Cablevision subscribers: Just two months after facing the loss of HGTV and the Food Network, get ready to lose WABC-TV — the ABC affiliate in New York, just hours before the Oscars telecast is set to begin.

Cablevision’s contract with Disney-owned WABC-TV will expire March 7th, and both sides have not reached an agreement.

The dispute centers around retransmission rights fees.  Currently, WABC permits Cablevision to carry its channel on their lineup for free.  But now the station wants to be paid.  WABC claims Cablevision earns $18 million a month from its broadcast basic lineup of mostly-local channels, and it’s time to share a portion of that with the station.

Cablevision has so far not agreed to the asking price.

“Cablevision’s position is that ABC7 is worth little to nothing to its business and its proposed offers have been consistently unreasonable and unrealistic,” said Rebecca Campbell, president and general manager of WABC-TV. “We think these shows are valuable, and your bill shows that Cablevision must agree since you already pay for ABC7 as part of your Broadcast Basic Tier – a service for which, as a Cablevision customer, you pay as much as $18 each month.  Cablevision charges you for ABC7 and then keeps all the money.”

WABC has started a website to educate customers how to drop Cablevision and switch to a competitor such as Verizon FiOS, or get access to the station over-the-air.

Cablevision fired back accusing ABC of asking consumers to pay a TV tax amounting to $40 million that would have to be passed onto subscribers in another rate increase.

“It is not fair for ABC-Disney to hold Cablevision customers hostage by forcing them to pay what amounts to a new TV tax,” said Charles Schueler, Cablevision executive vice president.

Both sides indicate negotiations are continuing, and some compromise may still be reached before the deadline.

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WABC-TV is running this 30-second ad telling viewers about the dispute with Cablevision, along with stories on their newscasts. (4 minutes)

The battle between Cablevision and Scripps over the carriage of two popular cable channels has been resolved, but customers in New York, New Jersey, and Connecticut are now wondering where their refunds are for three weeks of interrupted viewing.

“Why are we paying for two channels they’re not delivering,” asks Stop the Cap! reader Alvira in New Jersey.  Many others are wondering the same thing, now that Cablevision is billing customers for January service that delivered an incomplete cable lineup.

The town supervisor of Ramapo, in Rockland County, New York, is demanding rebates for customers.

“We want a refund,” said Christopher St. Lawrence.  “We have over 10,000 [customers] right here in the town of Ramapo.”

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WABC-TV New York reports on customer demands for refunds from Cablevison. (2 minutes)

The resolution over the carriage dispute came last week, after negotiations finally achieved an agreement restoring the channels.

“This is the resolution everyone wanted, and to have achieved anything less would have been a profound disappointment,” said John Lansing, executive vice president of Scripps.

Scripps had demanded about 75 cents per month from each subscriber for the two networks.  Cablevision formerly paid 25 cents per month.  In the end, industry watchers suggest the two companies ended up agreeing on about 45 cents per month.

A Torrington man wants a law empowering consumers to charge their cable companies “rent” for allowing their unwanted cable boxes to stay in customers’ homes.

“I’ve got to keep it warm, I’ve got to feed it electricity. If anything happens to it, I’ve got to pay $175,” Stephen Simonin shared with the regulatorily-toothless Litchfield County Cable Television Advisory Council.  “It’s absolutely insane,” he said before being elected chairman of the Council.

The Republican-American covered the converter box debacle, and the ongoing dispute between Cablevision and Scripps-owned HGTV and Food Network, thrown off the cable lineup on New Year’s Day.

The growing variety and intensity of disputes between consumers and largely deregulated cable operators may signal a growing backlash against the cable industry and its potential for a more regulated future.

In the absence of regulation, Simonin said, “it is like the wild west.”

Simonin lodged official complaints about his converter box long before his wife began griping about the absence of Food Network from the family television. State regulators are equally powerless to force cable companies to provide content without converter boxes, or specific channel offerings, as are the various cable advisory councils.

Attorney General Richard Blumenthal, now a candidate for the U.S. Senate, said he opposed the federal law that deregulated the cable television industry in 1996, and continues to oppose it.

“I have said again and again and again over the years, Congress not only stripped states of their power to effectively protect consumers, but also failed to provide for federal protections,” Blumenthal said. There “really is no effective oversight or scrutiny.”

