Cablevision characterizes the dispute as a "TV tax" on its subscribers

More than three million Cablevision subscribers in New York, New Jersey and Connecticut are without their local ABC station as another retransmission fee dispute reached an impasse late Saturday night.

WABC-TV, the top-rated television station in New York went dark on Cablevision customer screens Sunday morning, potentially depriving cable customers access to tonight’s Academy Awards telecast.

“If Cablevision is serious about doing right by their customers and returning ABC7 and its programming to them, then they need to act now. The ball is in their court,” WABC-TV president and general manager Rebecca Campbell said in a statement.

The station says it sent Cablevision a new proposal earlier today, but Cablevision had not yet responded.

Cablevision argues it already pays $200 million dollars a year for Disney-owned cable networks like ESPN, and WABC’s request for what the company characterizes as $1 per month per subscriber is too much.

Cablevision is telling subscribers “it is wrong for ABC to demand $40 million in new fees to help pay the salaries and bonuses for top ABC executives” and characterizes the additional fees as a “TV tax.”  That argument might have some sway had Cablevision not recently agreed to some hefty pay raises and bonuses for its own management, while customers faced another rate increase.

Coming just two months after another high profile dispute between the cable operator and Scripps’-owned Food Network and HGTV, some Cablevision subscribers have had enough.

Stop the Cap! reader Jen said she ordered Verizon FiOS for her Long Island home as soon as she heard about the dispute.

“We’ve been here before and I just knew these guys would not get serious about negotiations until after the station was pulled, and I’m tired of them playing with my lineup arguing over who gets my money,” Jen writes.  “Verizon FiOS had a great sign-up offer and they don’t have these bull-headed disputes that drag customers into the middle of the ring to get repeatedly gored.”

Jen’s service was installed Friday, so she’s enjoying tonight’s Oscar telecast while her neighbors might not.

“Maybe we’ll have them over so they don’t have to play around with rabbit ears,” she adds.

Cablevision has been hounded by politicians who are also annoyed with programming disputes.  Cablevision says it would agree to binding arbitration and wants the Federal Communications Commission to intervene.  Both possibilities are highly unlikely, however.

What is likely is the high profile Academy Awards broadband will act as a de facto deadline for the two sides to hammer out a final agreement in time to allow WABC back on the lineup.  Most likely, both sides will settle around the 50-60 cent range for New York’s channel seven.

[flv width=”600″ height=”356″]http://www.phillipdampier.com/video/WABC New York Cablevision Drops WABC 3-7-10.flv[/flv]

WABC-TV New York tells viewers Cablevision dropped channel 7 early Sunday morning after negotiations failed to resolve a dispute over fees. (2 minutes)

[flv]http://www.phillipdampier.com/video/Cablevision Dispute WABC 3-5-10.flv[/flv]

Cablevision is running this message for subscribers explaining the loss of WABC-TV from the cable lineup. (3 minutes)

Princeton, Kentucky

A cable technician and his supervisor were jailed late last week after a customer dispute escalated into a shoving match between the Mediacom employees and the Princeton, Kentucky police.

Under arrest are Shannon K. Parker, 46, of Indian Avenue, Oak Grove, and 55-year-old Phillip R. Tosh of Centennial Drive.

Police officials responded to a call from 509 North Jefferson Street over an argument between a customer and the cable technician.  When police arrived, they report Parker was using loud, obscene language and refused to follow police instructions to calm down.

Tosh, a Mediacom supervisor, then joined the fracas and reportedly shoved one of the officers attempting to take Parker into custody.

The Times-Leader reports both men were arrested and lodged in the county jail.

Parker was charged with disorderly conduct. Tosh was charged with third-degree assault on a police officer and hindering prosecution or apprehension.

The investigation continues, and other charges are possible, police told the newspaper.

News Corporation chairman Rupert Murdoch

The days of finding free access to News Corporation’s online content, from Fox News to the New York Post to Sky News are numbered, according to chairman Rupert Murdoch.

Murdoch spent several minutes with Sky News Australia political editor David Speers lamenting the mistake News Corporation made in providing free access to its news stories and content websites, declaring the free ride is about to end with the near-universal introduction of “paywalls” requiring Internet users to open their wallets to read or watch their content.

Murdoch says he wouldn’t mind a substantial decline in web traffic from visitors who currently find his companies’ content through Google news and content searches, claiming advertisers don’t place much value on one-time visits.  He prefers customers willing to pay.

Murdoch suggested most of News Corporation’s content will end up looking similar to today’s Wall Street Journal — a few sentences for free and then an invitation to subscribe to read more.  Videos could cost more.

