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Powell Ready to Nix Multicasting By Ted Hearn multichannel.com 1/20/2005 1:42:00 PM Cable operators would not have to carry multiple digital services provided by local TV stations under a plan favored by Federal Communications Commission chairman Michael Powell, an FCC source confirmed Thursday. TV stations want carriage of all free services by cable, but Powell is sticking to his 2001 vote that cable should be required to carry just one programming service, the source said. The issue of so-called multicast must-carry refers to the small percentage of commercial TV stations that elect mandatory cable carriage. All public stations are required to elect must-carry and, thus, would be hurt the most by Powell’s proposal. Powell’s approach would not deny stations that negotiate carriage with cable operators the right to demand distribution of multiple services. Powell’s decision to advance the multicast issue comes as a federal court considers a request by Paxson Communications Corp., a large TV-station owner, to force the FCC to issue final cable-carriage rules for digital-TV stations within 30 days. The FCC told the court that Paxson’s request should be denied because final rules were issued in January 2001 and rejected multicasting rights for digital-TV stations. Paxson and other TV stations asked the FCC to reconsider. Because the FCC failed to take action on the reconsideration request, Paxson went to court to force the agency’s hand. An FCC source confirmed that Powell intends for the five-member agency to vote on multicasting at its Feb. 10 meeting. It was unclear whether Powell wants to couple the multicasting issue with a broader plan to end TV stations’ transition to all-digital broadcasting by Dec. 31, 2008. Under that plan, developed by FCC staff, digital-TV stations would possess multicast must-carry rights. In recent years, Powell has signaled his willingness to move the multicast issue, but divisions among FCC members sidetracked a vote. Republican commissioner Kevin Martin supports broadcasters, while fellow Republican commissioner Kathleen Abernathy has been less clear about how she would vote. Democrats Michael Copps and Jonathan Adelstein are expected to back broadcasters, but not before the FCC has adopted a range of public-interest obligations for digital-TV stations. Many broadcasters have argued that multicast-carriage rights are critical to the industry’s ability to compete in a world of hundreds of channels on pay TV platforms. But the cable industry has countered that handing TV stations many additional slots on their systems would, in addition to raising serious First Amendment issues, tempt stations to air infomercials and other low-value content aimed at reaping quick profits. Cable also argued that TV stations should not be able to claim channel space by default when cable networks -- which don’t have FCC licenses -- need to bargain for carriage. In 1997, the Supreme Court ruled 5-4 that a law requiring cable operators to allocate one-third of their channels for TV stations demanding carriage was consistent with the First Amendment. Multicast must-carry was not directly addressed in that case. |
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#2
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Why would I not want you to see it? I have only talked about it here 20
times in the last month or so including today. I have said that Powell was against multicasting must carry. I have said that the Supreme Court voted for must carry of ONE program 5 to 4 in a very wishy washy way. It could have gone either way. I have said that Powell has resigned. That a multicast must carry win for broadcasters is bad for HD. That a multicast must carry win for broadcasters will probably be overturned by the Supreme Court and broadcasters may lose must carry altogether. I have talked about every aspect of this. Bob Miller Matthew L. Martin wrote: ... Powell Ready to Nix Multicasting By Ted Hearn multichannel.com 1/20/2005 1:42:00 PM Cable operators would not have to carry multiple digital services provided by local TV stations under a plan favored by Federal Communications Commission chairman Michael Powell, an FCC source confirmed Thursday. TV stations want carriage of all free services by cable, but Powell is sticking to his 2001 vote that cable should be required to carry just one programming service, the source said. The issue of so-called multicast must-carry refers to the small percentage of commercial TV stations that elect mandatory cable carriage. All public stations are required to elect must-carry and, thus, would be hurt the most by Powell’s proposal. Powell’s approach would not deny stations that negotiate carriage with cable operators the right to demand distribution of multiple services. Powell’s decision to advance the multicast issue comes as a federal court considers a request by Paxson Communications Corp., a large TV-station owner, to force