FCC Moves to Close Sports Loophole

[stationless listener]

http://www.televisionbroadcast.com/article/91768
http://online.wsj.com/article/SB10001424052748703438404574598353644590402.html?mod=googlenews_wsj

Order Would Give Dish Network, DirecTV and Others Access to Sports Broadcasts Withheld by Competitors

This is concerning people who live in areas where the cable companies own the sports franchises and do not allow the satellite services access the programming. EX. Cheapc...ermm...Comcast and the Flyers and 76ers.

I guess with the proposed merger of NBC and Cheap...gah...Comcast the pressure to do something like this is even greater. The question is whether the FCC has legal authority to do it or do they need Congress' blessing (which I don't think is that hard to do with its current makeup) for that to happen.

 

[Bengalsfan]

I would not think the FCC or Congress would have a legal leg to stand on here. This is a private business....oh, wait a minute. Congress has already shown it has no qualms about nullifying contracts between private enterprises so that's a big never mind there. If the Congresscritters think they'll get a few votes out of it, they will do whatever they need to.

 

[philosofy]

We have this problem in San Diego. The Padres are only on cable channel SD4 (Cox and Time Warner) but not AT&T Uverse or either satellite company. I don't personally follow baseball but I know a few people that have switched from cable to something else and been disappointed to find that the local team wasn't on anymore.

 

[DToTheJ]

And as a result, Padres games carried by Cable Channel 4 - as well as Phillies games carried by Comcast SportsNet Philadelphia - are not included in the MLB Extra Innings premium cable package.

 

[JayR]

From Philly.com:

FCC seeks to close "terrestrial loophole"

For years, the terrestrial loophole has been a source of angst for Philadelphia area sports fans because it forces them to subscribe to Comcast to watch the local teams on television. Because of the loophole, experts say, satellite TV's market penetration in Philadelphia is one of the lowest in the United States.

It's good to see the FCC take action on something other than a "bad" word (and Philly sports fans know a thing or two about "bad" words).

;D

 

[JayR]

I was trying to edit my previous post but ran out of time...

From The Tennessean:

Satellite users may get CSS

Southeastern Conference football and basketball fans who are satellite television customers may soon get help from the federal government to see more games.

I live in the CSS footprint. Whenever I try to tune in to one of the Comcast SportsNets (on DISH Network's Multi-Sport Pack) airing the SEC game simulcast from CSS it is blacked out.

It would be nice to watch those games and other conferences' games.

 

[ding12]

I would not think the FCC or Congress would have a legal leg to stand on here. This is a private business....oh, wait a minute. Congress has already shown it has no qualms about nullifying contracts between private enterprises so that's a big never mind there. If the Congresscritters think they'll get a few votes out of it, they will do whatever they need to.

They are already involved in program access:
http://www.multichannel.com/article/130372-FCC_Extends_Program_Access_Rules.php
and the loophole started when Comcast used the PRISM channel network, based on terrestial means for CSN-Philly instead. One irony was Comcast was a minority owner in the Primestar satellite company and Comcast essentially blocked that service out of the sports channel.

From the link, the renewal was for 5 years starting at 2007, so do wonder why it's an issue now if program access as it stands is for 2007-2012. Perhaps its somewhat related for the Comcast NBC deal, which the FCC and maybe DOJ will be involved in examining and clearing.

 

[ShawnHill1]

We have this problem in San Diego. The Padres are only on cable channel SD4 (Cox and Time Warner) but not AT&T Uverse or either satellite company. I don't personally follow baseball but I know a few people that have switched from cable to something else and been disappointed to find that the local team wasn't on anymore.

I read elsewhere that the Padres' contract with Cox/Channel 4 San Diego after 2010, and both sides have said they don't plan renewing. Regionally, as far as cablecast rights, that leaves only Fox Sports West and Prime Ticket as suitors, which means creating a San Diego-centric feed since the Angels and Dodgers games can't televised there.

