[BC] HDTV
Paul Christensen
attorney
Wed Feb 8 14:44:57 CST 2006
> Here's a philosophical question for the group: Why is it OK for one of
> the national cable networks (ESPN-HD, HBO, or whatever) to seek and
> receive payment from cable companies for their HD product, but when a
> local broadcaster does the same, it's seen as trying to "extract" money
> from the cable system?
Pursuant to 47 CFR 76.55, full-power commercial television stations within
the DMA and NCE stations that throw a Grade B service contour over the
serving cable headend have the right to invoke "must-carry" signal carriage
on the part of the servicing cable operator. Alternatively, if the
broadcaster feels their content (HD or SD) is of such value as to compel the
cable operator to "extract" payment for programming as it does for
traditional cable network services (e.g., HBO, ESPN), then the broadcaster
can elect to enter into a retransmission consent agreement with the cable
operator under 47 CFR 76.64.
Nobody is taking advantage of the television station. Stations actually
have the upper hand in dealing with the cable operator. The choice of
whether to invoke "must carry" or enter into a retransmission consent
agreement rests with the station -- not the cable operator.
Paul
====================================
Paul Christensen, CPBE, CBNT
LAW OFFICE OF PAUL B. CHRISTENSEN, P.A.
3749 Southern Hills, Jacksonville, Florida 32225
Office: (904) 379-7802 Facsimile: (904) 212-0050
pchristensen at ieee.org
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