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The Programming Disputes Thread

At least in West Michigan it doesn't really matter because those that have AT&T U/DirecTV can watch ABC on WOTV as Nexstar and them agreed on a new deal a few months ago.
 
In the last week or so I've seen Facebook posts claiming that Comcast is planning to drop FETV (Family Entertainment Television).

I am a Comcast customer (Springfield, IL headend) and I've never heard of this channel nor have I seen listings for this station anywhere in our cable lineup and online. I don't think FETV is or has ever been carried by Comcast locally.

Cord Cutters News story:

 

Tegna in a dispute with Directv


This dispute affects KUSA, WUSA, KXTV, KPNX, KING, KGW, KHOU-TV, WFAA.
I thought that happened a month ago.
 


Update Universal Music Group is in a dispute with Tik Tok and some of the biggest stars on this label like Taylor Swift, Drake, Adele, Bad Bunny and Billie Ellish will not be on Tik Tok due to the dispute.

Universal Music Group, which represents artists including Taylor Swift, Drake, Adele, Bad Bunny and Billie Eilish, says that it will no longer allow its music on TikTok now that a licensing deal between the two parties has expired.

UMG said that it had not agreed to terms of a new deal with TikTok, and plans to stop licensing content from the artists it represents on the social media platform that is owned by ByteDance, as well as TikTok Music services.

The licensing agreement between UMG and TikTok is expired as of Wednesday.
 



Here is more on the Tik Tok and Universal Music Group dispute. Yes this is like what we see on the TV side but this time it's related to platforms contract to use content from the labels that's at play.
 

Here is the current status of the Tik Tok/ Universal Music dispute.

TikTok has begun removing Universal Music Publishing Group (UMPG) content from the video app as it failed to reach a new licensing agreement with the music label, the social media firm said on Tuesday.
TikTok has also started to mute videos on its platform that feature songs written by any songwriter signed on to UMPG, after removing the songs from Universal Music Group (UMG) (UMG.AS), opens new tab, as the licensing deal expired on Jan. 31.

The company is likely to remove all the UMPG content before the end of February considering the legality of the matter, a person familiar with the matter told Reuters. TikTok, however, has reached out to UMG and is still open to negotiate a new deal, the source added.
 
GREEDY TV STATION OWNERS CAUSING CABLE AND SATELLITE TO RAISE RATES ON CUSTOMERS TO WATCH LOCAL TV
"Must Carry" fees are all that is keeping local TV alive in most medium to smaller market. Where I am in the Palm Springs metro, over 50% of TV revenue comes from those fees. Without them, local TV would have to cut back its news coverage... with one of the country's worst newspapers, we'd lose the only regular and reliable local news sources.
 

WB owned channels are not on FuboTV.
Warner Bros. Discovery-owned channels have left the Fubo live streaming TV lineup after the two companies were unable to agree on terms.In total, 19 WBD-owned Discovery channels left virtual MVPD Fubo as of Tuesday evening, a Fubo spokesperson confirmed to StreamTV Insider, including Discovery, HGTV, Food Network and TLC, among others. In addition, Fubo was unable to secure license rights for WBD’s Turner sports networks including TNT, TBS and truTV.

Both parties released separate statements with some degree of finger pointing.




Fubo for its part claims that it offered WBD “market rates for its content,” saying “despite Fubo’s efforts to negotiate in good faith, Warner Brothers Discovery did not provide any counteroffer, and insisted on continuing to offer us above-market rates for its content.”

“Fubo views Warner Brothers Discovery’s refusal to engage in good faith negotiations as another example of its abuse of massive market power that ultimately limits consumer choice,” Fubo continued in a statement provided to StreamTV Insider.
 

Here is the class action lawsuit on NFL Sunday Ticket.

The lawsuit was originally filed in 2015 by the Mucky Duck sports bar in San Francisco. On June 30, 2017, U.S. District Court Judge Beverly Reid O'Connell dismissed the lawsuit and ruled for the NFL because she said “Sunday Ticket” did not reduce output of NFL games and that even though DirecTV might have charged inflated prices, that did not “on its own, constitute harm to competition” because it had to negotiate with the NFL to carry the package. Two years later, the 9th Circuit Court of Appeals, which has jurisdiction over California and eight other states, reinstated the case. On Feb. 7, 2023, U.S. District Judge Philip Gutierrez ruled the case could proceed as a class action. Gutierrez on Jan. 12 rejected a final attempt by the NFL to dismiss the case.