 

[JayR]

We have this problem in San Diego. The Padres are only on cable channel SD4 (Cox and Time Warner) but not AT&T Uverse or either satellite company. I don't personally follow baseball but I know a few people that have switched from cable to something else and been disappointed to find that the local team wasn't on anymore.

I read elsewhere that the Padres' contract with Cox/Channel 4 San Diego after 2010, and both sides have said they don't plan renewing. Regionally, as far as cablecast rights, that leaves only Fox Sports West and Prime Ticket as suitors, which means creating a San Diego-centric feed since the Angels and Dodgers games can't televised there.

Doesn't the San Diego area already receive both FS West and Prime Ticket? If that's the case then a "San Diego-centric feed" already exists.

 

[ShawnHill1]

We have this problem in San Diego. The Padres are only on cable channel SD4 (Cox and Time Warner) but not AT&T Uverse or either satellite company. I don't personally follow baseball but I know a few people that have switched from cable to something else and been disappointed to find that the local team wasn't on anymore.

I read elsewhere that the Padres' contract with Cox/Channel 4 San Diego after 2010, and both sides have said they don't plan renewing. Regionally, as far as cablecast rights, that leaves only Fox Sports West and Prime Ticket as suitors, which means creating a San Diego-centric feed since the Angels and Dodgers games can't televised there.

Doesn't the San Diego area already receive both FS West and Prime Ticket? If that's the case then a "San Diego-centric feed" already exists.

They do get both channels via satellite, and Prime Ticket is only available (last time I checked) in northern San Diego County; FS West is available market-wide. I'm not exactly sure what programming is aired in place when the Dodgers and Angels are playing on the FSNs; either there's just a blackout screen, or my best guess is that use FSN filler programming (Poker, Best Damn, etc.). DirecTV does have a Fox Sports West/Prime Ticket alternate feed channel, but it hasn't been used since it was created.

 

[TexasTom]

I would not think the FCC or Congress would have a legal leg to stand on here. This is a private business....oh, wait a minute. Congress has already shown it has no qualms about nullifying contracts between private enterprises so that's a big never mind there. If the Congresscritters think they'll get a few votes out of it, they will do whatever they need to.

That the FCC has the right to get involved in program carriage/distribution contracts was established back in the sixties and early seventies, when they interjected themselves into broadcast network/affiliate relations.

The result was quite a bit more competition -- for example, that FCC interference forced the networks to accept affiliations with UHF stations in markets with one or two VHF stations. Prior to that, you would see a situation where all the UHF station would only get the leftovers from the three networks that were rejected by the local VHF stations, which made it hard for these stations to be remotely competitive.

Further FCC interference eliminated the arrangements by which off network reruns were syndicated by companies owned by the networks -- and which were regularly accused of favoring their own affiliates in syndication arrangements for popular reruns. This, in turn, allowed independent stations to become more competitive in many markets. That, in turn, eventually allowed these stations to become strong enough to form the basis from which Fox was able to launch a fourth network

The point is this -- judicious interference in these contract arrangements can boost competition in a way that is ultimately good for both the viewers and the business.

 

[FreddyE1977]

I wonder if this will impact the DirecTV/Versus standoff now heading into Month 4?

In my mind it is a very legitimate issue if one company controls both the programming and
the retail distribution.

 

[stationless listener]

Looks the effects of the decision are becoming known now: http://www.broadcastingcable.com/article/453805-Cox_Will_Give_AT_T_Others_Access_To_Padres_Games.php

Cox has decided to make Padres baseball games available to AT&T, DirecTV and DISH, settling a long-standing dispute over access to what its competitors argued was must-have sports programming.

The FCC last Jaunuary voted to get rid of the exemption from access regulations for terrestrially delivered regional nets like Cox-4 in San Diego, which has the rights to the Padres games.

Under the FCC's newly narrowed rules, cable operators that do not share their owned terrestrially delivered regional sports networks with their competitors will be presumed to be in violation FCC rules against unfair acts or practices.

 

[DToTheJ]

Yay! Now, folks who have the MLB Extra Innings package can watch the Padres feed of Padres games!