Frontier Communications FiOS customers in Oregon and Washington are getting free premium movie channels to make up for the loss of two local TV stations that pulled their signals off the lineup after failing to reach a contract extension agreement.

In a rare case of provider magnanimity, Frontier is giving customers three free months of HBO, Showtime, and Starz as part of its apology for the loss of two local ABC stations: KATU-Portland and KOMO-Seattle in a retransmission consent dispute:

Frontier knows how important local programming is to you. We would like to show our appreciation for your patience during our negotiations with Sinclair Broadcasting. Existing FiOS TV customers in the Portland and Seattle markets will receive complimentary access to select premium channels (HBO, Showtime or Starz) for the next 3 months. Enjoy this gift starting today! Don’t want the channels? Call 1.800.921.8101 to have them removed.

Cable operators rarely offer customers discounts on their bill or free channels as a consolation for the channel losses, but Frontier apparently wants to set a different standard with its FiOS fiber to the home customers in the Pacific Northwest.

KATU and KOMO, both owned by Sinclair Broadcast Group, have been off the lineup since New Year’s Day. That caused subscribers in both cities to lose their local ABC stations. If customers already subscribe to one of the premium channels, they will receive a $20 credit usable for video-on-demand or pay-per-view events.

Getting KATU and KOMO over the air can be challenging for some Frontier customers in outer suburbs, so the loss of the stations could cause some customers to cancel service and switch providers.

“Frontier knows local programming is important to our customers and we are continuing to negotiate with Sinclair Broadcasting for a reasonable rate,” Frontier spokesman Javier Mendoza said in a written statement.

Frontier FiOS TV customers in the Seattle area are still paying the same price for a cable television package missing one of its most popular channels and the phone company won’t lower the bill.

Since the New Year began, a retransmission consent dispute between Frontier Communications and Sinclair Broadcast Group — the nation’s largest station group owner, has meant customers can no longer watch KOMO-TV (ABC) in Seattle on their Frontier FiOS lineup.

Daily Herald columnist Julie Muhlstein pondered if that should inspire more Washington residents to retaliate with some cord cutting of their own, especially after Frontier Communications delivered an unsympathetic response to the questions many cable customers ask when channels suddenly vanish from the lineup – why isn’t the bill going down?:

Not only is FiOS my source of TV at home, The Daily Herald has a Frontier hookup. For now, there will be no watching KOMO News or ABC on our newsroom TV.

I don’t watch “The Bachelor,” but that’s not the point. Shouldn’t all local affiliates of major commercial broadcast networks — particularly the traditional big three, ABC, CBS and NBC — be the minimum of what cable providers offer? I think so.

And if Frontier Communications offers less, shouldn’t monthly bills be reduced? I think so.

That’s not the way the business works, said Javier Mendoza, director of communications for Frontier Communications. Mendoza confirmed Tuesday that Frontier’s agreement with Sinclair Broadcast Group, Inc. has expired. Sinclair owns Seattle-based KOMO TV, the local ABC affiliate.

“FiOS occasionally changes its channel offerings. That’s covered in our customer service agreement,” Mendoza said. “Such programming package changes are part of normal business and no discounts are available.”

In other words, tough luck and no refunds. Watch something else.

Phillip Dampier: TV retransmission consent disputes will eventually cost both sides money and customers.

Frontier may be its own worst enemy deleting major network affiliates from the lineup, because for many subscribers, those are the channels that keep them subscribed to a bloated, overpriced cable television package that includes dozens of channels they will never watch. Once off the lineup, customers begin searching for alternatives, and something as simple as a good over-the-air antenna can restore free television channels that now cost many cable subscribers several dollars a month only because they travel across a wire or through a satellite dish.

Sinclair, for its part, isn’t terribly sympathetic to the consumer either, demanding an ever-increasing amount of compensation from cable and satellite providers to carry their local stations on the lineup.

Barry Faber, Sinclair’s executive vice president for distribution and network relations, says their asking price was perfectly reasonable for other providers (even though many promptly pass those fees on to consumers in the form of a ‘Broadcast TV Surcharge’). Faber implied Sinclair offered a ‘take it or leave it’ price and Frontier left it.

“They just decided they don’t want to pay that amount. That’s their decision,” Faber said. “It’s up to subscribers to decide what they want to do. If I were a subscriber, I’d think about leaving them.”

Unfortunately for Sinclair, if subscribers go back to using an antenna for television, they will effectively no longer be filling Sinclair’s bank account either, because watching over the air television is still free, at least until someone tries to charge viewers for that as well.

