[opendtv] Re: FCC: Chairman Wheeler comment on Dish-Sinclair dispute
- From: "Manfredi, Albert E" <albert.e.manfredi@xxxxxxxxxx>
- To: "opendtv@xxxxxxxxxxxxx" <opendtv@xxxxxxxxxxxxx>
- Date: Tue, 1 Sep 2015 01:54:39 +0000
Craig Birkmaier wrote:
Take away retransmission consent and where would we be?
You don't need "retransmission consent," if no one is ever expected to
retransmit your signal on a walled-in, proprietary medium. All you need are
copyright laws. If the OTA broadcaster becomes a CDN, no one needs any
retransmission consent. Or alternatively, if OTA broadcasters don't want to get
involved, then the networks can deal with any other CDNs. My bank does not have
to get any "retrans consent" from anyone, to put up their web site.
The Fox News Channel serves as a good example. Fox used retrains
consent to launch the FX cable network.
Again, you are getting confused by the now-lacking walled-in proprietary
monopoly of the past. That whole concept vanishes with IP delivery, thanks to
the FCC's neutrality mandate. Fox creates FX, and Fox can (and does) provide FX
content on Hulu. Or, they could provide it on fox.com, if they so desired. Who
do they need "retrans consent" from to do this, Craig?
The 1992 Cable Act requires that every three years, every
local commercial television station has the right to elect
either must-carry or retransmission consent.
You're hopelessly mired in the mud, Craig. When a conglom deals with a CDN,
none of this comes into play anymore.
I agree that this is a new ballgame, and that the oligopolies
have helped to enable new "competitors" like Netflix and
Amazon.
You're missing the forest. Why exactly is it that Amazon, Hulu, and Netflix
don't worry about retransmission consent?? Sure, the service has to have the
rights to carry the content from different owners. But none of this is subject
to anything in the 1992 act. It's simply wholesalers dealing with retailers,
like anywhere else.
But we are not seeing any real breakthroughs,
Because you aren't looking in the right places. The breakthroughs are that all
manner of streaming TV sources **are not** in any way constrained by the act of
1992. Craig keeps looking for minor changes, like bundling choices, and missing
the forest all around. The breakthrough is that tons of TV material can be had
while bypassing the local monopoly. And that content owners are catching on to
this new paradigm.
Sling TV did not create itself out of special favors granted by
the FCC
I believe you are completely wrong about this.
No, I'm not. Matter of fact, Dish didn't even ask the FCC anything concerning
any new VMVPD ideas the FCC might have. No VMVPD status, ergo no relationship
with the 1992 act.
Comcast now owns NBC Universal.
Doesn't matter. When Comcast deals with the consumer, they are acting as
retailers. Wholesalers are the networks, and now CDNs become the retailers. And
the neutral IP pipe has to accommodate any source, so they cannot operate like
the old walled in MVPD, as gatekeepers.
They have no choice. You know this, because you keep telling us that
the content owners have the ability and control they need to dictate
how their content will be delivered.
Yes, they dictate, but you are missing that collusion between content owners is
a whole lot more difficult now. That's why the bundle formulas of the past
vanish. It was easy to collude when the customer only had one choice of
delivery pipe, with a single gatekeeper. Now, CBS can create All Access without
begging Disney for permission.
You mean like the monopolistic nature of broadcast TV
Sorry, but eyes roll over seeing this formulaic, ultra-conservative blather.
The congloms are hardly a monopoly. Look up the meaning of the word. The
monopoly was the delivery pipe, initially for technical reasons, and so the act
of 1992 had to be written. Your attempts to redefine words, just so you can
knee-jerk emit nonsensical political diatribe, is not convincing. The delivery
monopoly created the market distortions.
Bert
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