Although Spectrum Cable customers will face higher cable TV bills starting next month, the company’s shareholders are delighted, boosting Charter’s stock price more than $50 a share on the news.

Spectrum’s latest increase (the second in four months) of its Broadcast TV Surcharge will set a uniform national fee of $11.99 a month for all of its cable television customers.

In 2018, customers paid an average of $8.75 a month in local TV surcharges. But last November, Charter raised the surcharge to $9.95 a month. Now, just a few months into 2019, Spectrum wants another $2 a month — a 20% increase — to watch local television signals that are available for free to those with an antenna. That’s a steep increase for what began as a $2 surcharge for some customers starting in 2015.

Charter’s investors reacted positively to the latest rate hike, jumping the stock price from $289.91 a share to $340.95 — a $51.04 boost after the fee increase was first reported by the Los Angeles Times.

The new surcharge will be reflected on customer bills beginning as early as Feb. 21.

Charter blamed broadcasters for the “rapidly rising cost” of including local TV stations on the cable lineup. In a letter to some state telecommunications regulators, the cable operator claimed it would be inefficient to not raise prices.

Charter’s share price shot up on the news it was increasing its Broadcast TV Surcharge by 20% just four months after the last increase.

“Containing costs and efficiently managing our operations are critical to providing customers with the best value possible,” wrote Melinda Kinney, Charter’s senior director of government affairs for Charter’s Northeast Division. “Like every business, Charter faces rising costs that require occasional price adjustments.”

But many customers, especially those in marginal reception areas, are loudly complaining that Charter is raising its Broadcast TV Fee even as it drops regional over the air stations from its cable lineup. In 2017, Spectrum customers in western Massachusetts reported a gradual exodus of local TV stations from their lineup, starting with WWLP, the NBC affiliate in Springfield with strong local news coverage of the western half of the state. Today, Spectrum only provides western Massachusetts with a single NBC station — WNYT in Albany, N.Y., which keeps viewers up to date with the latest political machinations of the New York State legislature.

Next to go was Boston’s ABC affiliate, WCVB — airing the strongest coverage of local and state news of any ABC affiliate in the state. In its place, viewers now receive WTEN, the ABC station in Albany, which is covering Sen. Jim Tedisco’s support for splitting New York into two separate states — a ‘crucial’ issue for subscribers living in the Berkshires and beyond.

Other states facing “out of market” channel losses include Connecticut, California, Nevada, and Nebraska. Many of the affected stations were dropped as Charter upgraded its cable systems to all-digital television, perhaps counting on subscriber confusion amidst other changes to the cable system.

Barrett on Charter: “Greed”

The loss of local stations while rapidly increasing the surcharge for those stations has some people calling foul.

Massachusetts State Rep. John Barrett III (D-North Adams) called it “greed.” Charter mandates the Broadcast TV Fee be paid by all video customers, including those on “price locked” promotions. By breaking the fee out of the cost of the cable television package, Charter Spectrum gets to advertise packages to new and returning customers at a low cost, only to deliver bill shock when customers discover the surcharge, along with equipment and franchise fees, that collectively increases their total monthly bill.

As the second largest cable company in the country, Charter is estimated to be collecting an extra $211 million annually from its first increase in November 2018 and $391 million annually from the latest increase now taking effect. Together, that amounts to $602 million annually in new revenue starting in March. Charter will not disclose exactly how much of this money is paid to each local television station.

Charter also has a habit of boosting its set-top box equipment fees about $1 a month per box each year — an increase we are likely to see later this year, and the company already slightly increased prices for internet service late last year.

Charter executives told shareholders on its most recent quarterly results conference call that the company’s revenue increased 4.9% in 2018 to $43.6 billion. Combining that extra revenue with a $1.9 billion cut in upgrades for 2019 will allow the company to focus on additional share buybacks, increased payouts to Charter shareholders, and debt reduction.

After the inspector general of the Federal Communications Commission opened an investigation into FCC Chairman Ajit Pai’s close relationship with executives at Sinclair Broadcasting, Pai stopped returning Sinclair’s phone calls and refused any further meetings with America’s largest local TV station owner, at least until last Tuesday when Pai called Sinclair’s general counsel to say its multi-billion dollar merger with Tribune Media was in trouble.

