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The Programming Disputes Thread

https://tvanswerman.com/2020/05/28/directv-keeps-fox-in-local-channel-fight/

AT&T has a deal with Fox

AT&T has reached a multi-year deal with Fox to allow DIRECTV to offer the network’s programming in approximately 12 rural markets where the satcaster does not provide local channels.

For roughly 25 years, DIRECTV subscribers have been eligible under the Satellite Television Extension and Localism Act to receive the signals of network affiliates outside their markets if DIRECTV does not provide their local channels. (The ‘distant’ signals have come from network affiliates such as those in Los Angeles and New York.)

Normally, pay TV viewers are prohibited from receiving ‘distant network signals (DNS)’ because local broadcasters want them to watch their signals. But the law provided an exception for people in remote areas where satcasters were unable to deliver the local signals. (Dish also used to provide distant locals, but no longer has to because it offers the market’s locals in all areas.)

However, Congress last year did not renew the law, and it’s scheduled to expire on June 1, which is why DIRECTV now must make a deal with each network to continue distributing its programming.
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https://tvanswerman.com/2020/06/01/directv-loses-distant-network-channels-under-new-law/

DIRECTV can no longer carry ABC’s ‘out-of-market’ channel under a new law, but it has signed last-minute deals with CBS, NBC, Fox and the CW to continue offering its programming to certain rural residents, RV owners and others who can’t get their local network affiliates through the satcaster.



For more than two decades, DIRECTV subscribers have been eligible under the Satellite Television Extension and Localism Act (STELAR) to receive ‘distant’ network affiliate feeds for NBC, ABC, Fox, CBS and the CW if DIRECTV does not provide their local channels. (The ‘distant’ signals have come from network affiliates such as those in Los Angeles and New York.)

Normally, pay TV viewers are prohibited from receiving ‘distant network signals (DNS)’ because local broadcasters want them to watch their channels. But the law provided an exception for people in remote areas where satcasters were unable to deliver the local signals. (Dish also used to provide distant locals, but no longer has to because it offers the market’s locals in all areas.)

However, Congress last year did not renew the law, and it expired today. AT&T, which owns DIRECTV, estimates that tens of thousands of the satcaster’s subscribers are affected by the change.
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Disney's KABC and WABC is not included in the Distant affiliates package.
 
https://www.thewrap.com/byron-allen-withdraws-racial-discrimination-case-against-comcast/

Update on the Byron Allen and Comcast dispute.

Byron Allen has withdrawn his racial discrimination lawsuit against Comcast. The two parties have entered into a carriage agreement, with the cable company carrying Allen’s 15 TV stations, including The Weather Channel.

The deal also includes the distribution of Comedy.TV, Recipe.TV and JusticeCentral.TV on X1, video on demand and TV everywhere.

Comcast will also launch the free ad-supported digital app, Local Now, on the Xfinity X1 and Flex platforms, and Xfinity customers who receive The Weather Channel will have (authenticated) access to its weloveweather.tv website and app.
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Dish Network in a Dispute with the NFL Network

https://deadline.com/2020/06/nfl-ne...tv-amid-distribution-deal-impasse-1202963654/

As of 9 p.m. ET NFL Network and NFL RedZone are no longer available to Dish and Sling TV subscribers. In a press release, the league said, “NFL Media remains committed to negotiating an agreement and has offered terms consistent with those in place with other distributors.”

The NFL dispute is an additional blow to already sports-starved Dish subcribers. The former Fox regional sports networks — now run by Sinclair — which carry MLB, MLS, NHL and NBA programming are also dark on the service.

Without a distribution agreement in place for NFL Network and NFL RedZone, DISH and Sling subscribers will miss daily shows Good Morning Football, NFL Total Access and NFL Now and the newly launched Player’s Choice series featuring classic games and long-form storytelling from the NFL Films archive
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Broadcasters are pushing back on cable arguments that leased-access rules represent an infringement on cable's First Amendment rights, and for good reason. If broadcasters want to preserve their cable carriage mandate, which they definitely do in a world where most broadcast viewing is over cable and satellite retransmissions — the cord-cutting trend notwithstanding — they want to nip the First Amendment challenge to that other carriage mandate in the bud.

For one thing, and a big thing, if that leased-access channel mandate were considered a First Amendment violation, it would raise issues about the constitutionality of the must-carry regime, which mandates that cable operators carry any TV station if the broadcaster requests it.

