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Major Cable and Satellite Operators Face Class Antitrust Suit
Multichannel News ^ | 9/21/2007 | Kent Gibbons and Ted Hearn

Posted on 09/22/2007 3:48:45 AM PDT by Las Vegas Dave

An antitrust lawsuit filed Thursday accuses leading programming, cable and satellite TV firms of colluding to only offer prepackaged tiers of bundled programs and refusing to sell programming a la carte.

The lawsuit, filed in U.S. District Court for the Central District of California’s Western Division, seeks damages and an end to the bundling practices.

The plaintiffs are named individual subscribers of Comcast, Time Warner Cable, Cox, EchoStar and DirecTV, seeking to establish a class consisting of “expanded-basic” customers of those companies and Charter and Cablevision Systems over the past four years.

In the complaint, filed by Maxwell M. Blecher of Blecher & Collins in Los Angeles on Sept. 20, they’re suing those multichannel video providers and NBC Universal, Time Warner Inc., Viacom, Walt Disney Co. and Fox Entertainment, under the Sherman Antitrust Act.

Each of the programmer defendants owns TV programs and interests in one or more TV channels. The cable and satellite providers supply a “basic cable” bundled service that’s required to be purchased before a subscriber can access other tiers of service, the lawsuit says.

The complaint cites a Nielsen Media Research report that states the average cable subscriber pays for 85 channels he or she doesn’t watch in order to get the 16 channels he or she does watch. It also cites a poll, by the Associated Press-Ipsos, that found 78% of respondents would rather buy only the channels they choose themselves. And it cites a Federal Communications Commission estimate that consumers are charged about $100 million a year for channels they wouldn’t buy under an a la carte regime.

National Cable & Telecommunications Association senior VP of communications and public affairs Rob Stoddard said the organization, which represents cable operators and programmers, doesn’t comment on litigation that names companies within and outside NCTA. "However, our view of a la carte hasn't changed," he said. "Many government and private studies have found that mandated a la carte would lessen programming choice, decrease diversity in programming, and raise prices for most cable customers."

Parents Television Council endorsed the lawsuit. "On behalf of our 1.2 million members, we applaud the commencement of legal action which, we hope, will lead to the ability for cable subscribers to pick and choose – and pay for – only the cable networks they want," PTC president Tim Winter said in a statement.


TOPICS: Miscellaneous
KEYWORDS: alacarte; cable; hdtv; lawsuit
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Lasvegasdave

1 posted on 09/22/2007 3:48:48 AM PDT by Las Vegas Dave
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To: ADemocratNoMore; advertising guy; AJMaXx; Alice in Wonderland; american colleen; arbooz; auboy; ...

Pinging the HDTV list.


2 posted on 09/22/2007 3:55:32 AM PDT by Las Vegas Dave ("We're going to take things away from you on behalf of the common good." Hillary Clinton, June 2004.)
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To: Las Vegas Dave

I would like an ala Carte option. That would certainly be the end of Gore TV (Current TV).


3 posted on 09/22/2007 3:55:54 AM PDT by Anti-Bubba182
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To: Las Vegas Dave
What's this?? You mean if we want to watch an NFL game, we no longer have to pay for the Needlepoint Channel, the Darts Tournament Channel, the Gay Channel, the Hummel Collector's Channel, the myriad channels en Espanol,the Matchbook Collector's Channel, etc?..

O the Humanity.

4 posted on 09/22/2007 4:06:03 AM PDT by Gorzaloon (Food imported from China = Cesspool + Flavor-Straw™)
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To: Las Vegas Dave
"Many government and private studies have found that mandated a la carte would lessen programming choice, decrease diversity in programming,and raise prices for most cable customers." "

That's the idea. Why not try keeping social activism out of Business?

Notice the statemment is ended with a threat of higher prices. A Free Market really terrifies them, huh?

5 posted on 09/22/2007 4:10:22 AM PDT by Gorzaloon (Food imported from China = Cesspool + Flavor-Straw™)
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To: Gorzaloon

Beleive it or not...most business prefer socialism over free market....monopolism is the free market form of communism

A la carte makes it more competitive...which a lot of large corporations hate...competition.

