[opendtv] Re: FCC: Chairman Wheeler comment on Dish-Sinclair dispute
- From: Craig Birkmaier <craig@xxxxxxxxxxxxx>
- To: "opendtv@xxxxxxxxxxxxx" <opendtv@xxxxxxxxxxxxx>
- Date: Fri, 28 Aug 2015 09:50:08 -0400
On Aug 27, 2015, at 9:40 PM, Manfredi, Albert E
<albert.e.manfredi@xxxxxxxxxx> wrote:
Craig Birkmaier wrote:
The FCC does not have the authority to change this,
The FCC managed to get the parties to agree, Craig, and that's all the
authority he needed. I posted that article only to show you what the 1992 act
was meant for, Craig.
Obviously Wheeler used his bully pulpit to get these parties to put another
temporary agreement in place. That is his prerogative, but it does not mean he
had the authority to force an agreement. The 1992 legislation tipped the scale
in favor of the broadcasters. Now the MVPDs are trying to restore some sense of
balance.
But more to the point. The FCC has no mandate to re-create an unnecessary and
irrelevant set of rules, duplicating the 1992 act, over the Internet. Wheeler
has all the authority he needs to NOT duplicate that act over the Internet.
And he has all the authority he needs to extend these rules to the Internet.
What he does not have the authority to do is to change the rules; only Congress
can do that, or the courts, by declaring the legislation is unconstitutional.
In short, cut out the non-neutral middleman, and you've eliminated the
possibility of this blackout.
Do you mean the ability of the middlemen to negotiate carriage agreements?
Or the ability of broadcasters to move to a FOTI business model?
If the latter, then Sinclair, et al will need to convince the content owners
(and the sports leagues) to give them the rights to make the programming
available FOTI.
Station are already present on your neutral network. Problem
is they do not have the rights to make the content people want
to watch available - the content owners hold that card.
I've covered all of that. The content owners are the *only ones* that matter.
As people drop their linear service, the content owners are taking steps.
Only Craig seems unable to grasp this reality.
Yup. CBS just signed up another station group to CBS All Access.
Unfortunately Bert is unable to grasp the reality that the content owners are
not listening to him.
There would be no reason for such agreements if the content
owners and their affiliates adopted your business model.
They HAVE BEEN, Craig. HBO Now, Sling TV, same to come with Showtime and
others, Amazon Prime, Netflix, all obvious examples of content owners, who
previously guarded their content inside garden walls, having broken out of
these walls. Yes, ESPN has learned they have to tighten their belt. That's
how competition works.
Nothing has changed for most of the content that is exclusive to the big
bundles. The deal to carry ESPN on Sling is not having much impact. HBO Now may
be doing a little better, but they were never part of the bundle. Technology is
now making it possible for HBO to go direct and follow in the footsteps of
Netflix.
I feel no compulsion to perpetuate the bad old ways. Technology has moved on.
No need to perpetuate old business models.
Have you talked personally with Iger, Skipper and Moonves recently?
Do they agree with you?
Regards
Craig
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