[BC] HDTV

[DANA PUOPOLO]

What you say it not always true.

Cable systems can petition the FCC for a "Market Modification" 
- basically removing that station from the market (and must carry) as far as
they are concerned.

This used to be a difficult thing to do until lately - now a days the FCC
almost "rubber stamps" them...

-D


------ Original Message ------
Received: Wed, 08 Feb 2006 12:45:14 PM PST
From: "Paul Christensen" <attorney at broadcast.net>
To: "Broadcasters' Mailing List" <broadcast at radiolists.net>
Subject: Re: [BC] HDTV

> 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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