In June 2019, the FCC voted unanimously (with a couple of partial dissents) to tweak and review its rules requiring cable operators to provide channel capacity to independent programmers. The commissioners voted to approve a Report and Order (R&O) and Second Further Notice of Proposed Rulemaking (FNPRM) that would vacate the FCC's 2008 leased-access rules, adopt new ones that "reflect changes in the video programming market" as well as — and this is the sticking point for broadcasters — seek comment on whether the rules should still be in place at all.
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https://www.nexttv.com/news/broadcasters-challenge-constitutionality-of-carriage-mandates

Here is a new report on Carriage agreements.
 
https://www.fiercevideo.com/operators/fubotv-raises-prices-despite-losing-tbs-tnt-and-more-channels

Fubo has lost a contract to air AT&T owned channels but added other outlets.

Virtual MVPD FuboTV has joined YouTube TV, AT&T TV and others this week in raising its monthly rates, despite losing TBS, TNT and other WarnerMedia channels.

The company said that with the recent additions of Animal Planet, Comedy Central, Discovery, Nickelodeon, MTV, Tastemade, TUDN, TV Land and more - as well as the August launch of ESPN and Disney Media Networks (ABC, Disney Channel, Freeform, FX, Nat Geo and many more) - and several regional and local networks, it is adjusting its prices beginning on or after August 1.

FuboTV is increasing the price of its Family bundle from $60/month to $65/month. Existing Standard plan subscribers (which currently pay $55/month) will be automatically moved over to the Family plan. They can opt out but if they do, they will begin paying $60/month for their Standard plan.
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https://www.nexttv.com/news/cox-media-stations-go-dark-to-dish-subscribers

Cox is in a dispute with Dish

Dish subscribers have been blacked out from watching Apollo-controlled Cox Media Group stations in 10 markets in a retransmission-consent dispute.

The stations had been enjoined from interfering with Dish’s ability to retransmit the signals under an agreement reached before Apollo Global Management acquired majority control of the group last year, according to Dish. The case moved from state court in Illinois to Federal Court, which dissolved the restraining order Wednesday.

(Image credit: Cox Media Group)
"We don't understand why Apollo is choosing to put customers in the middle of its negotiations, especially during a global pandemic when customers need access to local news and programming," said Andy LeCuyer, Dish senior VP of programming. "We have offered to apply our current agreement — with higher rates — to keep their channels available and avoid any service interruption while we continue to negotiate, but they refused, demanding a 40% increase to rates agreed to last year. We want to come to a long-term agreement that is fair for our customers."
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https://www.fiercevideo.com/video/at-t-doubles-down-hbo-max-fight-amazon

Amazon in dispute with AT&T over carriage of HBO Max. Yes even streaming outlets have disputes too not just Cable TV.

AT&T is still digging its heels in against Amazon over carriage of HBO Max.

AT&T CEO John Stankey said that his company has “tried repeatedly” to make HBO Max available to all customers using Amazon Fire devices including customers who have purchased HBO through Amazon Prime Video Channels.

“Unfortunately, Amazon has taken an approach of treating HBO Max and its customers differently than how they’ve chosen to treat other services and their customers,” said Stankey during today’s earnings call. “We’re glad to have agreements in place with, among others, Apple TV and Google Chromecast to give customers the right to stream HBO Max on those devices.”

HBO Max launched on May 27 and almost two months later it has yet to reach distribution agreements with Amazon or Roku. At the time, Amazon accused AT&T of turning its back on Prime Video Channels’ HBO subscribers.
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https://tvnewscheck.com/article/top-news/251626/scripps-stations-go-dark-to-dish-subs/


Scripps owned stations are not on Dish due to Dispute. WXYZ, KGTV, KMGH, WPIX are some of the stations affected by the dispute.


The television stations in 42 markets owned by The E.W. Scripps Co. are no longer accessible for Dish Network subscribers as attempts to reach a new contract with the satellite service have been unsuccessful.

“Without an agreement in place, Dish subscribers are now missing out on our stations’ essential news, weather and entertainment programming,” said Brian Lawlor, president of Local Media for Scripps. “Dish’s refusal to negotiate to a fair agreement is preventing its customers from accessing pressing news during a global pandemic, a period of social unrest, an active political year and severe weather season for many parts of our country.
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Dish is the worse when a deal expires the channel goes dark. This is the second time in 4 years that WXMI Fox17 has gone dark on Dish last time was in 2016 when Fox17 was a Tribune station I did see on top in Mid-Aug last year on Fox17 website that the station could go dark that was just for a day thou as it was gone the next day. Which Dish agreed to an extension with Tribune last year the following month Nexstar merger with Tribune was approved.
 