Frontier Communications has told Sinclair Broadcast Group the asking price to renew carriage of the Tennis Channel and several Sinclair over-the-air stations is too rich for their blood, and as a result will drop the channels Jan. 1, 2017.

The most affected network will be Sinclair’s Tennis Channel, which is seen in several hundred thousand homes subscribed to Frontier FiOS, U-verse, or its new IPTV service Vantage TV.

“We are not close,” Barry Faber, Sinclair’s executive vice president and general counsel, told the Wall Street Journal on Tuesday.

Sinclair is the largest owner of local television stations in the country — owning or operating 173 stations in 81 cities. But only a handful are threatened by this contract dispute:

Frontier called Sinclair’s proposed renewal price “unreasonable” and stopped responding to Sinclair’s follow-up offers, according to Faber.

“And that’s where it stands,” Faber added. “We view it as negotiations are over.”

More than five million Dish Network customers in 36 states can once again watch Sinclair-owned TV stations on the satellite service after the head of the Federal Communications Commission intervened to end the largest TV station blackout in U.S. history.

On Tuesday, Sinclair ordered its 129 stations to pull the plug on Dish subscribers after the satellite company failed to reach terms on extending its carriage agreement.

Dish accused Sinclair of “failing to negotiate in good faith” and noted the two companies had reached an agreement on a price to continue carrying the TV stations. What derailed the deal? Sinclair demanded Dish carry a new cable network focusing on high school and college sports it was planning to eventually launch. The TV station group owner also wanted to right to negotiate carriage contracts for another 23 stations Sinclair does not own, but operates under joint-sales agreements. Last March, the FCC prohibited such agreements but Sinclair believed its stations were grandfathered and not subject to the FCC’s ruling.

The large number of stations involved and the potential subscriber impact of dropping more than 100 stations all at once may have given Sinclair extra confidence to pull off a game of hardball. Dish lost 81,000 pay-TV customers in the second quarter of 2015, compared with a loss of 44,000 a year earlier. Dish is also no stranger to these kinds of disruptive disputes, having been involved in 32 of 74 major programming blackouts since 2013.

Earlier this month, Sinclair executives also told investors during an earnings call that the retransmission consent contracts with 75% of its distribution partners (cable, telephone and satellite companies) were up over the next year, giving Sinclair the chance to reset renewal rates higher to boost revenue.

Sinclair owned television stations (the numbers show the number of TV stations Sinclair owns and operates in a region.)

In a research note, BTIG analyst Richard Greenfield said Sinclair’s “greed” was likely to backfire on the company.

“Sinclair’s actions vis-à-vis Dish look to us like lighting a match in a dry brush field,” Greenfield wrote. “The government is looking for reasons to get more involved to help consumers. Sinclair may have finally given them a blatant enough excuse.”

Greenfield was right.

The dispute attracted the attention of FCC chairman Thomas Wheeler who requested “an emergency meeting” with the two companies yesterday to focus on the dispute. Wheeler had previously warned the FCC was taking a closer look at the growing number of station and network interruptions that anger paying customers. So far this year, there have been 145 station and network blackouts according to the American Television Alliance. Last year there were 107. In 2010, there were 12.

While most carriage disputes are about a disagreement over the fair value of a network’s programming, this high-profile battle already reached a settlement on that issue.

“At first blush, Sinclair’s actions sound crazy,” says Greenfield. He is convinced Sinclair has blatantly violated FCC rules by demanding to negotiate for stations it does not own. He also thinks demanding fees for a future cable network could run afoul of federal antitrust laws.

In this latest standoff, and under pressure from the FCC, Sinclair appears to have blinked first and programming was restored for Dish subscribers beginning late Wednesday, as an agreement between Sinclair and Dish was reached. The terms were not disclosed.

“On behalf of more than 5 million consumers nationwide, I am pleased Dish and Sinclair have agreed to end one of the largest blackouts in history and extend their negotiations,” Wheeler said before a final agreement was announced. “The FCC will remain vigilant. Use of the public airwaves is a public trust.”

Several million Time Warner Cable and Bright House customers in New York, California, Texas and Florida will lose CBS programming this Wednesday at 5pm if the three companies do not iron out their differences in contract renewal negotiations.