Murdoch accused Google and other indexing services of “stealing” content, and when asked if he would be willing to request that Google stop indexing his websites, Murdoch replied, “I think we will.”

MSNBC’s Rachel Maddow had fun with that answer last night, pondering how Murdoch will attract audiences to his content when the company refuses to allow search engines to index it.

[flv width=”536″ height=”316″]http://www.phillipdampier.com/video/MSNBC Rachel Maddow on Murdoch 11-09-09.flv[/flv]

Rachel Maddow comments on Rupert Murdoch’s apparent plan to ban indexing of his websites’ content by Google. (11/9/09 – 1 minute)

Sky News Australia was in no position to seriously object, as they are partly owned by News Corporation themselves, and Murdoch had little to fear from Speers’ gentle treatment of the media icon.

Among the company’s global media properties:

Phil Kerpen (left) waits his turn while Glenn Beck explains the Marxism connection in Net Neutrality

Glenn Beck, who is America’s biggest argument for mental health parity in health care reform, has turned his paranoid ravings to the subject of Net Neutrality, suggesting the whole concept is one giant government conspiracy to take over the Internet.  To prove the point, he brings on Phil Kerpen, policy director and master astroturfer for “Americans for Prosperity,” which should really be called “Telecom Companies for Prosperity.”

Glenn Beck believes there is a conspiracy by Obama Administration officials, working with “Marxists and Maoists,” to secretly gain control of the Internet through the implementation of Net Neutrality, and to prove it, he brings on a guy whose paycheck depends on the corporate contributions from big telecommunications companies that want him to pretend he represents actual consumers.  The real conspiracy was sitting just six feet away from Glenn, but he missed it because he was too busy rearranging pictures of Mao Tse-Tung and others on his magnetized chalkboard.

Drawing chalk lines and stacking and re-stacking pictures like some sort of deranged episode of The Hollywood Squares doesn’t actually prove a conspiracy, but I’ll take Mao Tse-Tung in the center square to block!

In a remarkably fact free ten minutes, Glenn’s photo album of the guilty got star billing, as he labeled those who personally crossed swords with Beck or Fox News as “Marxists.”  Van Jones, who founded Color of Change, the organization that coordinated an effort to strip Beck of virtually all of his mainstream paid advertisers after Beck accused President Obama of being racist against white America is there.  Rahm Emanuel and Anita Dunn, both of whom referred to Fox News as an arm of the Republican Party are there (Emanuel “is just evil, not a Marxist” according to Beck, while Dunn is a “Maoist.”)  Robert McChesney, who co-founded Free Press, one of many public interest groups fighting for Net Neutrality is there as well.  He’s the ‘real string puller and master conspirator’ here, according to Beck and Kerpen.

At times, this theater of the absurd left Kerpen with an odd look on his face, reduced to simply looking up at Beck, who spent large amounts of two segments on the all-important issue of moving and labeling pictures of his personal enemies around like a 14 year old throwing a temper tantrum.  It’s hard to argue Americans for Prosperity represents the sane position on Net Neutrality after Kerpen’s ten minute Beck Affirmation Session.

[flv width=”640″ height=”480″]http://www.phillipdampier.com/video/Glenn Beck Ravings of Net Neutrality Part One 10-20-09.flv[/flv]

Part one of Glenn Beck’s rant on Net Neutrality with Americans for Prosperity’s Phil Kerpen on October 20th (6 Minutes)

When dealing with people not entirely there, sometimes it is safer to just humor them while you seek a graceful exit.  But Kerpen played along with Beck’s label gun, and as we’ve seen all year, co-opted the paranoia among some conservatives that Net Neutrality, the Fairness Doctrine, and President Barack Obama are all conspiring to silence Glenn, right wing talk radio, and sooner or later all dissent.

Beck opens the discussion by fundamentally misunderstanding the very definition of Net Neutrality.

“Net neutrality. This is that everybody should have free Internet, right?,” Beck asks Kerpen.

“Well, essentially. You know, they dress it up the way they dress up a lot of their things. They turn it upside-down by saying that evil corporations, phone and cable corporations are going to block what we can do block or we can say,” Kerpen responds.

In fact, Net Neutrality has nothing to do with giving away free access to the Internet.  It is about preserving the free exchange of ideas that would allow Glenn, and anyone else, to talk about whatever they want online without fear a broadband provider would interfere with their content, slow access to it, block it, or charge extra to make sure it gets through to people at reasonable speeds.

Beck tried to conflate Net Neutrality with a government plan to give away access to everyone at taxpayer expense.

“I don’t remember anybody saying in the 1930s that everybody had a right to radio and we gave away free radios for the government. And I don’t remember anybody in the ’50s everybody deserved a free television, but that’s where we’re headed now. So that neutrality – I want to get to that later on in the week,” Beck said.

