Comcast is more and more making calls for in TV programming contract negotiations that would drive its smaller rivals to lift their minimal cable TV costs, a foyer group for small cable corporations instructed the Federal Communications Fee yesterday.

The American Cable Affiliation (ACA), which represents practically 800 small and medium-sized cable operators, requested the FCC to analyze the apply and prohibit it below its program entry guidelines.

The problem pertains to Comcast’s possession of regional sports activities networks which can be marketed below the model of Comcast’s NBC subsidiary. Comcast desires to redefine the so-called “minimal penetration coverage,” basically making it not possible for small cable corporations to promote an inexpensive, fundamental tier of TV service that does not embrace higher-priced channels, the ACA alleged. The group’s submitting stated:

ACA believes that it’s no coincidence that the programmer adopting this restrictive coverage—Comcast-NBCU—is a vertically built-in supplier of MVPD [multichannel video programming distribution] and broadband Web entry providers. The ACA members which can be being deprived by this coverage instantly compete with Comcast for MVPD and broadband Web entry service clients. Comcast-NBCU’s minimal penetration coverage restricts its opponents from providing broadband Web entry service bundled with broadcast fundamental video service and thus restricts their potential to compete with Comcast for broadband Web clients. Whereas it interferes with its opponents’ potential to supply customers a broadcast fundamental tier of service, Comcast is aggressively advertising a bundle of networks similar to the published fundamental tier to its personal clients by way of its Instantaneous TV service.

The ACA’s submitting was submitted within the docket for the FCC’s annual evaluation of video competitors. Amongst different issues, the FCC requested for public touch upon “laws which have probably the most important potential for influence on competitors out there for the supply of video programming.”

Comcast’s submitting in the identical continuing argued that video competitors is prospering and that the FCC “ought to remove outdated legacy laws which can be now not crucial in in the present day’s extremely aggressive video market.” Comcast, the nation’s greatest cable firm with 22.5 million TV subscribers, stated the FCC’s program entry and program carriage guidelines are “legacy laws that constrain funding and innovation.”

Comcast demand allegedly makes fundamental TV tier unviable

“Minimal penetration insurance policies” included in programming contracts require TV suppliers “to distribute a cable community to a minimal specified share of its video subscribers.” the ACA’s submitting defined. However in calculating that share of the subscriber base, nearly all programmers exclude subscribers who obtain solely a fundamental tier consisting primarily of broadcast channels, the submitting stated.

“This selection has at all times been of worth to customers who solely wished entry to broadcast stations however had poor over-the-air reception or wished to keep away from the expense and bother of putting in a big antenna” and is rising in recognition in the present day amongst individuals who watch on-line video providers as a substitute of cable channels, the ACA stated.

The essential tier of broadcast channels is also referred to as the “lifeline” tier. Excluding lifeline subscribers from minimal penetration insurance policies “is altogether affordable and applicable given the historic distinction between carriage of broadcast and cable community programming below the Communications Act and the Fee’s guidelines,” the ACA stated.

However Comcast would not need to exclude fundamental tier subscribers from minimal penetration insurance policies, making it financially infeasible for small cable corporations to supply the essential tier, the ACA instructed the FCC:

In its RSN [Regional Sports Network] licensing agreements with a lot of ACA members, nevertheless, Comcast-NBCU has insisted on together with a minimal penetration requirement that doesn’t incorporate a lifeline exclusion and on setting the penetration charge at a excessive sufficient degree such that these members are now not capable of broadly promote a broadcast fundamental or lifeline tier service at their current costs with out mechanically violating the minimal penetration requirement of their RSN agreements. That is true even when they have been to incorporate the RSN in each video bundle (expanded fundamental and specialty tiers) they provide aside from broadcast fundamental service. An MVPD on this place should finally both elevate the value of the published fundamental tier to dampen demand for this service or basically stop to supply a real broadcast fundamental tier that doesn’t embrace cable programming networks. Both consequence will clearly hurt customers.

Comcast’s negotiation calls for have “begun to threaten a few of [the ACA’s] members’ potential to proceed to supply their subscribers entry to a fundamental broadcast tier of service,” the group stated.

ACA members might additionally decline to hold regional sports activities networks, however in doing so might lose sports-watching clients who’re keen to pay additional to look at native groups.

Guidelines want to vary, group says

Comcast apparently is not breaking any guidelines with these calls for in the present day, however the ACA desires the FCC to vary that. Comcast’s technique “is each anti-competitive and anti-consumer and isn’t within the public curiosity,” the group stated.

“At a minimal, the fee ought to additional examine this apply,” the ACA wrote. “ACA believes that ought to the fee accomplish that, it should decide that the apply of imposing minimal penetration necessities in cable programming community agreements that don’t comprise a lifeline carve-out unreasonably limits shopper alternative and competitors with out offering any offsetting advantages, and that this conclusion ought to present a enough foundation for the fee to ban this apply below this system entry guidelines.”

We requested Comcast for remark in the present day and can replace this story if we get a response.

Comcast/NBC merger situations set to run out

The ACA additionally stated there are a number of trade adjustments that may make this downside worse. AT&T’s pending acquisition of Time Warner Inc. will convey HBO, TBS, TNT, CNN, and different huge networks below the management of a serious TV supplier “and thus additional improve the necessity for continued program entry protections,” the group stated.

Individually, the merger situations Comcast agreed to in order to acquire authorities approval to buy NBCUniversal in 2011 will expire in January 2018, the ACA wrote. These merger situations protected smaller rivals with an arbitration requirement.

The situations “require Comcast to comply with the submission of disputes over costs, phrases and situations of programming agreements to arbitration to find out a good market worth for the programming within the occasion non-public settlement can’t be reached with an MVPD searching for to license Comcast-NBCU programming,” the group’s submitting stated.

That requirement basically “closes a loophole in program entry guidelines” that lets cable corporations that personal programming “elevate costs to rival MVPDs just by charging itself an artificially excessive switch worth for a similar programming,” the ACA stated.

The arbitration requirement that may quickly expire can also be utilized by the Nationwide Cable Tv Cooperative (NCTC), which negotiates programming contracts in bulk on behalf of about 800 small and medium-sized cable corporations. The NCTC’s present settlement with Comcast is scheduled to run out lower than 10 months after the Comcast/NBC merger situations expire.

Comcast tried to get a contract with out a lifeline exclusion the final time it negotiated with the NCTC, however it relented when the NCTC threatened to demand arbitration, the ACA’s submitting stated. The ACA urged the fee to contemplate extending the merger situations past the scheduled finish date.

“Each ACA and NCTC worry that NCTC can be much less in a position to withstand Comcast’s unreasonable, anti-consumer and anti-competitive calls for with out the specter of with the ability to ask to submit the dispute to baseball-style arbitration to find out truthful and affordable phrases and situations and with out the power to file a program entry criticism with the Fee,” the submitting stated.


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