Telecommunications company-owned equipment, and the rental fee income earned from it, can occasionally be a source for profit-padding, especially when providers don’t allow customers to purchase and own their own equipment.  Television sets were supposed to be designed to accommodate digital cable transmissions without a required converter box as the country adopted new digital television-capable sets, but consumer experiences with a cable-box-free CableCARD plug-in cards have been mixed.

“The situation is infinitely more complicated than that suggests,” said Andrew Jay Schwartzman, president and CEO of Media Access Project. Schwartzman said about 90 percent of the televisions currently in use do not have the capability Simonin describes, though he agrees “companies like Cablevision are, in fact, monopolizing the set top box to their benefit.”

Schwartzman said the FCC has promised prompt review of a petition filed two weeks ago that demands consumers be allowed to purchase a converter box from a third party, rather than be forced to rent a box from their cable provider.

“This is a very active issue right now,” Schwartzman said.

Negotiations between Scripps and Cablevision continue to drag on in the northeast as New York, Connecticut, and New Jersey Cablevision cable subscribers go without their HGTV and Food Network.

Progress has been incremental at best as Cablevision continues to refuse to accept paying the increased fees Scripps wants.  Cablevision’s declaration that is expects to never carry Scripps programming again doesn’t help.

Meanwhile, Food Network president Brooke Johnson has been running from one news channel to another to talk about Scripps’ position on the dispute, and that “hundreds of thousands” of viewers have complained about the loss of their two networks, a number Cablevision disputes.

Pali Research analyst Richard Greenfield, who covers the cable industry, defended Cablevision, giving credit to the Dolan family that owns Cablevision for standing up to Scripps’ rate increase request.

Greenfield accused Comcast and Time Warner Cable of “essentially rolling over” in their negotiations with Scripps, agreeing to price hikes for their networks, an allusion to Time Warner Cable’s campaign to fight back against programmer price increases.

If those cable companies “had taken a far harder stance with Scripps, Cablevision’s pushback may actually have forced Scripps’ hand,” Greenfield wrote.

Still, most viewers could care less about the power plays between cable and the programmers.  They just want their HGTV and Food Network back.

[flv]http://www.phillipdampier.com/video/WCBS New York Cablevision Scripps Dispute 1-4-10.flv[/flv]

WCBS-TV New York ran these two reports during their 6pm and 11pm newscasts describing the battle between Scripps and Cablevision, and consumer reaction.  (4 minutes)

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Same story, different city as WTNH-TV viewers in New Haven, Connecticut share their views on the dispute.  (2 minutes)

[flv]http://www.phillipdampier.com/video/CNBC Brooke Johnson Cablevision Scripps Dispute 1-4-10.flv[/flv]

Food Network president Brooke Johnson appeared on CNBC to take questions about the dispute and changing business model of cable TV and programmers.  (5 minutes)

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Johnson also turned up on Fox Business News to discuss the dispute, how negotiations are going, and how viewers are reacting.  (6 minutes)

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Bloomberg Brooke Johnson Cablevision Dispute 1-4-10.flv[/flv]

…And Johnson also appeared on Bloomberg News accusing Cablevision of paying themselves top dollar for AMC, a network they own, while refusing to negotiate over a price increase for the “more popular” HGTV and Food Network amounting “to pennies per subscriber.”  (6 minutes)

Cablevision, the nation’s fifth largest cable operator, yanked Food TV and HGTV from suburban New York cable systems early this morning in another fight over programming fees.

The two popular cable channels, owned by Scripps Networks, were “no longer authorized” to be shown to Cablevision customers after the two companies failed to reach an agreement over what the cable operator should pay per month for the two networks.

Perhaps overshadowed by the bigger profile Time Warner Cable-Fox dispute which impacts cable customers across the country, the fight between Cablevision and Scripps has been nasty even by the standards of knockdown, drag-out fights characterizing most of these contract spats.

Cablevision characterized Scripps as “financially troubled” in its own account for the press this morning:

“We are sorry that Scripps’ current financial difficulties are making it impossible for them to continue our relationship on terms that are reasonable for Cablevision and our customers,” the company said in a statement. “We wish Scripps well and have no expectation of carrying their programming again, given the dramatic changes in their approach to working with distributors to reach television viewers.”

That’s about as final as it gets, as the cable operator signals it’s done haggling over prices, at least for now.

Cablevision has a website of its own to explain the decision to drop the two networks

As usual, customers are caught in the middle in an advertising and PR war back and forth.

