Network Affiliates Join Together On 'Split Market' Issue
Don't want satellite, cable companies to air duplicating broadcast entertainment, sports programming that local television stations buy in the open market
By John Eggerton -- Broadcasting & Cable, 4/15/2009 4:12:39 PM
The chairs of the ABC and Fox affiliate associations have joined with their counterparts at CBS and NBC to ask Congress not to give satellite and cable companies "a free copyright license to televise the same, duplicating broadcast entertainment and sports programming that local television stations buy in the open market."
They pulled out all the stops invoking the economic crisis, the broadband stimulus package and suggesting multichannel video would rule the media universe.
Congress is currently considering ways to address the so-called "split market" issue as part of reauthorizing satellite operators' blanket license to retransmit TV signals. Those are markets that cross state lines, creating the situation where, say, viewers in Colorado are getting local stations from New Mexico.
Satellite companies have been pushing for the change, saying it is a consumer-friendly fix to an outdated DMA system.
Cable operators may or may not be included in the change. But if satellite operators get to import the signals, the American Cable Association says its members should have the same right.
Likely helping prod the flurry of letters on the subject is the draft of a bill floating around from Rep. Mike Ross of Arkansas that would allow multichannel video providers, cable as well as satellite, to retransmit in-state TV signals in split markets. The bill would waive the nonduplication rules in that instance, and would not allow retrans deals to be written so as to prevent distant signal importation to adjacent "underserved" areas.
"Rep. Ross has identified one of the biggest problems with our overly regulated television market system that now dates back to the 1950s," said ACA president and CEO Matthew Polka,"namely that some consumers are unable to receive television stations from their own state - an issue of localism that cable operators hear about from their customers as well. Cable has the technological ability to solve this problem, and we are pleased to be part of the solution in Rep. Ross' bill."
"A television broadcast station that elects retransmission consent may not request as a condition to receiving retransmission consent that a multichannel video programming distributor not exercise its right to carry any other broadcast station," a draft of the bill dated March 30 reads.
Broadcasters argue that they have paid for the exclusive rights to import valuable syndicated programming. Allowing satellite and, potentially, cable operators to import duplicative programming would constitute a "free copyright license" that would "drive local TV stations out of business," said ABC affiliate board chairman Darrell Brown in a letter to House Energy & Commerce Committee Chairman Henry Waxman (D-CA).
Brown says that without territorial exclusivity, networks, sports leagues and studios will move their content to cable and satellite, which would be "unfair to your constituents and local viewers," he tells Waxman.
Brown points out that cable and satellite can already import in-state weather and news to viewers in split markets just by asking the distant stations who have always said yes, he adds. And on the issue of sports, Brown suggests that they resolve the issue of split markets where viewers may not be getting the games of their home-state teams, either the NFL or NCAA could allow local stations to broadcast those games. "We urge you to ask the sports leagues and the NCAA to make games of local interest to your constituents available for broadcast on your local stations," he says.
Brown painted a gloomy picture for broadcasters that would only darken if Congress adopted the change.
"Local television station personnel are being laid off and furloughed in record numbers, and many of these stations are now in receivership," he said. "It is difficult to believe Congress would seriously consider giving pay cable and satellite companies an unfair competitive advantage of this kind over free, local, over-the-air television service."
In his letter, also to Waxman, Fox Affiliate Board Chairman John Tupper echoes Brown's concern saying that granting satellite and cable a license to import duplicative programming would be a back door reform of the retransmission consent process that will drive local TV stations off the air.
"This proposal is a not-so-subtle strategy for eliminating retransmission consent fees paid by cable and satellite operators," he wrote. "When local broadcast television stations are bankrupted by this proposal, only those viewers who are able to pay $1,000 per year for unregulated subscription television will have access to any television programming of any kind."
The House and Senate are currently considering reauthorization of SHVERA, the Satellite Home Viewer Extension and Reauthorization Act, because the distant signal license expires at the end of the year. As such it is considered must-pass legislation, though broadcasters argue it must not pass with a broad DMA revision.
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Well being a RV owner will not have it affects to satellite suppling distant networks. For those folks unserved, there end up with there own hometown hd tv stations. The technology is there and available spotbeam. Dish Network echostar 10 is only spotbeam and delivers over 100 local markets in sd. A powerful satellite by all means. Echostar 10 should be capable to handle hd in 5 years. I will find out when A.A.D. tells us. Unserved folks our endanger of being turned off to distants networks, they will likely end up with local spotbeam stations.
Thomas Ingram II - 4/17/2009 8:52:32 AM EDT -
When ABC, NBC, CBS AND FOX head to Las Vegas, along with half of congress and the FCC there at N.A.B. convention in Las Vegas. Will see some firework going off. The broadcaster could care less, if we desire choice. They call duplicating broadcast. What Mr. Ergen and Mr. Chase was thinking was good, I think broadcaster our never apposed to many choice. KMPH FOX 26 reaches the whole south valley from Fresno to Bakersfield. Neilson said KMPH FOX 26 admited there half million. atleast 75 thousand viewers in Bakersfield verses KBFX FOX 58 125 thousand viewers in Bakersfield, among KBAK CBS 29 200 thousands viewers. FISHER dislike those figures and they can not do anything, except complain to the FCC. There you go, duplicating broadcast on outdoor antennae.
It is simple, broadcaster do not like duplication and there afraid to go out of business. Sure, enough. When the rest of the country switches to dtv, many would then be elligible for distants or spotbeam. I am just glad, they didn't grip over TIVO technology. I Know ABC was gripping. Is DVR duplicating video broadcast? NO, Only a right to record. A persons right.
Thomas INgram II - 4/16/2009 10:04:33 PM EDT -
As far I am concerned, we the TV Viewers have the right to see any TV markets for out of town local news!!
USA, is not a red China or north Korea due to censorships.....
Here in USA, we call it copyright censoship by not allowing us to get out of town TV markets!!
Where I live in Albuquerque metro areas, we can't get El Paso, TX or Denver, Co or any other markets.....
At the sametime D.C. and Baltmore TV viewers get to see 2 TV markets have a better chances but still they might want to see NYC, NY or any other TV markets any where in the USA......
I am sick of NAB, for feeding the congress critters for supporting outdated 1950 DMA system and the sametime hurting the TV viewers!!!
For you TV broadcasters please wake up and face the reality and help out the TV viewers.
4-16-09
From,
Tim Johnson
Timothy Johnson - 4/16/2009 12:06:44 PM EDT -
I think that the best way to solve this is to allow "simsub" which is commonplace in Canada so that a Canadian network takes preference over an American station (tune to ABC for "The View" and receive CTV). This allows customers to receive another station, but the network programming would be from their local affiliate. For example if a Yakima, WA viewer wanted KIRO from Seattle for news and sports they can get the station, but if they tune to "Survivor" on KIRO they'd be getting KIMA. It would also be nice to receive a time-shift feed of the network.
Steven Anderson - 4/16/2009 1:43:31 AM EDT -
There is roughly 65 to 75 million having a option to record there programs using a dvd recorder. Broadcasters must see this. TIVO has a copyright, which could be revoked, I bet. All it takes is congress. This one will never happen. Duplicating, is not a thing. Many live in a unserved area and must have a way to receive network programing. SHVERA PROTECTS them and grandfathers them. Charlie Ergen-Dish Network might have also confused media, wanting DMA CHANGE.
Thomas Ingram - 4/15/2009 10:24:53 PM EDT
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