[opendtv] Interesting case of WealthTV vs the MVPDs

From: "Manfredi, Albert E" <albert.e.manfredi@xxxxxxxxxx>
To: "opendtv@xxxxxxxxxxxxx" <opendtv@xxxxxxxxxxxxx>
Date: Fri, 16 Oct 2009 16:58:46 -0500
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09D-01A1.pdf

What makes this case interesting to me is: (a) it provides a demonstration of 
how MVPDs, not broadcasters in this case, act as gatekeepers, (b) the effect 
the absence of multicast must-carry has on independent productions, (c) the 
second-tier category assigned to programming only available as VOD, and (d) the 
consequent second-tier (or probably lower than that) desirability of having 
only Internet availability, compared with having a linear stream.

Some of this flies in the face of what I consider to be the "common wisdom" 
often expressed on this list.

MOJO and WealthTV supposedly provide similar HD programming, aimed at wealthy 
males in the 25-49 year old bracket primarily. Althought their styles are quite 
different. MOJO is more hip and irreverent, WealthTV is more relaxed, perhaps 
more appealing up to the 60+ bracket. Both of these channels were created at a 
time when HD programming sources were still scarce.

MOJO is affiliated with MVPDs, whereas WealthTV is indepenently produced. 
WealthTV is having a tough time being carried by many MVPDs, so it filed a 
complaint with the FCC, against Comcast, TWC, Cox, and Bright House Networks. 
WealthTV's position is that these MVPDs discriminated against WealthTV, 
favoring their affiliated MOJO network to carry this affluent-male-oriented 
programming.

My first reaction was, notice how MVPDs behave as gatekeepers as much as 
broadcasters do.

My second reaction was, why not just put your stuff on the Internet? Or, rent 
space on OTA multiplexes, and get MVPD carriage via must-carry?

It looks like the OTA multiplex idea didn't work mostly because must-carry 
doesn't cover the multicast streams. The example given was Cox refusing to 
carry WealthTV even if WealthTV was transmitted by a CBS-affiliated OTA station 
(KLAS-TV in Las Vegas). Because, in the case of KLAS-TV and Cox, it was Cox 
corporate management that would have to make the carriage decisions for Cox, 
and apparently Cox would refuse to carry any national net automatically, just 
based on OTA multicast availability. That was enough to prove that at least Cox 
was not disriminating against WealthTV based on Cox's affiliation with the 
competing MOJO.

Interestingly, TWC did agree to offer WealthTV, but only as VOD. No room on the 
broadcast frequencies of TWC. But that wasn't good enough for WealthTV. 
Evidently, getting linear carriage is much prefererable to VOD. That's 
something to consider, since availability of programming on the Internet is 
quite comparable to VOD, although even more diluted by other stuff. Perhaps 
this is not quite the holy grail and the only way to the future.

Similar problems with Comcast, with an additional twist. Comcast did agree to 
linear carriage of WealthTV, but only in parts of the DMA. WealthTV was opposed 
to this idea.

Bright House showed that interest in WealthTV was very low among its subscriber 
base.

Long story short, the burden of proof remains on WealthTV, to show that they 
were discriminated against based on the competing MOJO's affiliation with the 
MVPDs. And the FCC recommends that WealthTV's complaints be denied.

I think WealthTV should simply keep at it, without expecting instant success as 
a channel with nationwide footprint?

Bert
 
 
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[opendtv] Interesting case of WealthTV vs the MVPDs

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