03 September 2010

retransmission consent

 

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.

More on Time Warner and LIN TV

Tuesday, October 7th, 2008

Following up on yesterday’s post about retransmission consent negotiations between Time Warner Cable and broadcaster LIN TV, there are a few additional details.

Some blogs had interesting reactions, such as CrunchGear and VideoNuze.  Since I’m not a sports fan, I neglected to note that this past weekend’s football games focused a spotlight on this issue.  According to Multichannel News, Time Warner and LIN continued their talks yesterday. A Bloomberg story from Friday adds some nuance about the financial issues lying behind the negotiations.

Viewers of a LIN station in New York, WIVB Buffalo, got upset when they noticed some critical comments were being deleted on an online forum.  For example:

  • A viewer in Lewiston: “I thought these forums were for discussion, complaints, compliments, etc? Why is it every time I come to this forum, the posts about the TW?CHANNEL4 are deleted/removed? Whats up with that???”
  • A viewer in Tonawanda: “I came here to topix on my lunch hour to find that there are all of the sudden NO posts about your fight with time warner since SATURDAY!?!?!?!?  Considering that there were about 40 topics here last night, I find it interesting that people who claim to be “connected” would resort to such censorship.”

And so on and so on

Speaking of online forums, Jeff Simmermon, Director of Digital Communications for Time Warner Cable, did an interview with the blog Austinist about the situation with KXAN, the LIN station in Austin, TX. In addition, Simmermon and KXAN knocked gloves on Twitter. Here are some excerpts:

    whitneyredman: @KXAN_News KXAN and LIN TV is freaking laaaame.
    JeffTWC: @whitneyredman — I know the feeling, Whitney. I can’t decide this any more than KXAN can … it’s all up to LIN TV.
    whitneyredman: @jeffTWC Does LIN TV have a Twitter? :)
    JeffTWC: @whitneyredman — no, they’re just a poor little media conglomerate with a couple TV stations to limp by on …
    KXAN_News: @JeffTWC It’s not ALL up to LIN, Jeff. Check out the facts at http://blogs.kxan.com/kxantimewarner
    JeffTWC: @KXAN_News — if “less than a penny per day per subscriber” is such a piddly sum, why are you guys making such a stink?
    KXAN_News: @jeffTWC I guess we could ask you the same thing…up there in your big tower in NYC.
    JeffTWC: @KXAN_News — everyone knows I’m promoting my business’s best interests here. You’re doing the same thing and calling it journalism.
    JeffTWC: @KXAN_News — I think the real question here is: which of us is rubber, and which of us is glue?

Time Warner also launched a website on the issue: The Truth Hurts KXAN! I mentioned that Time Warner produced a video explaining how subscribers can find some content from LIN stations online for free. The video (which you can see embedded below) also explains how to connect your computer to your television in order to watch that programming on TV.

UPDATE: In Green Bay, Time Warner has the website Tell the Truth WLUK!

LIN TV and the impact of retransmission consent

Monday, October 6th, 2008

If you live in one of certain key markets – such as Green Bay, WI; Buffalo, NY; Indianapolis, IN; Dayton, OH; Austin, TX; Toledo, OH; Springfield, MA; Fort Wayne, IN; Mobile, AL; Terra Haute, IN; or Columbus, OH – you may have a keener interest in the issue of retransmission consent than other readers of this blog.

The basics: Cable operators and other Multichannel Video Programming Distributors can’t retransmit broadcast signals (such as NBC, ABC, CBS, or Fox) without first obtaining the broadcaster’s consent.

TV station group LIN TV and Time Warner Cable have been in negotiations, but haven’t reached an agreement. At midnight last Friday morning when the existing carriage deal expired, LIN pulled the signals of 15 stations in 11 markets from Time Warner systems, which affects about 2.7 million of their subscribers.

While negotiations continued over the weekend, alternatives were promoted. LIN suggested Time Warner customers could switch to such competitors as Dish Network or FiOS TV. Time Warner has given away around 50,000 antennas to allow over-the-air reception of those broadcast signals and has also produced an online video that shows people how they can watch some broadcast programming over the Internet for free.

If you missed NCTA’s Kyle McSlarrow on C-SPAN’s The Communicators Saturday night, you can now watch the episode online (or catch the repeat tonight on C-SPAN 2 at 8:00 p.m. ET). One of the first questions he addressed was the issue of retransmission consent. NCTA has expressed concern that a number of carriage deals are set to expire at the end of this year, about six weeks before the Digital Television Transition occurs on February 17. There is potential for consumer confusion and disruption with these deals being renegotiated during this period.

While the NAB has volunteered a four-week quiet period surrounding the DTV transition date – two weeks before Feb. 17 and two weeks after – McSlarrow has proposed that a slightly longer quiet period would be beneficial for consumers, while hardly tipping the balance of power in retrans negotiations.

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).

 

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.”