16 March 2010

must carry

 

Broadcast, cable… What’s the difference?

Wednesday, November 12th, 2008

There are adults today who have never known a world without cell phones, color television or ATMs. These are people who have had cable television all of their lives (not to mention Internet access, DVRs, DVDs, and so on for a shorter period of time). This actually presents significant challenges to the cable industry.

To people who have always had cable, there is no difference between an over-the-air (OTA) broadcast channel and cable offerings. However, in both the business and regulatory environments, the difference between OTA television and cable matters. The business models are different, the ad revenue streams are different, the content regulation is different. Whether you run a local TV station or a cable system, a broadcast network or a cable net, you live with these differences everyday.

To viewers, those differences are invisible. They cruise around the channel lineup, probably not paying any attention when they’re tuned to a cable channel and when they’re looking at a broadcast station. They may be vaguely aware the rules for swearing vary between basic cable and networks like NBC, CBS, ABC, Fox, or the CW – although, as broadcast standards have changed over the years, the differences aren’t as stark as they used to be. Even if they see that distinction, they may not know this is because broadcasters use the public airwaves, while cable programmers do not.

Another example: If a cable programmer – Animal Planet, Comedy Central, Turner Classic Movies – wants to be carried by a cable operator, then that network has to make its pitch. It has to demonstrate the value it will deliver and then an agreement is negotiated. An OTA broadcaster can choose between Must Carry or Retransmission Consent status in order to gain carriage. As NCTA President & CEO Kyle McSlarrow pointed out in testimony earlier this year, “it’s not a free market negotiation.” For example, if negotiations between a cable operator and a broadcaster go badly, that operator can’t turn to an out-of-market broadcaster that carried the same programming.

You can argue that the average viewer doesn’t need to know the difference. They watch what they want to watch and they don’t care whether the programming is cable or broadcast. But you cannot ignore the impact of these differences. They can be seen all the time.

I’ve mentioned the issue of must carry/retrans, which I blogged about earlier when clashes between Time Warner Cable and broadcaster LIN TV were in the news. I’ve written multiple times about the distinction between the broadcasters’ Digital TV Transition and the cable industry’s migration to digital; just recently, my colleague Michael Turk responded to a Consumers Union letter that seemed to combine the two. I’ve written about the so-called “cord-cutters,” who aim to get all their TV via the Internet; I mentioned how little cable programming is available online as compared to broadcast television – an issue which is a direct result of their differing business models. (Will Richmond writes about this issue in more detail today.)

When discussing television, and the impact of various policy proposals, it is useful to be aware that the telecommunications and television industries are still rooted in historical traditions, no matter how much it seems like all the old rules are gone. While public policy may eventually catch up with the rapid changes of the last decade, we’re not quite there yet. We must remain cognizant of that in applying a one-size-fits-all model to services that vary greatly – whether you can see the differences or not.

Retransmission Consent and the DTV Transition

Wednesday, September 17th, 2008

Earlier this week, the House Energy and Commerce subcommittee on telecommunications and the Internet held a hearing: “Status of the DTV Transition: 154 Days and Counting.” As a reminder that the Digital TV Transition is about over-the-air broadcast TV stations, one could note some of the issues raised in press coverage.

Some viewers had issues in Wilmington with over-the-air reception of the new DTV signal; some had problems setting up converter boxes with their analog TV sets.

NCTA President & CEO Kyle McSlarrow had a little different perspective, as he testified at that hearing. He focused on the issue of retransmission consent and how it would be effected by the transition. This FCC fact sheet covers the details, but suffice to say that retrans (and the related term “must carry”) refer to how cable operators can carry broadcast stations.

Here is some of the coverage of his testimony:

Here is a link to the text of McSlarrow’s comments and I’ve embedded the audio below (which runs just under six minutes).

 
icon for podpress  McSlarrow Testimony 9/16/08: Play Now | Play in Popup | Download

To help you understand this, you need to understand that retrans and must carry play a critical role in ensuring you can see your local broadcast stations as part of your cable lineup.  Some of the existing deals will lapse around the end of the year, right before the Feb. 17 transition date.

Last month, the NAB Board of Directors pledged to identify a Retransmission Consent Quiet Period. NCTA issued this statement:

“In recent months, we have discussed with NAB the need to recognize the potential for consumer confusion and disruption involved with retransmission consent disputes that might arise as we approach the broadcasters’ digital TV transition on February 17, 2009. We appreciate NAB’s acknowledgment that this is a very real concern, and continue to support efforts to minimize potential consumer confusion through the adoption of a quiet period. But the reality is that many outstanding retransmission consent agreements expire by the end of 2008. Any voluntary quiet period that does not begin before the agreements actually expire – or which is too brief to preclude potentially confusing messages about broadcast carriage during the time of the actual DTV transition – represents the illusion of a commitment and does not serve the consumer.”