Re: [Swprograms] OT: Regional sports networks

["Rob de Santos AFANA" <rdesantos@xxxxxxxxx>]

As a follow up to this discussion last month, the following two items
from yesterdays Multichannel News and Skyreport respectively: -Rob 

Multichannel News
DirecTV Tackles Adelphia Merger
By Ted Hearn 7/21/2005 5:58:00 PM

DirecTV Inc. wants guaranteed access to regional sports networks before
the federal government approves the takeover of Adelphia Communications
Corp. by Comcast Corp. and Time Warner Inc.

In comments filed Thursday, DirecTV told the Federal Communications
Commission that Comcast and Time Warner plan to build massive clusters
designed to give the MSOs the leverage to control the distribution of
regional sports channels, regardless of ownership.

DirecTV said the FCC should bar Comcast from withholding Comcast
SportsNet in Philadelphia. The direct-broadcast satellite firm also
called for the establishment of an arbitration process when talks over
sports channels break down.

DirecTV noted that the cable merger conditions it is supporting are
similar to the conditions the FCC imposed on News Corp.?s takeover of
DirecTV in late 2003.

-----------
SkyREPORT 7/22/05
DirecTV Takes on Adelphia Deal at Portals 

DirecTV addressed its issues with the pending acquisition of Adelphia
assets by Comcast and Time Warner Cable at the Federal Communications
Commission, telling those at the Portals that the cable transaction
should raise concerns about anti-competitive behavior. 

In particular, DirecTV said Comcast and Time Warner Cable in the past
have arranged to withhold, or raise the cost of, must-have regional
sports network programming in certain strongholds, such as Philadelphia
and Charlotte. "The transactions would create many more such 'regional
monopolies' where anti-competitive behavior would be likely," the
satellite TV company said in its comments on the deal. 

DirecTV pointed out a FCC finding that suggested the satellite TV giant
could adversely affect competition by arranging for temporary
withholding of affiliated regional sports programming from Fox. News
Corp. controls both Fox and DirecTV. Because of that, the commission
imposed conditions on News Corp.'s 2003 takeover of DirecTV by
prohibiting exclusive arrangements between the satellite TV company and
affiliated RSNs, as well as establishing an arbitration mechanism. 

Also in its comments, DirecTV took aim at Comcast and its regional
sports network in Philadelphia, the home town sports channel the
operator has successfully kept as a cable exclusive thanks to a loophole
in program access rules. 

"Although the program access rules prohibit discriminatory or exclusive
programming arrangements with cable-affiliated programmers, Comcast has
for years circumvented that provision in order to withhold the
Philadelphia RSN from competitors," DirecTV said. "More problematic
still are more subtle forms of discrimination such as uniform overcharge
pricing and other inventive fee structures that technically may fall
outside the scope of the program access rules." 

> -----Original Message-----
> From: swprograms-bounces@xxxxxxxxxxxxxxxx
> [mailto:swprograms-bounces@xxxxxxxxxxxxxxxx] On Behalf Of Rob 
> de Santos AFANA
> Sent: Wednesday, June 15, 2005 2:44 PM
> To: 'Joseph Buch'; 'Shortwave programming discussion'
> Subject: Re: [Swprograms] OT: Regional sports networks
> 
> 
> Thanks, Joe.  You stated that in clearer terms than I could
> have.  I also noted that Rich posted a link to the article 
> explaining Comcast and the Orioles, et al. are headed to the 
> FCC over carriage of the team.  
> 
> Sadly, the "audience" is usually unrepresented in these
> situations unless someone at the FCC or an enlightened judge 
> considers them. 
> 
> -Rob
> > -----Original Message-----
> > From: Joseph Buch [mailto:joseph.buch@xxxxxxx]
> > Sent: Wednesday, June 15, 2005 6:27 AM
> > To: rdesantos@xxxxxxxxx; Shortwave programming discussion
> > Cc: 'Richard Cuff'; 'Shortwave programming discussion'
> > Subject: Re: [Swprograms] OT: Regional sports networks
> > 
> > The rules for cable TV say if you never send your "local content" 
> > channel anywhere via satellite, then you are not obligated to make 
> > it available to Direct TV or DISH.  Comcast uses terrestrial 
> > microwave (or maybe fiber these days) to get its programming to its 
> > various service areas.
> > 
> > I believe the FCC acted in response to an intense lobbying effort by

> > Comcast to protect its "local content" from use by competitors.  In 
> > addition to exclusive sports coverage of the Phillies, Comcast has 
> > their own news channels with regional news, advertising, and 
> > features of potential interest to its customers.  Specifying that 
> > the programming could not have been sent via satellite was the FCC's

> > way of defining what was "local content".  They did not anticipate 
> > the wide availability of fiber paths which we have today.  Today 
> > cable TV is making a bit of a comeback against the DBS competition
> > by offering bundled phone and internet service and digital, 
> > on-demand programming.
> > 
> > As far as I know, there are no exclusive channels on the DBS 
> > services outside of the barker channels and the "How to install your

> > new access card" type channels.  Charlie Ergen does a monthly 
> > program on DISH for customer relations purposes but no cable company

> > would want to air that because he is always telling folks about the 
> > great new services and products DISH is planning.  DISH also has a 
> > lot of international content that is not available elsewhere.  These
> > programs are produced by others like Italy's RAI, Polands 
> > Radio Maria, and China's CCTV English, French, and Spanish 
> > services so they are not in the same category as content 
> > produced by DISH.
> > 
> > Joe Buch
> 
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