agreements generally provide for distributing through specific forms of media and not some blanket rights agreement to MVPDs in general, MSG said: "There is no record of any market failure that would justify any changes to the MVPD definition," and such a change "would substantially and unnecessarily harm the handful of programmers subject to the rules."
Buying groups shouldn't get "special treatment" when representing a multichannel video programing distributor, Discovery Communications said in an ex parte filing posted Thursday in FCC docket 12-68. It responded to a push by the American Cable Association to have the definition of a cable-TV buying group revised to include groups that operate like the National Cable Television Cooperative does so the NCTC can enjoy the same nondiscriminatory program access protections of other buying groups and so that cable-affiliated programmers would have a tougher time excluding buying group members from taking part in the master purchasing agreements (see 1507020018). In the meeting between Catherine Carroll, Discovery vice president-public policy and corporate/government affairs, and Media Bureau staff, Discovery argued that the buying group rules' status quo helps protect programmers "against unnecessary financial risk" while letting them get fair compensation.
The FCC can best help consumers by making sure independent content providers -- like Al Jazeera America -- can distribute online "and not be shackled by provisions ... that frustrate their ability to reach a wider audience," the network said in a meeting reported in an ex parte filing posted Wednesday in docket 14-261. The meeting between AJA executives such as CEO Al Anstey and with Commissioner Mignon Clyburn, was the network's first such meeting with FCC officials, according to the FCC filing system. AJA -- available in 54 million homes -- said it has difficulty expanding its reach because of such issues as most-favored national clauses put in place by multichannel video programming distributors on some content companies and regulations limiting over-the-top distribution of its linear content.
Viacom wants FCC clarification that Cablevision isn't obligated to carry PMCM’s WJLP Middletown Township, New Jersey, on cable channel 33, which would displace Nickelodeon, the programmer said in a meeting Monday attended by Viacom representatives, Media Bureau and Office of General Counsel staff, and attorneys for CBS, Cablevision, Comcast, Meredith, PMCM and Time Warner Cable, according to an ex parte filing. Cablevision announced plans to displace Nickelodeon under the “mistaken belief” that it's legally obligated to do so, Viacom said. PMCM missed a deadline to change its must-carry channel, Viacom argued. PMCM’s application for review asking the U.S. Court of Appeals for the D.C. Circuit to overturn the Media Bureau's decision on its attempt to use the same main program and system information protocol (PSIP) channel as Meredith’s WFSB Hartford, Connecticut, (see 1409160043) is still pending, the filing said. The FCC should issue a clarification that Cablevision is under no such obligation and won’t be punished for not bumping Nickelodeon, Viacom said. “The disruption and harm to Nickelodeon and its viewers are unnecessary and unjustified," Viacom said. After winning a rare FCC OK to move cross-country after the D.C. Circuit ordered it over the agency's objections, PMCM sought to operate the station in what would have been a technological first for broadcasting: on the same main PSIP channel as WFSB, with each having different virtual PSIP subchannels (see 1409160043).
Time Warner Cable connected nearly 20,000 cell towers to one another in an effort to increase tower backhaul, the company said in blog post Wednesday. TWC Business Class began its backhaul initiative in 2008 by connecting the towers using fiber, it said.
HBO Go, as a part of StarHub's new online streaming service StarHub Go, is now available in Singapore, Time Warner said in a news release Wednesday.
Few over-the-top viewers are using OTT to replace cable, though more pay-TV providers getting into OTT "could start changing the game," Horowitz Research said Tuesday in a report. The report and survey data indicates OTT streaming VOD typically complements traditional pay TV, as 40 percent of Internet users have both multichannel and an OTT subscription VOD service, while only 11 percent have OTT SVOD only and 42 percent have multichannel only. Nearly 80 percent of OTT SVOD users also are multichannel subscribers, Horowitz said. That could be changing, as millennials are far more likely to have just an OTT SVOD service -- 21 percent of them vs. 7 percent among people 35 and up, it said. Fifty-five percent of millennials who are multichannel subscribers say pricing could get them to subscribe to an Internet TV service instead of their current cable or satellite service, vs. 43 percent of people ages 35 and up, Horowitz said. The survey was done online in May among 1,568 broadband Internet users.
With broadband to be the backbone of the IoT, NCTA increasingly is paying attention, creating a new section of its website dedicated to it. The page, unveiled Wednesday, gives a layman overview of the IoT, as well as links to a variety of resources such as IoT TED talk videos and media reports on various aspects. "To have a working Internet of Things, America needs a broadband network that’s capable of securely and dependably handling our increasing data needs," wrote NCTA Senior Director-Digital Strategy John Solit on the group's blog. "That’s why we’re working so hard to grow our broadband networks and expand the availability of super fast Wi-Fi."