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FCC orders ME-TV 3 WJLP off the air

If WJLP were given virtual channel 1, the cable systems would not move NY1, more likely they would put WJLP on a very high cable channel nobody would find by browsing.
This isn't about cable channel position, it's about off-air reception.
 
Actually, it IS about the virtual channel. The virtual channel number will impact placement on cable and satellite systems.

Must carry stations can demand placement on their virtual major channel number or "better" (or some other channel based on a negotiation). If WJLP gets virtual channel 33, it could get placed on 33 or lower. If WJLP ends up with channel 3, it could theoretically insist on prime real estate between WCBS-TV and WNBC...or give it significant leverage in negotiations for a "lesser" position on the cable lineup. The RF channel is not relevant.
 
Must carry stations can demand placement on their virtual major channel number or "better" (or some other channel based on a negotiation). If WJLP gets virtual channel 33, it could get placed on 33 or lower. If WJLP ends up with channel 3, it could theoretically insist on prime real estate between WCBS-TV and WNBC...or give it significant leverage in negotiations for a "lesser" position on the cable lineup. The RF channel is not relevant.

There is a loophole to that, and I suspect it would be in play here. If the desired channel number is already in use from an existing agreement between the cable system and another station, the newcomer cannot break that agreement with their own demand.

I suspect channel 3 is already assigned by previous agreement to the existing channel 3 stations.
 
There is a loophole to that, and I suspect it would be in play here. If the desired channel number is already in use from an existing agreement between the cable system and another station, the newcomer cannot break that agreement with their own demand.

I suspect channel 3 is already assigned by previous agreement to the existing channel 3 stations.

There are a couple of issues. WPXN-TV negotiated an agreement for carriage on Cablevision on Channel 3 of their lineup...even though they are actually Channel 31 (virtual). They've been there for years. Cablevision and WPXN-TV believe it will "confuse" viewers if a change were to occur (although they don't worry about other seemingly random lineup moves confusing viewers). Money talks.

Second, you have KYW-TV/Philadelphia and WFSB/Hartford in adjacent markets using virtual Channel 3 as their identifier. They claim that by assigning WJLP virtual Channel 3 it will cause confusion on the edges of the NY DMA where there would be overlap. This is despite the fact that similar situations have been worked out elsewhere and WJLP has agreed to use 3-10 and up as their PSIP to avoid conflict. Again, the major channel is the key here and will have impact on channel placement or leverage.

As for how it got here, love it or hate it, the law is the law and PMCM seized upon it. However I don't believe any of the nonsense about them wanting to serve the needs of the NJ and Delaware viewers. It's about getting prime real estate in the NY and Philly DMAs.
 
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