The class action applies to more than 2.4 million residential subscribers and 48,000 businesses, mostly bars and restaurants, that purchased “NFL Sunday Ticket” from June 17, 2011, to Feb. 7, 2023. Google's YouTube TV became the “Sunday Ticket” provider last season.

The NFL might be the king of American sports and one of the most powerful leagues in the world but it often loses in court, especially in Los Angeles. It was in an LA federal court in 1982 that a jury ruled the league violated antitrust rules by not allowing Al Davis to move the Raiders from Oakland to Los Angeles.
 
"Must Carry" fees are all that is keeping local TV alive in most medium to smaller market. Where I am in the Palm Springs metro, over 50% of TV revenue comes from those fees. Without them, local TV would have to cut back its news coverage... with one of the country's worst newspapers, we'd lose the only regular and reliable local news sources.

I know I'm going to betray my total ignorance here, but I could use some education on the matter. I didn't know there was such a thing as "Must Carry" fees. I thought it was a case of
  • more desirable stations, that the cable company wants to carry (major networks as well as popular independents in-market), because viewers expect them, and would not want to subscribe without them, can exact fees and other concessions, such as carriage of subchannels and desirable channel spots, or
  • less desirable stations, that the cable company would prefer not to carry, because of low viewership (translated: they could carry a more desirable cable network on that channel), can invoke "Must Carry", provided they can get a usable signal to the cable company, but cannot charge fees on top of that (i.e., the carriage itself is the compensation)
I might be looking at the latter through limited-channel-space goggles, which wouldn't be an issue with broadband delivery, which has a greater channel capacity than they could possibly fill.

Obviously there's something missing in my knowledge base. Again, looking at it through limited-channel-space goggles (and dating myself in so doing).
 
No, you've got it right. "Must-carry fees" aren't a thing. There are "retransmission fees" (your first category above) and "must-carry," your second category in which no fees change hands.

Whether a station elects must-carry doesn't have much to do with channel capacity - it's a question of whether they think there's enough leverage in their programming to charge a fee.

That's usually just the Big Four in most markets, sometimes a CW or indie if it's a prominent enough one or carries local sports.
 
No, you've got it right. "Must-carry fees" aren't a thing. There are "retransmission fees" (your first category above) and "must-carry," your second category in which no fees change hands.

Whether a station elects must-carry doesn't have much to do with channel capacity - it's a question of whether they think there's enough leverage in their programming to charge a fee.

That's usually just the Big Four in most markets, sometimes a CW or indie if it's a prominent enough one or carries local sports.
Thanks for this information.

And am I also correct in understanding that when must-carry is invoked, it can only be the main x.1 channel, that x.2+ subchannels can be refused at the cable operator's discretion?
 
Thanks for this information.

And am I also correct in understanding that when must-carry is invoked, it can only be the main x.1 channel, that x.2+ subchannels can be refused at the cable operator's discretion?
That's correct. One program stream per station license is all you get for must-carry.
 
That's correct. One program stream per station license is all you get for must-carry.

Just out of curiosity, does it have to be the x.1 stream?

There are some stations who, for one reason or another, have their most desirable program stream on a subchannel other than x.1. WCIV Charleston SC, the local ABC affiliate, comes immediately to mind --- their "ABC 4" is on 36.2. But then again, being a major network affiliate, they are probably in a position to negotiate for as many subchannels as they wish. There are also a few fairly popular diginets, such as MeTV or Catchy Comedy, that a not-negligible number of viewers would wish to see, regardless of which subchannel they are on.

The whole WCIV saga was a tortured tale of another station getting the "official" channel 4 allocation (WGWG), and WCIV doing this complicated deal with WCIV moving over to WMMP, some kind of intellectual property thing I don't fully understand. I'm guessing that part of the deal was for WCIV to be able to market itself as "ABC 4", even though they have to use a non-intuitive subchannel on the former WMMP, indeed, they even flipped the WCIV call letters to the former WMMP. I don't think WGWG is highly marketed in Charleston --- they certainly don't have a newscast --- and the perception amongst Charleston-area viewers is probably "WGWG is that weird station that calls itself 'channel 4', but the real channel 4 is WCIV".

I also have in mind markets with stations that carry two major networks on different subchannels (or even more than two, such as Lima, Harrisonburg, or Parkersburg), but presumably those stations have the leverage to negotiate carriage agreements, which would include carrying all the subchannels that the station requires, to agree to carriage. And then there's WBKB Alpena MI that carries all four major networks (Harrisonburg has a similar setup but it involves LPTVs).
 


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