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Retransmission Consent squabbles


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47 minutes ago, tyrannical bastard said:

This includes ABC affiliates too, not just the O&O stations.

 

 

Wouldn't that put Google at risk of being sued by groups like Hearst, Tegna, Gray and Scripps for breach of contract on the ABC affiliates? Because they do have deals with those groups which did cover the ABC affiliates.

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9 hours ago, dman748 said:

Wouldn't that put Google at risk of being sued by groups like Hearst, Tegna, Gray and Scripps for breach of contract on the ABC affiliates? Because they do have deals with those groups which did cover the ABC affiliates.

It should.  Google is well within their ability to black out the network content on these stations. There are plenty of shows that are blacked out because of the lack of "digital rights" to carry them.  A notable example a few weeks ago was when CBS's airing of Rudolph was unavailable.

 

Even James Spann of ABC 33/40 chimed in.  Keep in mind the viewers have even more reason to be incensed since this is Alabama and that team is at it....AGAIN, for like the 40th time.

image.png.d04e2baf943955e115ea36476ec52a4c.png

 

Edited by tyrannical bastard
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On 10/1/2021 at 3:24 PM, Kenneth Kissel said:

If I was a station owner (Nexstar,Sinclair,Tegna, Hearst, Scripps, Gray and others). I would bring this situation up in retransmission talks with Comcast so something like this can never happen again. 

 

BTW, what is stopping ViacomCBS, Fox, and Disney from doing the same thing? You would think Comcast would have more to lose due to ViacomCBS, Fox, and Disney not owning a cable service. 

 

BTW, the extension only lasts till Tonight.

Here we are with Disney and ABC. Once again, Nexstar, Sinclair, Scripps, Hearst, Gray, Allen, and others need to step in so many of the ABC affiliates can stay on YouTube TV. 

Edited by Kenneth Kissel
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16 hours ago, dman748 said:

Wouldn't that put Google at risk of being sued by groups like Hearst, Tegna, Gray and Scripps for breach of contract on the ABC affiliates? Because they do have deals with those groups which did cover the ABC affiliates.

My (non-lawyer) brain tells me google would be violating retrans agreements with the station groups by removing all of their programming, even local newscasts and syndicated shows, infomercials, education programming, etc. that have nothing to do with ABC.

 

But clearly Google’s lawyers think this is okay. 
 

Seems like an overreach if you ask me. But I haven’t seen the fine print of the deals the station groups have, so maybe it allows for this.

 

Certainly, if there is a loophole in station groups’ agreements with google (or any other carrier) that allow this to happen, I’m sure next time they negotiate a deal… they will add a clause to make sure this can’t happen. 

 

 

I’m curious, have we ever seen something like this happen before… where a cable/streaming provider removes an entire network and its affiliates from its lineup, without regard for the fact that those affiliates carry more than just that network’s programming?

 

I can’t think of one. 

Edited by MarkBRollins88_v2
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2 hours ago, MarkBRollins88_v2 said:

My (non-lawyer) brain tells me google would be violating retrans agreements with the station groups by removing all of their programming, even local newscasts and syndicated shows, infomercials, education programming, etc. that have nothing to do with ABC.

 

But clearly Google’s lawyers think this is okay. 
 

Seems like an overreach if you ask me. But I haven’t seen the fine print of the deals the station groups have, so maybe it allows for this.

 

Certainly, if there is a loophole in station groups’ agreements with google (or any other carrier) that allow this to happen, I’m sure next time they negotiate a deal… they will add a clause to make sure this can’t happen. 

 

 

I’m curious, have we ever seen something like this happen before… where a cable/streaming provider removes an entire network and its affiliates from its lineup, without regard for the fact that those affiliates carry more than just that network’s programming?

 

I can’t think of one. 

 

I believe someone months ago addressed this in an earlier post if you feel like scrolling.  If memory serves me right, the affiliates ceded retransmission to the networks which when you step back makes sense.  Steamers would have to renegotiate with every affiliate group, large and small which would be chaotic.  In the end, everyone wants their payday, and no one wants to give in.  Only the customers suffer, either with blackouts or increased fees.  So far no one has come up with a better system.  Maybe one day....