This lawsuit actually would help smaller cable/sat companies as it would break up monopolies


6 posted on 09/22/2007 4:19:33 AM PDT by UCFRoadWarrior (FantasyCollegeBlitz.com)
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To: Las Vegas Dave

The technology already exists that you can pay for what you watch, without subscribing. Bring it on.


7 posted on 09/22/2007 4:27:07 AM PDT by Hurricane
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To: UCFRoadWarrior

.....Beleive it or not...most business prefer socialism over free market.....

Pure unadultrated drivel


8 posted on 09/22/2007 4:28:30 AM PDT by bert (K.E. N.P. +12 . Hillary's color is yellow.....how appropriate)
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To: Gorzaloon
the Hummel Collector's Channel

For the last time, it's not the Hummel Collector's Channel it's the Precious Moments Channel. Everyone with an ounce of artistic taste knows the difference. I'm insulted and infuriated. My attorneys will be in touch.

9 posted on 09/22/2007 4:38:12 AM PDT by Hardastarboard (DemocraticUnderground.com is an internet hate site.)
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To: Las Vegas Dave

The suit is overdue. The cable companies enjoy a government supported monopoly and feel that they can do whatever they want.


10 posted on 09/22/2007 4:49:20 AM PDT by Leftism is Mentally Deranged
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To: Las Vegas Dave

I think there’s a different aspect of cable co. misbehavior that no one talks about. You used to be able to get a “cable ready” TV. That is, you could get all of the unscrambled channels on your TV. The set-top box was needed as a decoder, but not as a tuner for unencoded channels.

With the advent of digital TV, a whole new set of channels has been created that you can’t pick up on an HDTV without a set-top box. You can’t even get the digital TV versions of the regular broadcast channels over cable without paying extra for “digital service.” I’m not talking about HBO or pay-per-view; I’m talking about ABC, NBC, CBS, and FOX.

So, you have to pay extra for “digital service” and rent a box just to get the digital versions of the previously low end channels. You have to rent a set-top box for every TV, even if you are getting the baseline digital service.

Will this continue after 2009 when the analog channels finally go silent? In other words, will you need a set-top box in every room just for the regular stations? This is a new, hidden fee, and its pretty significant.


11 posted on 09/22/2007 4:58:39 AM PDT by Pearls Before Swine (Is /sarc really needed?)
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To: Las Vegas Dave

Well, I madw rgw swirch. I dumped DishNetwork and now have TimeWarner Cable. So far, so good! I like the “on-demmand” feature, and the HDTV access.

I miss Dish, and after four years of service with them, am still upset they would not make me a deal short of making me sign a contract.

Oh, well...


12 posted on 09/22/2007 5:04:43 AM PDT by devane617 (Stop Illegal Immigration. Call your Senator today. Senate Switchboard at 202-224-3121.)
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To: Las Vegas Dave

The problem with pushing for ala carte for ‘expanded basic’ is that it can probably only be offered via digital service. Many cable subscribers still receive analog service. The ala carte forces them to go digital, thus being charged more, because filtering dozens of analog channels per residence would be a cable company nightmare.

My cable changed their line up 3 years ago and made it mandatory for subscribers to accept at least 2 digital tiers of 4 offered. Each tier had 6-10 channels, but only 1 or 2 channels I would have ever watched, at an extra $10 per tier plus $5 for the cable box, plus $5 for the digital remote control. That was a hefty total cost of $30 to get maybe 3 or 4 watchables in the mandatory tiers.

I dropped back to expanded-basic analog. Recently, the cable co has been pushing digital telephone and digital cable that now requires only 1 tier* (still with only 1 or 2 watchable channels out of the 6-10 in the tier). That would again add $10 for the tier, plus $5 for the cable box, plus $5 for the digital remote control. Around $20 to get 1 or 2 watchable channels. Hardly a bargain.

If the digital did offer complete ala carte and I got to select 30 channels I wanted for a cost comparable to what I pay now or cost less since I would be getting fewer channels, it might be worth it. Right now, I get 70 analog and watch maybe 30, but I have to wade through the other 40.

