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Suns, Mercury to KTVK/KPHE

dhett said:
There should be no need for Gray to put KPHE programming on a subchannel of either KTVK or KPHO. KAZF and KAZS should be eligible for must-carry on the Flagstaff and Yuma cable and satellite systems, respectively, and any cable or satellite system refusing to carry KPHE beginning in October will be crazy. Same goes for Tucson-area systems that don't add KOLD 13.5. Besides, cable and satellite systems are no more obligated to carry a non-primary subchannel of a full-power station than they are a LPTV station. As for OTA coverage, KPHE is a 15 kW station, and covers well the populated areas of the Phoenix metro. (Signal contour, per RabbitEars.)

I, for one, am quite pleased with this announcement. I refuse to pay for television and fondly remember the days when Suns games were on channel 45 and Diamondbacks games were on channel 3. Some stations even carried Coyotes hockey and Rattlers indoor football. I look forward to watching Suns games again and might even take in a few Mercury games.
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I have an outdoor antenna pointed toward South Mountain at my location 22 air miles west of the towers, and can get nearly all the LPTVs (even the Globe LPTV stations). One of the few I can't get is KPHE. Unless Gray can get approval to use an omnidirectional transmitting antenna on Channel 16 (which may be tough without permission from NBC/Telemundo as KHRR in Tucson is broadcasting on the same frequency), I don't think the reception will improve.
 
Diamond Sports has filed an emergency motion asking the bankruptcy court to stay and void the Suns/Gray Television agreement:

The Debtors, regrettably, are compelled to seek entry of an order, substantially in
the form attached hereto, (a) enforcing the automatic stay with respect to the Suns Legacy Partners,
L.L.C.’s (the “Suns”) material and willful breach of their Agreement (as defined below) with
Debtor Diamond Sports Net Arizona, LLC (f/k/a Fox Sports Net Arizona, LLC) (“Diamond
Arizona”) and compelling the Suns to comply with that Agreement, (b) enforcing the automatic
stay with respect to Gray Television, Inc.’s (“Gray”) and Kiswe Mobile Inc.’s (“Kiswe”) (and/or
their respective affiliates’) exercise of control over Diamond Arizona’s property interests in the
Agreement, (c) voiding the Replacement Agreement (as defined below), (d) awarding damages to
Diamond Arizona caused by the Suns’, Gray’s, and Kiswe’s respective violations of the automatic
stay, and (e) granting any related relief.
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I haven't had a chance to read the whole thing yet to see what their arguments are.


Edit: So Diamond's argument is mostly redacted due to confidential information, but they are arguing that they have the right to first refusal. Looks like there is a hearing date for tomorrow, so there will probably be a response from the Sun/Gray Television later today.
 
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Apparently Diamond filed both an emergency motion and a lawsuit against Sun, Gray, and Kiswe in the bankruptcy court. Finally got a moment to read Diamond's lawsuit. Diamond's argument is that:
The term of the Agreement is 12 years inclusive of the 2022–2023 NBA season, which is ongoing. Under the Agreement, Diamond Arizona is the “sole and exclusive holder” of the Suns’ Standard Television and Non-Standard Distribution rights during the term of the Agreement. Agmt. § 6. The Agreement remains in effect. Diamond Arizona has made all rights fee payments required under the Agreement. See Agmt. § 8. 16. The Agreement includes a comprehensive set of backend rights in favor of Diamond Arizona, including a right of first refusal.
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The terms of the "right of first refusal" are redacted on the lawsuit.

 
The Suns have issue a statement in response to the lawsuit according to the Arizona Republic. Mat Ishbia, Phoenix Suns respond to Diamond Sports Group's lawsuit over leaving Bally Sports Arizona

Nobody is surprised by this lawsuit and it will not stop the Phoenix Suns and Mercury from making our games available to as many people as we possibly can. The fans, players, and everyone in our organization knows this is how all of us win together, on and off the court. I firmly believe the future success of the NBA and WNBA is about getting our product to everyone who wants it versus just the people who pay for it.
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KeithE4 said:
I can only get 44 on the one TV that I can connect to an outside antenna. Because of the grounded chicken wire (a 30-40 dB attenuator from DC to daylight) that's holding up the stucco, none of the LPTV channels can reach my indoor antennas without severe breakups. Most aren't viewable at all. I'm in NE Mesa, 25 miles from South Mountain.

Also, looking at that map, that's an awful lot of money that Channel 44 can't reach, thanks to Camelback Mountain blocking much of Paradise Valley.
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I can't get 44 reliably where I am at also. If 3 or 5 doesn't carry 44 on a subchannel then I won't be able to watch it.
 
KeithE4 said:
I can only get 44 on the one TV that I can connect to an outside antenna. Because of the grounded chicken wire (a 30-40 dB attenuator from DC to daylight) that's holding up the stucco, none of the LPTV channels can reach my indoor antennas without severe breakups. Most aren't viewable at all. I'm in NE Mesa, 25 miles from South Mountain.
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I'm 8 miles line of sight (SE) from the South Mountain towers but the majority of the LPTV signals are not watchable - with indoor or outdoor antennae. Like KeithE4, my house is chicken wire/stucco so dropouts are common. No great shakes on the basketball games though because I don't watch those anyway. There are a few LPTV programs I would watch if the signal was good.
 