CBS and Time Warner Cable have taken their fight public over retransmission consent talks that have left the two sides far apart. The cable operators say CBS has gotten greedy asking for as much as 600 percent more than what the cable companies paid under the old agreement that expired in June. CBS says the fact its stations have never been thrown off cable systems before is proof that their terms are reasonable.

Cable analysts say CBS’ old agreement cost the two cable operators between 75 cents and one dollar a month per subscriber. Most believe CBS is now asking for between $1-2 a month per subscriber to renew the agreement.

CBS wants to be paid at levels comparable to the most popular cable networks and believes the fact the network is now number one in the ratings delivers negotiating power. CBS has not made its aggressive position on carriage fees a secret. Executives have told investors it plans to quadruple cable and satellite fees over the next four years with a goal to raise an extra $1 billion. Wall Street analysts have recommended the stock to investors and its value has risen at least 65% in the past year.

But Time Warner Cable spokeswoman Maureen Huff believes CBS is asking for too much.

“Broadcasters have already hit customers with 84 broadcaster blackouts in the past 18 months,” Huff said in a statement. “Les Moonves, president and CEO of CBS, has always been outspoken about the programming fees he believes he deserves. He has said ‘the sky is the limit’ when talking about the price he thinks he deserves for his CBS stations, and he clearly means it. He doesn’t seem to care about our customers’ budgets or the going rates for CBS programming.”

But critics contend Time Warner Cable does not come to the table with clean hands on the issue of expensive carriage fees. Time Warner Cable seemed less concerned about the skyrocketing costs of cable programming when it set high asking prices for TWC-owned regional sports networks SportsNet and TWC Deportes.

CBS says it deserves at least as much as what Time Warner Cable pays Time Warner Entertainment’s TNT, which reportedly charges at least $1 a subscriber.

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CBS is now running this ad in New York City warning Time Warner Cable customers they are about to lose WCBS-TV, the local CBS affiliate.  (1 minute)

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Not so fast, says Time Warner Cable. CBS wants 600% more for WCBS, driving up the price customers pay for cable television. (1 minute)

If no agreement is reached, CBS expects customers will lose access to its network-0wned affiliates starting at 5pm Wednesday afternoon. Although most media reports are focused on the fact CBS stations in New York, Los Angeles, and Dallas are affected, not all are CBS affiliates. In fact, customers in a few other cities will also find their CBS-owned stations dropped:

• New York: WCBS (TWC)
• Los Angeles: KCBS, KCAL (TWC)
• Dallas-Ft. Worth: KTVT, KTXA (TWC)
• St. Petersburg-Tampa: WTOG (Bright House)
• Riverhead (Long Island): WLNY (TWC)

Some Bright House customers are also affected by dispute.

The Wall Street Journal reported that Time Warner Cable and Bright House would also drop Showtime from lineups across the country in a retaliatory move, but this was not confirmed by either cable company.

Station owners are seeking higher retransmission consent payments from cable and satellite operators to establish additional sources of revenue. Pay television customers ultimately foot the bill with higher priced cable television service. As prices rise, pay television operators increasingly worry customers will either defect to a competitor or cut the cable television cord for good. Some operators are adopting a tougher stance, willing to drop stations from the lineup.

Most station owners believe the larger number of stations they own or control, the less likely a cable operator will actually throw a station off the lineup. This month, Wisconsin-based Journal Broadcast Group is threatened with the loss of nearly half of its 15 television stations on Time Warner Cable systems in Wisconsin, Nebraska, and California:

• WTMJ Milwaukee
• KMTV Omaha
• WGBA Green Bay/Appleton, Wisc.
• WACY Green Bay/Appleton, Wisc.
• KMIR Palm Springs, Calif.
• KPSE Palm Springs, Calif.

Bigger is better

Some stations have been off the lineup since July 10 in some markets, with digital sub-channels first removed by Time Warner Cable in a warning shot in others.

Larger station owners like Sinclair Broadcast Group have felt less threatened. The more stations under negotiation, the more leverage station owners have in contract renewal talks.

Sinclair is further boosting its position in the local TV station business, spending almost $2 billion in the last 18 months buying 81 more television stations.

Sinclair owns and operates, programs or provides advertising sales services to 140 television stations in 72 markets nationwide. They are a force to be reckoned with. Despite angry words over the station owner’s asking price, both Dish Networks and DirecTV renewed their carriage agreements with Sinclair without disrupting viewing.

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The Wall Street Journal’s “Moneybeat” looks into the retransmission dispute between CBS and Time Warner Cable and what impact it may have on viewers. (5 minutes)