I am all for ala carte, but I have a feeling it will end up costing consumers more dollars for less channels. I would bet the cable companies to charge more for the channels such as FX and TNT and USA, etc. — than they would for the Knitting Channel or the Watching Paint Dry Channel.

==

* Cable co has been pushing digital. I am sure they are hoping to get us analog subscribers to switch. I would expect soon for them to discontinue ‘new’ analog connections and force digital on ‘new’ subscribers.


13 posted on 09/22/2007 5:05:18 AM PDT by TomGuy
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To: Pearls Before Swine
With the advent of digital TV, a whole new set of channels has been created that you can’t pick up on an HDTV without a set-top box. You can’t even get the digital TV versions of the regular broadcast channels over cable without paying extra for “digital service.” I’m not talking about HBO or pay-per-view; I’m talking about ABC, NBC, CBS, and FOX.

So, you have to pay extra for “digital service” and rent a box just to get the digital versions of the previously low end channels. You have to rent a set-top box for every TV, even if you are getting the baseline digital service.

Will this continue after 2009 when the analog channels finally go silent? In other words, will you need a set-top box in every room just for the regular stations? This is a new, hidden fee, and its pretty significant.

Actually, there is digital broadcast TV available, and if you have a TV with a digital tuner, which is becoming more and more prevalent, you won't need the "set top box." It's just like what we all went through before there were TVs with "cable ready" tuners. The set top boxes are only needed for old analog only TVs, or for premium services.

But right now (in many markets, like the KC area) you can go out and buy a new TV with a digital tuner, and a new antenna, and start watching local channels in digital, and in many cases HD.

Mark

14 posted on 09/22/2007 5:23:07 AM PDT by MarkL (Listen, Strange women lyin' in ponds distributin' swords is no basis for a system of government)
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To: Anti-Bubba182
AMEN and Free SpeechUltra Liberal TV
15 posted on 09/22/2007 5:25:31 AM PDT by bmwcyle (BOMB, BOMB, BOMB,.......BOMB, BOMB IRAN)
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To: TomGuy

People are going to be upset when this passes and their bill goes up. You can bank on it. Just like when they broke up the old AT&T.

They will be charged more and have less content.


16 posted on 09/22/2007 5:34:36 AM PDT by packrat35 (PIMP my Senate. They're all a bunch of whores anyway!)
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To: Nightshift

ping...


17 posted on 09/22/2007 5:38:45 AM PDT by tutstar (Baptist Ping list - freepmail me to get on or off.)
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To: MarkL

I realize that you can get over the air digital, and will continue to be able to get broadcast digital after the transition. Sets are now equipped for that.

My complaint was that the cable companies don’t make any of that available without extra service charges and a forced per-TV box rental. None of the HDTV signals that are available over the air can be picked up on cable without special box rental. Its a sneaky way to profit from the transition.


18 posted on 09/22/2007 5:47:35 AM PDT by Pearls Before Swine (Is /sarc really needed?)
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To: Las Vegas Dave

Spanish stations are more numerous than ever. Those are 4 channels I’d get rid of. There are 6-8 stations that get 99% of my viewing

Home shopping channels are like a lot of others. Rarely watched but if I see some sharp Dell or Gateways being sold I’m entranced by the pitch. Computers are always overpriced on these channels. It’s fun to see how they rope TV viewers into paying more


19 posted on 09/22/2007 5:47:46 AM PDT by dennisw (When it flies into your eyes, even gold dust will blind you)
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To: MarkL; Pearls Before Swine

Ebay has digital HDTV tuners. About 70$. Over the air and the reception is excellent

KEYWORD = HISENSE

http://search.ebay.com/search/search.dll?sofocus=bs&sbrftog=1&catref=C6&from=R10&_trksid=m37&satitle=hisense&sacat=-1%26catref%3DC6&sargn=-1%26saslc%3D2&sabfmts=1&saobfmts=insif&ftrt=1&ftrv=1&saprclo=&saprchi=&fsop=1%26fsoo%3D1&fgtp=


20 posted on 09/22/2007 5:52:22 AM PDT by dennisw (When it flies into your eyes, even gold dust will blind you)
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