the FCC to issue final cable-carriage rules for digital-TV stations within 30 days. The FCC told the court that Paxson’s request should be denied because final rules were issued in January 2001 and rejected multicasting rights for digital-TV stations. Paxson and other TV stations asked the FCC to reconsider. Because the FCC failed to take action on the reconsideration request, Paxson went to court to force the agency’s hand. An FCC source confirmed that Powell intends for the five-member agency to vote on multicasting at its Feb. 10 meeting. It was unclear whether Powell wants to couple the multicasting issue with a broader plan to end TV stations’ transition to all-digital broadcasting by Dec. 31, 2008. Under that plan, developed by FCC staff, digital-TV stations would possess multicast must-carry rights. In recent years, Powell has signaled his willingness to move the multicast issue, but divisions among FCC members sidetracked a vote. Republican commissioner Kevin Martin supports broadcasters, while fellow Republican commissioner Kathleen Abernathy has been less clear about how she would vote. Democrats Michael Copps and Jonathan Adelstein are expected to back broadcasters, but not before the FCC has adopted a range of public-interest obligations for digital-TV stations. Many broadcasters have argued that multicast-carriage rights are critical to the industry’s ability to compete in a world of hundreds of channels on pay TV platforms. But the cable industry has countered that handing TV stations many additional slots on their systems would, in addition to raising serious First Amendment issues, tempt stations to air infomercials and other low-value content aimed at reaping quick profits. Cable also argued that TV stations should not be able to claim channel space by default when cable networks -- which don’t have FCC licenses -- need to bargain for carriage. In 1997, the Supreme Court ruled 5-4 that a law requiring cable operators to allocate one-third of their channels for TV stations demanding carriage was consistent with the First Amendment. Multicast must-carry was not directly addressed in that case. |
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#3
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Bob Miller wrote:
Why would I not want you to see it? I have only talked about it here 20 times in the last month or so including today. I have said that Powell was against multicasting must carry. I have said that the Supreme Court voted for must carry of ONE program 5 to 4 in a very wishy washy way. It could have gone either way. I have said that Powell has resigned. That a multicast must carry win for broadcasters is bad for HD. That a multicast must carry win for broadcasters will probably be overturned by the Supreme Court and broadcasters may lose must carry altogether. I have talked about every aspect of this. Guess what? Even a lame duck FCC chairman has far more credibility than you do. Matthew -- Thermodynamics and/or Golf for dummies: There is a game You can't win You can't break even You can't get out of the game |
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#4
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Matthew L. Martin wrote:
Guess what? Even a lame duck FCC chairman has far more credibility than you do. Matthew Powell is against allowing broadcasters must carry of their multicast digital programming. I agree with him. Even if he loses the Supreme Court will overturn any decision by the FCC that allows multicast must carry IMO. So what are you talking about? Bob Miller |
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#5
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Bob Miller wrote: That a multicast must carry win for broadcasters is bad for HD. That a multicast must carry win for broadcasters will probably be overturned by the Supreme Court and broadcasters may lose must carry altogether. I have talked about every aspect of this. Bob Miller I assume Multicast "must carry" would mean that cable companies would be forced into carrying all DTV as well as analog broadcast provided by a given network? If that's the case it seems like the broadcasters would be the ones fighting this and not the cable companies (e.g. as a recent post pointed out Sinclare is trying to charge cable providers for their High Definition broadcast). |
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#6
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#7
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#8
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Matthew L. Martin wrote:
