Attention DirecTV customers.
Beginning on March 1, 2013 we no longer expect this station to be carried by
DirecTV. This blackout of our programming will only affect DirecTV subscribers.
Dish Network and cable subscribers will not be impacted. Only DirecTV
subscribers are expected to lose access to this station on March 1st. We
apologize for any inconvenience and suggest DirecTV subscribers call DirecTV at
1-800-DIRECTV (347-3288) or make alternative arrangements to continue to watch
our great programming.
Thank you.
Answers to some of the questions you may have about this matter are set forth
below. We appreciate your understanding and patience with regard to this matter.
Thank you.
Q: What is retransmission consent?
A: Retransmission consent is a process created by federal law pursuant to which
cable and satellite companies negotiate with the owners of television stations
for the right to carry those stations on their cable systems.
Q: Can television stations require satellite companies to carry them?
A: Yes, they can by making something referred to as a must-carry election, which
would then require carriage for a three-year period.
Q: Why didn't Sinclair elect must-carry for its stations?
A: Sinclair chose not to elect must-carry in order to have the right to
negotiate with the cable and satellite system to receive certain things, such as
compensation and channel position, which it would not receive by making a
must-carry election. As a result of Sinclair’s retransmission consent election,
the relationship between Sinclair and DirecTV is essentially the same as the
typical commercial relationship that exists between any wholesaler attempting to
sell its product to a retailer so that the retailer can then sell the product to
consumers in its market.
Q: Why should satellite companies have to pay to carry a television station?
A: Local TV stations pay millions of dollars each year to buy high-quality
programming and to produce important informational programs, such as the local
news. It is just standard business practice that the satellite companies should
pay for the right to resell programming to their subscribers.
Q: But aren't television stations available for free over-the-air?
A: Local TV stations are available over-the-air at no cost with the use of
an antenna. However, this doesn't mean that satellite companies have the right
to resell our signals without properly compensating us. It is no different from
the fact that local radio stations are free over-the-air, but a satellite radio
company like XM Radio has no right simply to carry local stations and charge
subscribers for it.
Q: Don't television stations benefit from carriage on satellite systems in
the form of larger audiences and increased advertising revenues?
A: All channels benefit from being carried on a cable or satellite system;
local TV stations as well as cable networks which are also advertising
supported. We are simply asking to be treated fairly, based on the popularity of
our programming, in the amount we are compensated.
Q: Doesn’t Sinclair make its money through advertising sales? So why also
charge for retransmission consent?
A: It is true that our primary source of revenues comes from advertising
sales. However, we are entitled to be compensated fairly when another company
uses our content and re-sells it to the public.
Q: Is this just a dispute about money?
A: Although Sinclair does not believe it is productive to negotiate its
private business relationships in the public, the inability to reach agreement
with DirecTV is about more than just money.
Q: Is it fair to characterize Sinclair as "pulling its stations" from the
DirecTV satellite system?
A: We would not characterize this as Sinclair "pulling its stations" or
DirecTV "refusing to carry" Sinclair's stations. This is simply the case of a
buyer and seller being unable to agree on price, something that occurs every day
in both commercial and consumer transactions.
Q: What is the best way for the public to influence this matter?
A: We believe that DirecTV’s subscribers should simply let DirecTV know that
they will no longer subscribe to DirecTV if it does not carry the stations that
they want. We also believe it would be appropriate for DirecTV subscribers to
demand that DirecTV reduce their bills if they no longer carry one or more of
the most popular channels. DirecTV can be reached at 1-800-DIRECTV (347-3288).
Q: How long is this dispute likely to last?
A: It is impossible to answer this question accurately, although it is
certainly possible that DirecTV will never carry the Sinclair stations in the
future.
Q: Won't DirecTV just bring in another station from another market with the
same programming?
A: Contracts, the law and FCC regulations severely restrict DirecTV’s
ability to do this. Local TV station programming contracts generally provide for
market exclusivity (including network primetime and sports programming).
Additionally, programming Sinclair stations produce, such as local news,
wouldn't be available from another, out-of-market station.
Q: Doesn't this punish the consumer?
A: Consumers have other means for obtaining the Sinclair stations, such as
their local cable company, Dish Network, in some cases either Verizon FiOS or
AT&T U-verse or over-the-air, and so, while we recognize and apologize for the
inconvenience associated with switching providers, no significant detriment to
the consumer will result from DirecTV’s failure to carry these stations.
Q: Wasn’t Sinclair given the airwaves by the government?
A: Sinclair has paid billions of dollars over time to purchase our TV
stations and to be able to use the public airwaves. Additionally, each of our
stations pays an annual fee to the government, so no the airwaves weren’t given
to us for free.
Q: Isn’t this just about greed?
A: No. It’s about us being a publicly traded company that has a fiduciary
responsibility to operate the company profitably. Given that we spend millions
of dollars each year to buy and produce high-quality programming, it is only
right and fair that satellite companies compensate us fairly for a portion of
our cost, especially since they are re-selling our content to their subscribers.
In addition, the inability to reach agreement with DirecTV is related to other
material matters besides the amount we are to be paid.
Q: Won’t this cost get passed on to the consumer?
A: That is a question for DirecTV to answer. They may pass these costs on to
their subscribers or they could choose just to reduce the profits they make.
Alternatively, they could negotiate to reduce the fees they pay for programming
which is far less popular than the programming provided by the Sinclair stations
and for which, we believe they pay disproportionately high prices as compared to
the amount being requested by Sinclair.