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The Programming Disputes Thread

https://www.hollywoodreporter.com/t...race-case-could-reshape-bias-lawsuits-1245950

Now the Byron Allen/ Comcast dispute could end up in the Supreme Court. And this may affect the future of TV disputes for Byron Allen given that he has recently gotten local TV stations in certain parts of the country.

While the TV mogul alleges racism in Comcast's refusal to license his niche channels, U.S. businesses worry that a win for Allen during the new high court term would increase legal costs and hurt their reputations.
When Byron Allen first launched a legal rampage back in 2015, few would have guessed he would get to the Supreme Court with a case that could transform the way discrimination lawsuits are handled and represents a coda on 19th century Reconstruction efforts after the Civil War.

Once known as the entrepreneur who debuted as a stand-up comedian on The Tonight Show as a teenager, Allen, 58, sued cable operators and satellite distributors after they refused to license his small channels devoted to topics including criminal justice, cars and pets. He hired an attorney who defended the city of Los Angeles in the Rodney King beating case and demanded tens of billions of dollars via allegations of a racial bias conspiracy against Comcast, DirecTV, Charter and others.
 
While I'm sure DIRECTV lost thousands of subscribers anyways from viewers unable to watch Seahawks games on KAYU and KFFX. On the other hand KNDO is still off after a month...DIRECTV can pound sand.
 
https://www.broadcastingcable.com/news/starz-warns-comcast-subs-channels-could-go-dark

Starz Could end up in a dispute with Comcast on December 10th.

Lionsgate’s Starz has begun warning subscribers that its 17 channels could be dropped and replaced by Comcast as soon as Dec. 10.

Omari Hardwick in Starz's Power
Starz' 'Power'

Credit: Starz

The simmering dispute has led to reports that Lionsgate is considering spinning off Starz, which it bought for $4.4 billion in 2016.

Lionsgate shares were down nearly 3% in midday trading.

At the same time, Epix reached an agreement with Comcast to be included in Xfinity TV premium packages, apparently replacing Starz channels.
 
Comcast doesn't get into disputes that often it seems. Interesting that they are duking it out with STARZ.
 
https://www.fool.com/investing/2019/09/01/disney-gives-amazon-the-cold-shoulder.aspx

Amazon may not have a streaming contract to air Disney+ content.



Yes even on App TV Outlets there is also a carriage dispute and this time its between Amazon and Disney+ over streaming rights for Fire TV users.



https://www.broadcastingcable.com/news/disney-adds-distribution-with-amazon-samsung-lg

An Update now Disney+ has a contract to appear on Amazon fire

The Walt Disney Co. that when its Disney+ streaming service launches next week, it will be available via additional distributors, including Amazon Fire, Samsung and LG.

Disney Plus Logo
Disney CEO Bob Iger announced the new distribution deals during the company’s earnings call with analysts Thursday. Previously announced distributors include Apple, Google, Microsoft, Sony and Roku.

Iger also announced that Disney+ will be launching in European markets, including the U.K., France, Germany and Spain in March.
 
https://www.hollywoodreporter.com/t...race-case-could-reshape-bias-lawsuits-1245950

Now the Byron Allen/ Comcast dispute could end up in the Supreme Court. And this may affect the future of TV disputes for Byron Allen given that he has recently gotten local TV stations in certain parts of the country.

https://deadline.com/2019/11/comcas...essman-letter-byron-allen-lawsuit-1202781178/

Here is an update on the Byron Allen/ Comcast dispute

Less than a week before Comcast and Department of Justice lawyers will face off against Byron Allen in the Supreme Court in the Entertainment Studios boss’ $20 billion discrimination lawsuit against the NBCUniverisal owner, a prominent member of Congress now wants the telecommunications giant brought down to size.

AP
“Comcast has enjoyed the largesse – as has the cable industry, in general – of the African?*American and other minority communities and has reached such prominence that it now disregard these communities with a cold, callous corporate insensitivity that is stultifying, arrogant, harmful, and intensely painful,” writes Rep. Bobby Rush in a letter last night to Comcast CEO Brian Roberts that Deadline has obtained.
 
https://www.reuters.com/article/us-...ate-with-att-in-directv-dispute-idUSKBN1XI1YY

Here is the FCC responding to the AT&T Dispute.

WASHINGTON (Reuters) - The Federal Communications Commission on Friday said it was directing broadcast station groups to go to the negotiating table over whether to allow local stations to air on AT&T Inc’s DirectTV after some consumers have been without access for five months.


In June, AT&T filed a bad faith complaint against nine individual station owners, which collectively pulled 20 stations in 17 cities from DIRECTV, DIRECTV NOW and/or U-verse. The nine station groups are either managed or controlled by Sinclair Broadcast Group, AT&T said.

One of these owners controls three ABC, CBS, NBC or FOX affiliates; another has two, and five owners have one. AT&T said it has reached agreement with three of the nine broadcasters named in the complaint.