wrote: Bob Miller wrote: That a multicast must carry win for broadcasters is bad for HD. That a multicast must carry win for broadcasters will probably be overturned by the Supreme Court and broadcasters may lose must carry altogether. I have talked about every aspect of this. Bob Miller I assume Multicast "must carry" would mean that cable companies would be forced into carrying all DTV as well as analog broadcast provided by a given network? If that's the case it seems like the broadcasters would be the ones fighting this and not the cable companies (e.g. as a recent post pointed out Sinclare is trying to charge cable providers for their High Definition broadcast). Since bob contradicts himself and argues against his own self interest at the drop of a hat, it is nearly impossible to figure out what it is that he really wants. The only thing that is clear is that he is _NOT_ going to get the FCC to change the ATSC modulation scheme from 8-VSB to COFDM. He keeps predicting that the FCC will do just that. So far he has been 100% wrong in his predictions. I'm sure that he will keep his perfect record. Matthew You are right it is confusing. Here it is in a nut shell: It is in our business interest that 8-VSB is permanent BUT that it have receivers that work fixed not mobile. That is why you find me ecstatic that 5th gen LG receivers work and we were one of the first to test them. It is in my and your personal interest that the US Congress not be able to be bought by every special interest that holds out a buck. That Congresspersons don't have to spend all their time raising money and have no time to do anything but rubber stamp legislation actually written by those special interest and which our Congresspersons don't even have time to read. It is in my personal interest that MY and YOUR spectrum be used with the best modulation that allows all of us to benefit the most at the least cost. So personally I am for a COFDM type modulation universally while it is in our business self interest that 8-VSB be permanently affixed to current broadcasters who thereby cannot compete with us while we use COFDM mobile and fixed. It is why a clear thinking Sinclair executive and top RF engineer, Nat Ostroff, is both happy that there is now a viable 8-VSB receiver and moans that long term broadcasters will be savaged by the likes of Qualcomm who can and will use COFDM to compete in the broadcast DTV market with the advantage of COFDM. Bob Miller Bob Miller |
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#9
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Both are true. Broadcasters including Sinclair want must carry laws to include must carry of multicast programming and Sinclair wants to charge for their HD content. There is not mutually exclusive self interest here. Bob Miller Ah, I see. So Sinclair wants "must carry laws", but they also want to charge (thus forcing the cable companies to pay them or face legal action). That would be great for Sinclair wouldn't it. If I'm understanding this correctly, I'd favor a "must carry for free" option. Interest in over-the-air programming hasn't declined, when used the term "prime time" programming generally refers to NBC, ABC, CBS, FOX, WB and UPN in the early evening hours. How much does a prime time ad cost on a major network? How much would the same ad (at the same time slot) cost on one of the major cable networks (USA, TNT, TLC, etc...). I would imagine there is a huge price difference (and rightfully so, since local networks are "free"). Let's not even get into prime time sports events (Super Bowl, World Series) or other special events (Oscars, Music Awards). Prime time still has a much larger audience, even if most of its audience pull their signal via cable or satellite. So if they're already getting the advertising dollars -and- if they invested in DTV infrastructure to conform to FCC mandate, why does Sinclair think they have the right to charge the cable providers. It comes down to what you can do and what is ethical. Sinclair comes across to me as a very unethical company and that's easy to qualify. They are trying to charge cable providers (which will translate into high rates for cable subscribers) for DTV signal which by FCC mandate they are required to provide. Sinclair has the statistics, they know how many US consumers have sat and cable services. Of course they would LOVE to profit off every viewer and this strategy allows them to do that, thus (if a success) eliminates free over the air broadcasting. If successful will Sinclair cut advertising cost? No, they will probably increase advertising cost because a "must carry" mandate would give them a larger audience. So Sinclair would win big time, Sinclair investors win big time, it's a loss for the US public (again, the majority of us have some form of subcription based television service, these fees will be passed down to us) and it's a loss for FREE over the air broadcasting! |
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#10
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Sinclair refused to air an episode of Nightline, deciding that its
tribute to fallen military personnel was a liberal political stunt. Names of the then-only-523 killed troops were read. Later in the year, liberal elite Sinclair ordered its stations to air an anti-Kerry propaganda film |
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