Yup. A friend who lives on the west side lost KIRO a while back on Dish with that dispute.
Now it looks like KCYU (Fox) will be out...again. Third time in 24 months on a cable or satellite provider, second time in just a year on Dish! And remember how long the DIRECTV dispute went on for! Fox is starting to air MLB again since they are back - gone now. Not that it matters to many restaurant owners because Yakima/Benton is still in phase 1.5 with outdoor dining only...
 
https://news.****************/artic...Alliance-Challenges-Bezos-on-Twitch-Royalties

https://medium.com/@artistrightsnow/ara-challenges-bezos-on-twitch-royalties-dbbc20f970de

Twitch (Youtube competitor managed by Jeff Bezos) is in a streaming dispute with Artists and songwriters over royalties.


Dear Mr. Bezos,

We are the Executive Board of the Artist Rights Alliance, a non-profit organization comprised of working musicians, performers, and songwriters fighting for a healthy creative economy and fair treatment for artists in the digital world.

We respect Amazon and its many products and services that help fans and audiences find and enjoy creative works. We appreciate that Amazon offers a number of properly licensed streaming services.

Amazon’s Twitch subsidiary, however, is not one of those services. We have closely followed the rising controversy surrounding Twitch’s hosting and delivery of unlicensed music and the company’s apparent unwillingness to do anything beyond the most minimal and inadequate effort to process takedown requests and shift responsibility for systematic unpaid use of music on the platform to its users. For this reason, we were grateful that Representative Kelly Armstrong raised Twitch’s licensing issues during your recent testimony before the House Judiciary Committee’s Antitrust Subcommittee.
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https://www.wishtv.com/news/local-n...files-racial-discrimination-suit-against-att/

Circle City the owners of WISH-TV are suing AT&T in a dispute over the time when Nexstar had to divest WISH-TV and MyIndy 23 duopoly for WTTV and WXIN.

INDIANAPOLIS (WISH) — Circle City Broadcasting, parent company to WISH-TV and MyINDY-TV 23, has filed suit against AT&T.

The suit, filed Monday in U.S. District Court in Indianapolis, claims “intentional misconduct” by AT&T.

On Sept. 19, 2019, the stations were acquired from Nexstar Media Group by Circle City Broadcasting, a minority-owned company led by Hoosier DuJuan McCoy.

When the stations were owned by Nexstar, “AT&T paid Nexstar for the right to retransmit the stations’ signals, and passed on those charges to its customers in the Indianapolis area,” according to the lawsuit.

“The very day Circle City purchased WISH-TV and WNDY-TV, AT&T halted all retransmission payments for those stations, after paying full market price to the prior owner of the stations for years,” the lawsuit alleges.

AT&T has since “offered zero compared to the rates it paid the prior broadcaster, Nexstar,” according to the lawsuit.

Agreeing to offer the channels to AT&T at no fee for re-transmission would then lead to lower offers from other cable and satellite operators in the future, the lawsuit states.
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https://arstechnica.com/tech-policy...u-disney-claim-they-owe-cable-franchise-fees/

Four cities in Indiana are suing Netflix and other video companies, claiming that online video providers and satellite-TV operators should have to pay the same franchise fees that cable companies pay for using local rights of way.

The lawsuit was filed against Netflix, Disney, Hulu, DirecTV, and Dish Network on August 4 in Indiana Commercial Court in Marion County. The cities of Indianapolis, Evansville, Valparaiso, and Fishers want the companies to pay the cable-franchise fees established in Indiana's Video Service Franchises (VSF) Act, which requires payments of 5 percent of gross revenue in each city.

The lawsuit is based on an unusual legal argument and doesn't seem likely to succeed. Essentially, the cities are claiming that Netflix and similar providers use the public rights of way simply by offering video streaming services over the Internet:
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Disney (Owners of Hulu and Disney+) and Netflix are in a dispute with Indianapolis, Evansville, Valparaiso, and Fishers over city franchise fee.
 
https://www.nexttv.com/news/court-rules-allen-suit-vs-charter-can-proceed

Byron Allen is in a dispute with Charter over carriage and discrimination allegations at play here.

A Federal District Court judge rules against Charter Communications’ motion to dismiss a $10 billion lawsuit brought by Byron Allen’s Entertainment Studios Networks.

Entertainment Studios claims that Charter is discriminating against its channels in violation of the Civil Rights Act of 1866.

Judge George Wu said that Allen had met the requirements set for discrimination suits and that Entertainment Studios may proceed with pre-trial disclosures and begin discovery.

“Charter once again tried to claim in a court of law that the First Amendment gives them the right to discriminate against Black people. This is a despicable, racist legal position, and I’m highly-confident Charter CEO Tom Rutledge and the Charter Board of Directors will be held fully accountable,” said Allen, the founder and CEO of Entertainment Studios and the Allen Media Group. “Charter will continue to lose this case, and I am going to make an example of them for all of America to see, because structural racism will not be tolerated. Systemic racism kills us in the schoolroom, kills us in the boardroom, and kills us in the courtroom, long before it kills us in the streets.”
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