The revelation Pai effectively froze out Sinclair while under investigation came in an ex parte communication disclosed by FCC Commissioner Jessica Rosenworcel’s office late last week.

“I realize that you appear to have been unwilling to discuss this matter for the past several months (and for that reason our counsel and Tribune’s have been reaching out everyone at the FCC but you),” Sinclair general counsel Barry Faber wrote in an email to Ajit Pai the morning after the phone call.

Based on the email, it is clear Mr. Pai personally called Mr. Faber on Tuesday evening to report the FCC planned to refer Sinclair’s buyout of multiple Tribune Media TV stations, including WGN in Chicago, to an independent administrative law judge who would pursue a hearing — a procedure that usually signals the death of a proposed merger or acquisition. The courtesy call was one last consideration to Sinclair by Mr. Pai, giving executives an early warning that would allow them to quietly withdraw the deal as a face-saving measure before the FCC publicly pulled the rug out the next day. The call came as an apparent shock to executives at Sinclair and Tribune, who had repeatedly expressed confidence the transaction would meet approval from the Republican majority at the FCC — one led by Pai, who personally proposed several rule changes that made the Sinclair transaction possible.

Faber told Pai in response the two companies could not agree to withdraw the deal “in the brief period of time provided to us.” Instead, Faber begged Pai to give the companies more time to reassure the FCC and then offered to withdraw the controversial sweetheart sales of TV stations in Chicago, Dallas, and Houston a short time later. The buyers all had long-standing, close ties to the family that founded Sinclair and were suspected of buying the stations to become Sinclair’s silent partners. Pai refused Faber’s request and went public the next morning with the proposal to refer the matter to an administrative hearing. As of today, the deal is still headed for a hearing, but few expect it will survive long enough to begin the process. But the repercussions are likely to last far longer than that.

Faber

While talking to Faber, it is clear Pai also raised the issue of Sinclair’s possible deception in its merger application and its lack of candor about its plan to divest stations in those three cities.

“I understand that if Sinclair has not been completely truthful and forthcoming with regard to these proposed sales, abandoning them would not eliminate such unacceptable behavior. I point out, however, that as we discussed yesterday no evidence exists that Sinclair has mislead the FCC or been anything other than completely candid with respect to our relationships with the proposed buyers and the terms of the transaction,” Faber wrote. “To designate our transaction for hearing based on the possibility that there may be more to the deals than meets the eyes based on the pricing and other terms that have been disclosed, would be extraordinary and unprecedented.”

Deal critics claim Sinclair’s bold effort to barely disguise the sweetheart deals with well-known business associates of Sinclair’s chairman David Smith was extraordinary and unprecedented as well. Several Wall Street and K Street analysts have expressed concern Sinclair was being exceptionally brazen with the FCC, proposing to spin-off stations to known Sinclair associates at fire sale prices, with contract clauses allowing Sinclair to program the stations ‘for the owner’ and also have the right to buy the stations back at their original fire sale price, assuming deregulation of station ownership caps continued moving forward. Sinclair is no stranger to political controversy, generating a full-scale advertiser boycott and Wall Street blowback over mandatory political programming aired on its stations during the 2004 U.S. presidential election. Recently Sinclair’s mandatory editorials and news stories have received even more scrutiny in the media, and have generated a lot of negative press for the Baltimore-based TV station owner.

Pai

Some on Wall Street are reportedly growing tired of Sinclair management’s political agendas getting in the way of potential profits, and this latest high-profile incident is likely to further strengthen that perception. Pai’s announcement that the merger deal smacked of a “lack of candor” and “misrepresentation,” raise questions about the Sinclair’s honesty and character, something that could threaten its ability to keep or renew its stations’ licenses. Long standing FCC rules state a license can be revoked if an owner lies to the Commission or engages in unethical or criminal behavior.