AT&T reached settlements with two of the groups, while the FCC said the seven remaining broadcast station groups “violated the per se good faith negotiation standards” and cited repeated delays by the negotiator for the owners in agreeing to talks. “This is the most egregious example of delay that we have encountered since the good faith rules were adopted,” the FCC said.
 
is it possible for the FCC to start yanking the licenses for TV stations and their owners for not playing ball in negotiating a retransmittion deal.

Something needs to be done to stop the cable and satellite systems and hold them responsible when don't play ball in extended disputes as well. There are a lot of times that they're just as greedy and guilty.
 
https://www.mediaplaynews.com/doj-drawn-into-comcast-starz-carriage-dispute/

Now the DOJ responds to a dispute with Starz

With legacy pay-TV under siege from cord-cutting subscribers and high-profile alternatives such as Netflix, Amazon Prime Video, Hulu and now Apple TV+, the status quo for traditional carriage agreements has gone out the window.

And so it was that Comcast last month quietly announced it would soon end Xfinity subscriber access to Starz, the premium movie and TV service it acquired in 2016 for $4.4 billion.

The news was significant since Comcast represents about a third of Starz’ 24.4 million subscribers. Starz, which operates its own branded $8.99 monthly subscription streaming service, has been a profit vehicle for Santa Monica, Calif.-based Lionsgate.

Comcast reported it will replace Starz on Dec. 10 with Epix, the premium service owned by MGM and formerly Lionsgate, unless a new agreement can be reached. The news has contributed to a 9% drop in Lionsgate’s stock valuation — which is already down nearly 50% in the fiscal year.
 
https://www.nytimes.com/2019/11/23/business/media/byron-allen-fights-comcast.html

Here is the ongoing lawsuit in the Byron Allen/ Comcast dispute.

He broke into the entertainment business as a teenager, playing comedy clubs in Los Angeles and making his first appearance on “The Tonight Show” at age 18. He gained fame as a host of the 1980s NBC hit “Real People” before founding Entertainment Studios in 1993. That company has grown into an empire, with a film division and nearly two dozen television properties, including the Weather Channel, which it acquired last year for $300 million.

Byron Allen offers his story as a model of African-American economic success. In recent years, he has also fashioned himself a civil rights crusader, battling what he says is the racism in corporate America with lawsuits and incendiary rhetoric.

In his $20 billion lawsuit against Comcast, the nation’s largest cable company, Mr. Allen has risked alienating would-be allies like Al Sharpton and the N.A.A.C.P. while drawing the Trump administration as one of his opponents.

“There’s nothing polite about this situation,” Mr. Allen, 58, said in an interview. “I’m going to be loud, proud and I’m going to make a change.”

He filed the lawsuit in 2015, contending that Comcast, after discussing a deal to carry six of his company’s channels, had turned it down in violation of the Civil Rights Act of 1866. The nation’s oldest federal civil rights law, it gives “all persons” the same right “enjoyed by white citizens” to “make and enforce contracts” and “to sue.”

The case was thrown out three times before the United States Court of Appeals for the Ninth Circuit, in San Francisco, ruled last year that the district court had “improperly dismissed” it.


Also there are Civil Rights issues coming into play plus retrans disputes with channels that Entertainment Studios owns.
 
https://deadline.com/2019/12/locast...oadcasters-waited-too-long-to-sue-1202800460/

Locast in a dispute with "the Big 4" over OTA Signals and alleged piracy.

David Goodfriend, founder of controversial not-for-profit outfit Locast, said the parent companies of ABC, CBS, NBC and Fox “waited too long” to sue him over the alleged theft of their signals.

He also questioned why they didn’t seek a temporary restraining order to halt the two-year-old company’s operations, as they did in the case of Aereo, a similar case that arose years earlier. “I think the reason they didn’t seek that TRO,” Goodfriend said, “is that they realized full well that they had waited too long and would have lost. It’s hard to show irreparable harm when you’ve done nothing for a year and a half.”
 
https://www.broadcastingcable.com/news/stelar-sunset-dec-31

STELAR to expire on December 31st.

The Senate has put the STELAR retransmission consent reform vehicle on blocks, apparently for good.

As expected the Senate has passed compromise bills that make the retrans good faith negotiation mandate for broadcasters and MVPDs permanent and sunsets the every-five-year renewal of the satellite distant signal compulsory license, which was most recently renewed in 2014 as STELAR, the Satellite Television Extension and Localism Act.

Some satellite customers could lose access to TV station signals when the current law sunsets Dec. 31, but it is unclear how many.


The compromise bills both originated in the House, the Television Viewer Protection Act (TVPA), which makes good faith permanent, and the Satellite Television Community Protection and Promotion Act of 2019, which adjusts/sunsets the license, as well as requiring truth-in-billing fee disclosures by MVPDs--which cable ops weren't calling for--and prohibiting MVPDs from charging consumers for some equipment.
 


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