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7 hours ago, tyrannical bastard said:

It should.  Google is well within their ability to black out the network content on these stations. There are plenty of shows that are blacked out because of the lack of "digital rights" to carry them.  A notable example a few weeks ago was when CBS's airing of Rudolph was unavailable.

 

Even James Spann of ABC 33/40 chimed in.  Keep in mind the viewers have even more reason to be incensed since this is Alabama and that team is at it....AGAIN, for like the 40th time.

image.png.d04e2baf943955e115ea36476ec52a4c.png

 

Spann does have a point, the old TV model is broken yes, but it can be fixed. What that looks like is anyone's guess because no one has come up with anything to fix the TV business model because most if not, all the companies are going to squeeze every ounce of the retrans fees they can until they can no longer do that, and we might be years away from getting to that point.

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YouTubeTV was the first OTT provider to pretty much cover the country with Big 4 network coverage.  The only gaps were in very small markets, and even then, notable gaps were filled with either a network feed (mostly by ABC), adjacent affiliates (in Zanesville, Ohio where neighboring WBNS and "Fox 28" round out the market with WHIZ), and nearby O&Os (Alpena, MI gets WMAQ Chicago).  The only hodgepodge determined by group is CW and MyNetwork stations.  Sinclair has most of those covered, where Gray does not (CW legacy stations before Quincy since they had CW access).  Nexstar has none, not even WGN (but WPIX was one when they were briefly owned by Scripps).

 

There are still loopholes to get their newscasts in an area, especially when the owner has a FOX or CW station in the market. Mostly Sinclair, with their ABC/FOX combos.

Nexstar stations are the most SOL right now since they are still in the dark ages with OTT coverage via the news apps like NewsON and VUit.  Everyone else is pretty well-covered if they have issues getting an antenna signal from their local ABC station.

Edited by tyrannical bastard
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  • 3 weeks later...
Just now, NowBergen said:

Actually it’s all of Altice USA.  There is a notice on PIX11 website.  There has been no notification however from Optimum.  

Isn't PIX11 owned by Mission Broadcasting? They shouldn't be affected.

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6 minutes ago, mvcg66b3r said:

Isn't PIX11 owned by Mission Broadcasting? They shouldn't be affected.

🤣🤣🤣🤣🤣

Mission is such a sham.  Everything about the station is Deathstar except the ownership papers on file. I assume their “agreement “ with Mission includes retransmission rights.  The notice is at the top of the website. Yet it’s still on the air 

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1 minute ago, NowBergen said:

🤣🤣🤣🤣🤣

Mission is such a sham.  Everything about the station is Deathstar except the ownership papers on file. I assume their “agreement “ with Mission includes retransmission rights.  The notice is at the top of the website. Yet it’s still on the air 

If it's still on the air, maybe they'll drop it at midnight.

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Almost 8 am on 1/8 and WPIX is still on Optimum (Altice).  The PIX11 website has been updated to say Optimum may drop PIX11 on Jan 8 much more predominantly (yesterday it was smaller and used yesterday's date).  There is no mention of it on Optimum's or AlticeUSA's website.  To be continued....

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It seems there should be some separation between Mission and Nexstar carriage agreements.  Sinclair tying deals to their sidecars necessitated separate deals that were entered into with each station owner group.  Because this ties into programming, that is the legal tie to the licensee on how the station is being "programmed".

 

Hopefully, these carriage deals with Altice/Optimum/Suddenlink are either a coincidence or grandfathered into a prior arrangement, and not some form of collusion between Nexstar and it's sidecars.  There have been separate disputes where Nexstar got dropped and Mission stayed on a provider, and vice versa. 

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Basically Nester runs PIX11.  From management to all programming and station operations.  Mission is a sham for Nester to get around ownership caps.  Until the FCC or Congress decides to do something about this, they will be permitted to exist.  

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