[opendtv] Re: News: FCC Denies Retransmission Complaint Against Sinclair

  • From: Craig Birkmaier <craig@xxxxxxxxx>
  • To: opendtv@xxxxxxxxxxxxx
  • Date: Sat, 6 Jan 2007 09:35:44 -0500

At 8:14 AM -0800 1/5/07, John Willkie wrote:
And, you still (somehow) maintain that the balance of power hasn't shifted.
It isn't just that cable has the worse negotiators; it's that they need
broadcasters more than broadcasters need them.

Give it up John. They are one and the same. We can argue about the relationships of the networks and their broadcast affiliates, and the relationship of the companies that own the broadcast networks and the cable networks, but in the end its all the same thing. Five companies own 90% of the audience - i.e. the networks that are watched 90% of the time.

The cable and DBS companies have good reason to try and negotiate the lowest subscriber fees possible for each channel they carry. The media conglomerates and their affiliates have good reason to push these subscriber fees as high as they can. In the end, however, this is mostly a PR shell game. The companies to which you send your monthly check for TV service need to look like they are protecting their customers, so they make a lot of noise during re-trans consent negotiations, with the intention of trying to convince subscribers that they are bargaining for the consumer. The conglomerates and local broadcasters on the other side try to make it look like the multichannel systems are screwing the subscribers and that they are not getting a fair cut of the monthly booty.

What they BOTH want is for subscribers to bitch and complain when a popular channel is withdrawn during a re-trans consent battle. In essence they want the customer to approve the rate hike by calling their cable/DBS system and telling them they want to content at any cost.

The only problem for BOTH is that they can only push this scam to the point that the consumer can live with the pain. That means no more than about 10% rate hikes each year. The problem now is that all of the broadcast stations are drooling over the prospect of getting paid, not only for their analog signals, but their digital signals as well - especially the HD content, which is now considered to be "the new premium content," versus movie channels.

As broadcasters re-negotiate carriage, the cable/DBS systems and the consumers are facing major price increases. It is important to note here that the media conglomerates used re-trans consent in the '90s to rebuild their empire. Instead off cash they took in-kind compensation, like the preferred placement of ESPN, and the Disney Channel in the extended basic tier, and access to the systems for MSNBC, NBC, The Soap Opera Channel, FX, et al. Now they just want cash.

The pressure now to get $0.50 to $1.00 per month per broadcast channel is more than the systems and the consumers can handle, unless rates go up 15-20% per year, so the system is starting to squeak.


Their appeal to the full commission has zero chance of success, since no
novel issues or legal theories are present or hinted at.

Just a PR move, nothing more. The FCC is a willing partner in all of this, as is Congress. Its the political law of unintended consequences again.


Will MediaCom get a clue in time?  Churn-rate alert, even without
considering the $100/$150 per subscriber payment to viewers that Sinclair is
offering to make up for the inconvenience of subscribing to the non-whiners
at DirecTV.

DirecTV is not whining because they are already charging customers $5.99 per month for local channels, while cable customers have always expect the local channels as part of their limited or extended basic tiers. DirecTV is paying FAR MORE than $0.15 per sub for a broadcast channel, but that $5.99 is not going to cover their retrans costs much longer as local stations up their demands and push for that $1.00 per month goal. I suspect that one reason DirecTV is moving toward carriage of all locals in HD is so they can push that fee for locals up to $7.99 then $8.99, then $9.99...

Obviously Sinclair sees value in helping the DBS companies grab customers from cable, especially when they get paid for each new subscriber. The question is how much longer consumers are going to put up with this. The crossover point is rapidly approaching - the point where it is cheaper to buy the content you want directly, than to subscribe to a multichannel service.


Regards
Craig


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