The FCC rarely forgets about egregious bad conduct. In the 1960s, RKO General, a division of General Tire and Rubber Company, falsely testified to the FCC that its television stations, including KHJ Los Angeles, WNAC Boston, and WOR New York did not engage in “reciprocal trade practices” — forcing General Tire’s vendors to buy advertising time on RKO stations if they wanted their contracts with the tire company renewed. In 1969, the FCC had enough evidence to prove RKO officials had lied to the Commission and were brazenly violating FCC rules. In 1975, RKO was once again hauled before the FCC and questioned about allegations General Tire was bribing foreign officials, had a secret slush fund to finance campaign contributions, and misappropriated revenue from overseas operations to cook its books.

Five years later in 1980, the FCC stunned the broadcasting industry by canceling the license of RKO’s Boston station — WNAC, declaring RKO “lacked the requisite character” to hold a FCC license because it openly deceived the FCC by withholding evidence, covered up improper dealings, and maintained a “persistent lack of candor” about its business practices and behavior. The FCC also moved to cancel licenses for KHJ in Los Angeles and WOR in New York. RKO held on for a few more years by appealing the FCC’s decision in various courts. It eventually sold most of its TV stations by the mid-1980s. But by then, FCC administrative law judge Ed Kuhlmann documented even more corruption by RKO, calling the company’s conduct the worst case of dishonesty in FCC history. RKO systematically misled advertisers about station ratings, fraudulently billed clients, destroyed audit reports demanded by the FCC, and filed several false financial statements with the FCC. Kuhlmann wanted RKO out of the broadcasting business for good, ordering RKO to surrender licenses for the two remaining TV stations it still owned in 1987, as well as 12 radio stations.

Sinclair’s critics are likely to invoke RKO General in challenging Sinclair license renewals in the future, noting a similar lack of candor and misrepresentation.

With the Sinclair-Tribune merger deal now swirling in the bowl, shareholders may be the ultimate judge, jury, and executioner, at least at Tribune Media. Sports Fan Coalition and Public Knowledge took the opportunity to remind Tribune’s board of directors it just blew a $3.9 billion deal by allowing Sinclair to manage the transaction with apparent dishonesty and chutzpah:

The FCC has unanimously determined that Sinclair may have “engaged in misrepresentation and/or lack of candor in its applications with the Commission,” in possible violation of the Communications Act and FCC rules. Thus, because Sinclair failed to satisfy its commitments under the merger agreement, Tribune can and should invoke its termination right under the merger agreement. Such termination would not trigger the liquidated damages provisions of the merger agreement.

[…] “Either take immediate action to terminate your agreements for the sale of your company to Sinclair Broadcast Group, or resign as directors of Tribune Media.”

A typical flat/mud flap style antenna.

Proliferating in online ads, newspapers, and sometimes on television, “revolutionary” new antennas are being advertised claiming to replace cable television while getting most (if not all) of the same channels over the air for free.

These misleading scams have been around for several years. We covered one well-funded ad campaign for “Clear Cast” back in 2011. That particular over-the-air antenna was sold through newspaper ads designed to mimic a newspaper story, with bold headlines like “New Invention … Gets Rid of Cable and Satellite TV Bills.” Those who spent upwards of $50 received a slightly dressed-up bow-tie antenna barely suitable to receive UHF TV stations and worked about as well as a similar antenna selling for $1.49.

With the first wave of misleading ads well behind us, marketers have had to work overtime to reinvent the wheel and convince people to spend $40-50 for what usually cost the company under $5 to manufacture.

Now, instead of the “Clear Cast” antenna, there is the “ClearView HDTV Antenna,” marketed by a company named True Signal. It’s hardly alone. The Octa Air, The Fox, and many others are nearly-identical “mud flap”-style antennas, with a tiny “antenna” embedded inside. The concept marginally works when the owner attaches it to a window, which gives it more signal to work with than an antenna placed in the corner of a room.

The ad copy on the manufacturer’s website is usually over the top but is nothing compared to some of the advertiser-sponsored editorials — “advertorials” published by bloggers, third party advertisers, and fly-by-night websites that exist primarily to cash in on sales commissions. More than a few of those stretch marketing claims into the stratosphere.

Goodsavingstips.com is designed to look like an online combination of a high-tech website and Consumer Reports. In fact, it is a website that reviews products, but has a financial incentive to write glowing reviews to encourage you to buy whatever they write about.

