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Summary:

The ongoing dispute between Fox and Cablevision is becoming the fall’s best drama, full of exciting twists and turns and exciting guest stars — in this case, the FCC, which hopes to end this conflict by getting both sides to submit information on their negotiations.

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The ongoing dispute between Fox and Cablevision is becoming the fall’s best drama, full of twists and turns and exciting guest stars: in this case, the FCC, which hopes to end this conflict by getting both sides to submit information on their negotiations.

Previously, on Fox vs. Cablevision: Two weeks ago, Cablevision lost access to Fox programming and customers were (temporarily) blocked from accessing Hulu. Since then the battle has continued, with tensions rising as the World Series approaches, which Cablevision subscribers will be unable to watch on Fox should the situation not be resolved. Oh, and the FCC’s first attempt to get involved? Live-tweeting an NLCS game.

Michael C. Hopkins, president of affiliate sales and marketing for Fox Networks, wrote yesterday (PDF) in a letter addressed to FCC Media Bureau Chief William Lake that “[t]his entire process has been very discouraging for us,” before detailing the last year of negotiations. He concluded that he believes binding arbitration — which is what Cablevision is pushing for — would not be “an effective path to the resolution of retransmission consent disputes.” Hopkins also accuses Cablevision of taking a stand to score points with Congress and the press.

Hopkins declined to bring up any conduct by Cablevision that might violate its good faith obligations in the letter, however, but maybe that’s because he hadn’t yet heard about how a Fox employee, on a taped call, received instructions from a Cablevision service representative on how to watch Fox programming on illegal websites, as the NY Daily News reports.

During last year’s Time Warner v. Fox standoff, Time Warner posted a three-minute video showing consumers how to connect a PC to a TV (and let me say this in all caps so it’s clear: A CABLE COMPANY SHOWED CUSTOMERS HOW EASY IT COULD BE TO CUT THE CORD), so it’s no wonder that Fox was suspicious of similar shenanigans.

But encouraging piracy is definitely a special sort of crazy, and this afternoon Fox served Cablevision with a cease-and-desist letter regarding that sort of activity.

Cablevision CEO James L. Dolan, in his own correspondence with the FCC, repeatedly accuses Fox of “take it or leave it” bargaining and negotiating in bad faith, detailing his negotiations with Fox and concluding:

“News Corp. has engaged in multiple unfair tactics in the course of the current negotiations — deliberately structuring the timing of its agreements and negotiations so it could withhold its signal immediately prior to a “must see” marquee event; making a “take it or leave it” proposal in which it demanded a cash payment that far exceeds the retransmission consent demands of other broadcasters; hiding behind most favored nation clauses in other agreements as the basis for refusing to negotiate a reasonable rate for WNYW; and refusing to enter into arbitration in which the reasonable value of its programming could be determined.

Dolan’s dialogue is a little dry, but he makes his point. The FCC now has plenty of information to look over — but judging by the tone of both documents, it seems both sides are far from reaching an agreement.

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  1. It’s hard to put much weight into Fox’s accusations without knowing what the “illegal” websites were. There are a lot of sites out there that actually pay you to upload popular content and it wouldn’t surprise me if Fox and others in the business were actually seeding them as a way to try and quietly monetize piracy without publicly admitting to in. The point is that in a world where even Viacom can’t tell us which clips that they uploaded to YouTube, it’s hard to argue that consumers are doing anything illegal by downloading fox content from “unauthorized” locations. If these sites were in fact illegal, why isn’t Fox sending a C&D to them instead of bullying Cablevision?

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  2. It’s ridiculous how this whole thing turned out.. I’m in the process of cancelling cablevision and then not going to watch Fox… The past two weeks, I’ve learned how much of great programming is out there on other channels. These two companies should be ashamed of how they put the consumers in the middle of it all.

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    1. The image of customers as human shields in an artillery battle comes to mind. The FCC need to grow a pair and get this sorted out yesterday, by whatever means are necessary. And whichever side’s favor the FCC rule on in this instance, then the FCC ought to go back and find some particularly lurid skeleton in the “winner’s” metaphorical closet and publicly nail it to the wall. That way, the “loser” of this round can have some schadenfreude and not rally Congress around the idea of stomping on the FCC more than they have lately.

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  3. [...] The Fox-Cablevision Drama Is Getting Emmy-Worthy: Video « [...]

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  4. [...] Hey Cablevision subscribers! Don’t want to miss the World Series while your cable provider battles it out with Fox over retransmission fees for broadcasting the games? Have no fear, because you can catch the games [...]

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  5. As a Cablevision subscriber I can say that these types of negotiations have become mind-numbingly annoying. Every time you turn on your TV it’s tuned to a shrill repeating message from Cablevision trying to incite their subscriber base to gang up on News Corp., ABC, or whoever is Cablevision’s enemy of the moment. My9 (is that a TV channel?) and WNEW have been blocked from Cablevision. Am I supposed to care? I don’t. It’s just a reminder of all the bogus channels I’m paying for that I don’t watch.

    Personally I’m ready to pay producers of shows directly – not channels, or corporations that own multiple channels, or cable services that license the channels – the actual producers who MAKE the shows I watch. I’m willing to pay the same amount I pay now for a cable subscription DIRECTLY to the producers of the shows. That will mean that those producers will get more of my money to make great shows and I won’t have to support any of the reams of garbage. I’m sure that day is coming but not before the middlemen like Cablevision and News Corp. fight over the disappearing scraps. I guess that’s the price of change.

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