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This morning, Cablevision customers found this message running on the channels formerly occupied by HGTV and Food Network.

Scripps has set up websites for consumers to get their take on the matter, and has also taken to running some 30-second ads of its own, along with network personalities giving their testimony about why the channels are going to be missed.  I Love HGTV and I Love Food Network largely mirror each other’s content in a blog format.  Scripps argument for Food Network, which basically also applies to HGTV:

1. Food Network is among the most popular brands on television, consistently ranking among the Top 10 networks in cable and satellite. In fact, Food Network attracted record numbers of viewers in 2009.
2. Cablevision does not pay Food Network comparably to what it pays other Top 10 networks; yet it pays some networks that deliver substantially smaller audiences significantly more for their programming.
3. The rates currently paid to Food Network by Cablevision are among the lowest in the industry. In 2009, Food Network is 75^th of the 79 Nielsen-rated cable and satellite networks in terms of average rates received from distributors per subscriber. (Source: Kagan Research)
4. Cable subscribers on the whole, responding to the 2009 Beta Subscriber Study, said Food Network is worth $1.03 per month, which is considerably more than Cablevision is paying for the network’s programming and more than Food Network is asking in the current contract negotiations.
5. Cablevision customers pay an average subscription rate of $83 per month. The monthly fee Cablevision pays for Food Network is a small fraction of that figure.

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Scripps fires back with its own ad alerting Cablevision subscribers to call and ask for HGTV and Food Network back on their lineup.

Judging from the comments left on both of Scripps’ sites, consumers know they are stuck in the middle and many are not thrilled with either party.  Some of the comments:

Each of you blames the other, but it’s probably a lot of both, and we, the viewers, are the real losers.  Thanks a lot to both Cablevision and Scripps. You’re just like the Republicans and Democrats — neither side seems to understand the meaning of or necessity for compromise to benefit the masses. Have a wonderful New Year.

You guys are schmucks. You waited until the very last minute, on New Years Eve, to tell everyone about this before launching your stupid campaign. You are using your customers to fight your battles, and are ultimately punishing all of them at the end of the day. And that’s pathetic.

YOU guys are the scumbags! You’re so greedy, I hope Cablevision snubs you. If Cablevision picks you back up at your hiked rate, we’ll be the ones paying an even higher bill, you idiots.
Thanks loads and happy new year to you, too. Greedy morons.

Whatever the disagreement is on funding, ultimately, it is us as the consumer who are paying the bill. My wife LIVES for the Food Network and would be willing to pay for it as a Premium channel. If that’s the road both sides want to take, both will lose out. Only a few like myself would be willing to pay extra for it……there will be other subscribers that could care less either way.

I turned on my TV this morning to watch the Rose Parade at 11 am and found an obnoxious rotating statement from Cablevision instead of the channel. I then went online to the web address they provided on screen and read their say -nothing statement that put the entire blame on Scripps networks. Instead of telling the customers there was a problem and asking what we would want to pay for these networks, they just yanked them. They are the most customer-unfriendly company I have seen, and it is not just from this action where I form this opinion.

We have enjoyed the FoodNetwork and HGTV but you deserve to be off Cablevision, there is no way your combined networks are worth almost $2 a month, 25 cents is about right. My cable bill is too high now, 2 bucks for what you have? Forget it, I will have to do it the old fashion way. We lived without you before and will live without you again.

To Cablevision, I have had my rates raised countless times over the past 10 years, and have nothing to show but more CRAP channels. I can’t watch NFL channel, I don’t get my hard to find football games because I am a fan of an out of area team, and now, I can’t watch the ONE CHANNEL that I regularly follow, FOOD Network. The fact that companies like you have spurned the “a-la-carte” system that would allow me to choose and pay for the channels I want (which I would gladly do for Food Network and HGTV) and instead want to keep your profit margin as large as possible is a testament to the corporate GREED that you embrace instead of a value based system. You can talk tough and try to put all of the blame on Scripps, but the truth is, you are both to blame.

Somehow, I don’t think this was the kind of reaction either company expected from customers who have wised up to who will ultimately pay to resolve this in the end.

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HGTV’s Vern Yip speaks to Cablevision customers about how to get HGTV back on their cable lineup.  (30 seconds)

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Food Network’s Guy Fieri is “blown away” with Cablevision’s decision to drop Food Network from the lineup. (30 seconds)