[opendtv] FCC: Chairman Wheeler comment on Dish-Sinclair dispute

  • From: "Manfredi, Albert E" <albert.e.manfredi@xxxxxxxxxx>
  • To: "opendtv@xxxxxxxxxxxxx" <opendtv@xxxxxxxxxxxxx>
  • Date: Thu, 27 Aug 2015 01:06:29 +0000

For Craig's benefit, this is the motivation behind the 1992 act.

Wheeler: "We will not stand idly by while millions of consumers in 79 markets
across the country are being denied access to local programming."

Never mind taking sides on who is right and who is wrong. If the local stations
were available to everyone on a neutral network, instead of said millions of
consumers having to rely exclusively (in practice exclusively) on a non-neutral
monopolistic local medium, surely you wouldn't have any blackout.

It is true that already today, in principle, anyone should be able to
circumvent this blackout. If not using OTA, then going to the networks' own web
sites, or Hulu. The content might be delayed online, until the congloms get
more serious about Internet distribution, as inevitably they will.

The fundamental point is inescapable. Hey, let's even postulate that the local
CDN that carries NBC (or whatever content) gets in a spat with NBC, and
threatens to black it out in their local ISP nets. It's a relatively much
simpler matter for NBC to set up with another CDN, in short order, and with no
impact on consumer equipment.

So let's see. Would such a restructured distribution scheme encourage or
discourage these parties from coming to speedy agreements?

Bert

--------------------------------------------
https://www.fcc.gov/document/chairman-wheeler-statement-dish-sinclair-dispute

Media Contact:

Neil Grace, (202) 418-0506
neil.grace@xxxxxxx

For Immediate Release

STATEMENT OF FCC CHAIRMAN TOM WHEELER ON RETRANSMISSION DISPUTE BETWEEN DISH
NETWORKS AND SINCLAIR BROADCASTING

Washington, August 26, 2015

- Currently, there is a blackout affecting 129 television stations in 79
markets as a result of an ongoing dispute between Sinclair Broadcasting, the
nation's largest broadcast group, and DISH, a direct broadcast satellite
provider. Last night, DISH requested an emergency order for injunctive relief,
alleging violations of the Commission's rules requiring good faith
negotiations. The following statement can be attributed to FCC Chairman Tom
Wheeler:

"Today, I have directed the Media Bureau to convene an emergency meeting with
DISH and Sinclair to get to the bottom of the dispute and bring back local
programming to consumers. The parties will have until midnight to file their
views.

"The public interest is the Commission's responsibility. We will not stand idly
by while millions of consumers in 79 markets across the country are being
denied access to local programming. The Commission will always act within the
scope of its authority if it emerges that improper conduct is preventing a
commercial resolution of the dispute.

"Just last year, Congress instructed the Commission to look closely at whether
retransmission consent negotiations are being conducted in good faith. That's
why I have proposed to my fellow Commissioners a new rulemaking to determine
how best to protect the public interest. The facts surrounding this dispute
inform our findings in that proceeding, but we will not wait to act on behalf
of consumers."
###

Office of Media Relations: (202) 418-0500



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