Thursday, July 26, 2012

Now It's Thursday - July 26, 2012

Took the day off yesterday for an interview at a local library.  Library's are interesting and this one would be a good place to work at, helping patrons find materials for recreation and research.  I hope I get the job.

The Tuesday Senate Commerce Committee had few surprises and was duller than expected.  The purpose of the hearing was to review the Cable Act of 1992.  In recent years many of the provisions of the act have caused problems for multichannel distributors, content creators and owners and consumers.

Although there were many items on the agenda, retransmission consent took center stage.  Many of the witnesses from the cable industry thought the current marketplace made retrans obsolete and it should be revised or vacated.  National Association of Broadcasters president Gordon Smith, a former senator, argued that the law was only 20 years old and provided necessary compensation for the content broadcasters offered to the carriers and the public.

Sen John Kerry (D-MA) wanted broadcasters to be fairly compensated, but suggested a no blackout rule during negotiations.  This would result in channels not be removed after retrans contract expire and would benefit consumers.  Recently  Hearst Television ordered stations removed from Time Warner Cable system after negotiations failed on a new retransmission consent agreement.  After ten days it was resolved.

Senators also called for more transparency in what broadcasters are charging cable system and MSOs for content.  A witness from the American Cable Association said she could provide that information, but contracts with content providers prohibit publication of that information.

Must carry was also addressed by Sen. Tom Udall (R-UT). He noted that many religious broadcasters or foreign language broadcasters would not have access to cable systems without the must carry provisions.  Must carry is a part of retransmission consent.  It allows broadcasters to forgo payment for content in exchange for carriage on a cable system.  Public television stations also fall within the must carry guidelines. All other broadcasters have the same option.  More from Broadcasting & Cable

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One of the biggest concerns during negotiations for the purchase by Comcast, the country's largest cable provider, and NBC. Many regulators, lawyers, and legislators believed Comcast would favor cable channels it oened over other similar channels.

It did not take long for this concern to be realized.  Comcast refused to carry the Tennis Channel in favor of owned channels like Versus and the Golf Channel.  The Tennis Channel filed a complaint with the FCC stating that Comcast had violated the terms of the purchase agreement and the Cable Act of 1992.

An Administrative Law Judge (ALJ) found in favor of the Tennis Channel requiring Comcast to carry the network.

Comcast appealed to the full Commission.  On Tuesday, the FCC on a 3-2 party line vote found that Comcast had discriminated against the Tennis Channel and denied the appeal.  The Commission did, however, vacate parts of the ALJ decision.

Comcast said it would appeal the FCC decision in Federal Court. 

The National Cable Television Association has weighed in on the FCC decision saying it was a "dangerous and unnecessary regulatory path." More from Broadcasting & Cable

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Did you know HBO disliked Netflix.  Well it does,

Although there have been rumored negotiations between Netflix and HBO. In a statement issued Tuesday, HBO stated there were no negotiations planned with Netflix.

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Was anyone surprised that the Senate failed to pass the GOP tax plan that would have kept the Bush-era tax breaks in tact?  I didn't think so.

Was anyone surprised that the Senate passed its first bill in months calling for tax breaks only for individuals making less than $2000,000 and families making less than $250,000?  Still not takers?  Just like so many bill supporting jobs and families that have come from the House that have languished on Sen. Harry Reid's desk, this bill has no chance of passage as is in the House.

I've said it before, there will be no legislative action until after the election.

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Is President Obama becoming gaffe prone?  His "you didn't build that" comment has become campaign fodder and the star of many ads.  No matter what he says, it was not taken out of context, he said it and frankly he means it.

Now Obama is saying his plan "worked."  Really?  Does he not see the increase in poverty?  Does he not see the increase in food stamp recipients?  Does he not see that unemployment is rising especially among those who have given up and left the workforce?  The answer is yes because these fall into to his second-term plan to create a welfare nation that is totally dependent on the government.

That is his plan and he must not win re-election.

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If reports are correct, the floor of the House has become a third grade classroom. 

A GOP sponsored bill came to the floor with a typo.  Yes, a typo.  Should not happen, but it did.

GOP leaders wanted the ability to correct the typo under unanimous consent.  House Democrats became petulant children and would not allow it.

The House is becoming as dysfunctional as the Senate.

More from The Hill

That's it for now.


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