Perhaps Beck will educate himself on Net Neutrality by that time.

Kerpen knows better, but he’s paid to distort the issue.  Stop the Cap! consumers encountered Americans for Prosperity in North Carolina this past summer who were duped to show up to support state measures restricting municipal broadband projects in the state.  They thought they were there to support a-la-carte cable programming options and to oppose Obama Administration “emergency powers” to control the Internet.  Upon learning the true nature of the legislation at hand, a number of them ended up on our side.  They hate big telephone and cable monopolies too.

Americans for Prosperity is largely funded by corporate interests, which makes it unsurprising they would echo their talking points.

Kerpen’s fear factory that Net Neutrality represents a way for government to demand balance on websites is laughable, but then we know better.  For a crowd that already believes in the basic construct of Glenn Beck’s world view, it’s entirely believable.  That’s a shame, because it is Net Neutrality that ultimately will protect their access to Glenn’s online content without blockades or extortionist pricing from broadband providers.

[flv width=”640″ height=”480″]http://www.phillipdampier.com/video/Glenn Beck Ravings of Net Neutrality Part Two 10-20-09.flv[/flv]

Part two of Glenn Beck’s rant on Net Neutrality with Americans for Prosperity’s Phil Kerpen on October 20th (5 Minutes)

Who dares break the most sacred Ark of the Cable Covenant?

In March 2000, two cable magnates sat down for the cable industry equivalent of My Dinner With Andre.  Fine wine, beautiful table linens, an exquisite meal, and a Monopoly board with pieces swapped back and forth representing hundreds of thousands of Canadian consumers.  Ted Rogers and Jim Shaw drew a line on the western Ontario border and agreed to stay on their respective sides of it.  Ted and Jim divvied up each others cable interests, swapping Rogers’ systems west of Ontario with Shaw’s systems east of the provincial line. Thus was born the Ark of the Cable Covenant, with its founding principle: Thou shalt not compete or intrude in my territory.

The only question left at the end of the meal was who was going to pick up the check.  You did.

And so it was.  Since 2000, Shaw Communications has kept its operations west of Ontario, Rogers stays in Ontario and points eastward.  A very nice state of affairs, as long as you are not a Canadian consumer looking for competitive relief from high prices and lousy service.

Shaw Raids Ontario

But in July there was heard a great rumbling across the prairies and into the verdant forests and rolling hills of southwestern Ontario.  What was that sound?  Who were these cowboy hat wearing hordes riding across the lands to the shores of Lake Ontario carrying saddle bags stuffed with cash?  Why look, Calgary-based Shaw is staging a $300 million dollar buyout raid on Mountain Cablevision, Ltd., a 41,000 subscriber independent cable company based in Hamilton, Ontario.

But what of the sacred agreement?  Ted Rogers passed away in December, leaving Shaw to rhetorically ask, “What agreement? Do you know anything about an agreement?”

Indeed, there is no honor among thieves and cable executives seeking the spoils of a highly uncompetitive industry.  Rogers was shocked to discover an invasion on their turf, and they responded with a torrent of attorneys to block the deal, as Canwest News Service notes:

“Shaw is bound by the restrictive covenant which prohibits Shaw from building or acquiring any broadband wireline cable business in Ontario, Quebec or Atlantic Canada,” Rogers argued in court documents released Thursday.

Thankfully for Shaw, Ontario courts do not typically recognize “covenants” as sacred documents not to be broken.  Justice Frank Newbould on the Ontario Superior Court of Justice rejected the de facto non compete agreement and said Rogers had not proven any irreparable harm from the sale, dismissing Rogers’ “proof” as “speculative in the extreme.”

Of course, you realize this means war.

Tim Pinos of Cassels, Brock & Blackwell LLP is Rogers’ lead lawyer on the file. Shaw’s intentions are clear, he said Friday: “Shaw desires to re-enter Eastern Canada and acquire cable systems.”

Aside from picking a competitive fight with Rogers, an expansion east would pit Shaw against smaller but powerful players, such as Videotron, which is owned by giant Quebecor Inc., and commands a near-monopoly in Quebec.

With the agreement shattered, Rogers is likely casting its eyes westward, observers say.

Earlier this week, Edward Rogers was appointed to the role of deputy chairman of the company his father built. He moves from heading up Rogers Cable and will also oversee new operational responsibilities, including strategic acquisitions.

Unfortunately for consumers, some sacred agreements will remain unbroken.  Namely the one that keeps companies like Shaw and Rogers from competitively wiring communities already served by each other and competing head to head.  That simply wouldn’t do.  It would ruin a perfectly delightful meal.