So the Suns and Gray Television filed their Objections today. A big part the Suns argument is a) the Suns and Diamond negotiated for over a year between 2021 and 2022 and could not come to a renewal agreement. So after the Suns Final Offer to Diamond was rejected, they went on the market and started negotiating with other broadcasters. b) that Gray Television agreement is more favorable to the team because there is the difference between a cable only RSN vs. over-the-air station when it comes to the added value of advertising due to how many more fans will be able to watch.

Also, I did noticed in regards to the Mercury at the end of Gray's Objection pretty much says the Mercury should not be affected.
As previously discussed, Gray understands that the Debtors have no existing or expiring rights agreement with respect to the Mercury and do not allege any violation of the automatic stay with respect to that team. Accordingly, there is no basis to void the Term Sheet with respect to the Mercury.
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Update from the hearing today according to CNBC
On Wednesday, Judge Christopher Lopez ruled the Suns violated a section of the bankruptcy code and must comply with the terms of their current agreement with Diamond Sports. He added the Suns and Diamond must come to a consensual agreement and find an appraiser to move the process forward.
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www.cnbc.com

Judge halts Suns' bid to exit bankrupt Diamond Sports network

A bankruptcy judge halted the Phoenix Suns' push to exit bankrupt Diamond Sports network in favor of a broadcast TV and streaming partner.
www.cnbc.com www.cnbc.com

Apparently an appraiser will have to decide if the Bally Sports/Diamond Sports Deal or the Gray Television Deal to has better better valuation.
 
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Court order has been added to the Docket. According to the order Suns/Gray Deal is voided. Mercury/Gray Deal is not affected.

the Court FINDS AND ORDERS THAT:
1. The Suns violated the automatic stay under Section 362(a)(3) of the Bankruptcy
Code.
2. The Suns shall continue to perform and comply with their obligations under the
Agreement in all respects.
3. All terms of the Replacement Offer and/or the Replacement Agreement that
impede on any rights Diamond Arizona has under the Agreement in any way are void. This
Order does not affect the rights under Agreement between Gray, Kiswe, and the Suns about the
Phoenix Mercury.
4. The Court reserves the right to hold a hearing about awarding costs and attorneys’
fees under Section 105(a) of the Bankruptcy Code at a later date. The Court retains exclusive
jurisdiction with respect to all matters arising from or related to the implementation,
interpretation, and enforcement of this Order.
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There's plenty of time for the Bankruptcy Court to resolve this before the 2023-24 season begins in October. All remaining Suns playoff games (hopefully more than just tomorrow's game 6) will be on ESPN/ABC or TNT.
 
AZFamily has added a news report about it to their website including a statement from the Suns.
www.azfamily.com

Bankruptcy judge halts Suns new television deal, for now

Diamond Sports Group, the owner of cable channel Bally’s Sports Arizona, asked for injunctive relief, claiming the team violated U.S. bankruptcy laws.
www.azfamily.com www.azfamily.com
The Phoenix Suns and Mercury are excited to continue giving our fans everything they want for the best possible experience and making our games accessible to everyone. We are committed to working collaboratively on a fair resolution that will be in the best interest of our fans, our community, and our players.
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KeithE4 said:
There's plenty of time for the Bankruptcy Court to resolve this before the 2023-24 season begins in October. All remaining Suns playoff games (hopefully more than just tomorrow's game 6) will be on ESPN/ABC or TNT.
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True, but the Suns say the longer this takes, the less likely they to be able to charge as much as they want to for court side ads and sponsorships as they can't price them until they know where their games will air. The Suns also said they have to compete in these sales against the Diamondbacks and Coyotes who have Diamond do these sales for them. The Suns asked the Judge to expedite the appraisal and time frame that Diamond has to consider a counter offer to 30 days from the court hearing, but the Judge denied the request saying it's not the court's job to rewrite their contract and they will have to follow the time frame the contract says (whatever that is). The Judge did say two sides should work together to get this started in a timely matter as additional delays would not look favorable to count.
 
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So a noticed of hearing has been filed in connection to the Diamond Sports motion against Phoenix Suns setting a hearing date for August 1 at 1 PM CT.

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I wonder what going to happen with the Coyotes rights if the Diamondbacks also move on from Bally's. Does Bally's hold on to the Coyotes and exist as some lame duck sports channel? Do the Coyotes end up with the Diamondbacks' channel? To Gray like the Suns?
 
inari said:
I wonder what going to happen with the Coyotes rights if the Diamondbacks also move on from Bally's. Does Bally's hold on to the Coyotes and exist as some lame duck sports channel? Do the Coyotes end up with the Diamondbacks' channel? To Gray like the Suns?
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I'd be surprised if Gray goes after either the Coyotes or the Diamondbacks. Their sports plate is full right now with the Suns, Mercury, and Rising.

But as to where either team could go, it makes me wonder if Fox and/or Scripps will ever get involved. Fox putting one of them on 45 and Scripps putting the other on 51 and/or 61 might work if both are willing. Neither has said anything AFAIK.
 
The Suns have announced their broadcast schedule for this season which also confirms that KAZF in Flagstaff and KAZS in Yuma will be broadcasting Arizona's Family Sports.

Also, new Phoenix Suns webpage for How to Watch games indicates Arizona's Family Sports network will be coming to DirecTV in Phoenix and Yuma and Dish Network in Phoenix soon. How to Watch

2023-24-Phoenix-Suns-Broadcast-Schedule-FINAL.jpg

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