Goodsavingstips stretches the truth about the ClearView antenna more than a salt water taffy machine on the Atlantic City Boardwalk:

If you could stop paying for cable or satellite TV and still get all of your favorite TV channels in HD for FREE, would you do it? Millions of Americans are doing just that, thanks to a brand new rule in 2018 that allows certain regions access to free TV.

Thankfully, if you live in an area where this new rule went into effect, you no longer need to give your hard earned money away to the big cable companies. As a result, Americans are now cutting the cord on their cable companies in record numbers, saving them thousands of dollars.

Up until 2018, cable companies were allowed to “scramble” their channels so that the general public could not access them without paying for their service. However, that all changed starting in 2018, with the government ruling that TV signals are public property and “belong to the people”. Ever since this rule went into effect, the big cable companies are panicing [sic] because many Americans will no longer need to pay for cable or satellite tv to get their favorite channels in HD. As long as you live in a publicly broadcasted [sic] area, it is now possible to watch all of your favorite channels for free with a TV antenna.

Boastful claims about the TrueSignal antenna.

Several antenna companies market their antennas using similar language. There is, in fact, no 2018 “new rule” suddenly mandating your access to free TV. You have been able to watch free TV for decades. Notice the ad copy does not directly state you can receive cable and satellite channels over the air. It only states you can watch “all your favorite channels,” which in this case better be local TV stations and not networks like USA, TNT, CNN, etc. Consumers did not need a new rule to cut the cable TV cord. They just needed competition.

A map invites consumers to see if “free TV” is available in their state. Unsurprisingly, it is in all 50 states.

The rules regarding scrambling have only toughened against consumers over the last few years, not improved. Cable operators are now permitted to encrypt their entire TV lineup, even those channels customers used to watch using a built-in QAM tuner. The encryption allows cable companies to disconnect service from the office instead of dispatching a truck to physically disconnect the line going to your home or apartment.

However, not all TV antenna’s will work. In an attempt to block the public from picking up their TV signals, the cable companies are broadcasting their signals at very low frequencies since most antenna’s will not be able to pick them up. The trick is to get an antenna that can reliably pick up these low frequency signals, and up until now, there hasn’t been an antenna advanced enough to pick these signals up reliably. (There are other antenna’s out on the market, but they fail miserably in comparison to this one).

This is plainly false. Cable companies do not “broadcast” signals over the air. They send them through cables, hence the name “cable” television. Most cable systems also encrypt their digital lineups and no television antenna alone will decrypt them. If we were charitable, we could hazard a guess the reviewer is trying to suggest there are low-power television stations out there which need a better antenna to receive clearly, but these stations are independent of cable operators, don’t transmit on “very low frequencies,” and have been around for years.

Developed by a NASA engineer using military technology, the ClearView HDTV Antenna was just released this year so that it could specifically pick up these signals reliably and has been hailed as the only “super” HDTV antenna. It uses a discrete mud flap modern design which makes it the most reliable and technologically advanced antenna to hit the market today. It can pick up signals out to 60 miles with no problem (as well as the low frequency signals) to enable you to receive free crystal-clear HD channels.

Phillip Dampier: Debunking mode.

Misleading. In fact, the original design for the so-called “mud flap” antenna came from a Raleigh, N.C. based company Mohu. The company began as a small military contractor and the original intent of the antenna was not to receive free cable television. Mohu’s founder, David Buff, was working under a military contract to research new ways to counteract improvised explosive devices (IEDs) that were used against our armed forces in Iraq and parts of Afghanistan. He devised a low/no-profile antenna that closely resembled a mud flap attached to armored military vehicles that would jam the remote wireless signals used by insurgents to detonate roadside bombs. The military chose a different approach. So if the people selling these antennas were honest, they would have to say, “Developed by a military contractor but rejected by the military itself….”

Buff would later expand Mohu as a consumer antenna company, but suggests his proprietary design isn’t the result of the ‘space age’ antenna, but rather the signal amplifier attached to it. But that is hardly groundbreaking if an antenna cannot receive enough signal to amplify.

The “reviewer” promoting the ClearView antenna (who will earn a percentage from every sale that results from a click on his website) was amazed with the results:

What happened next was astonishing…

We turned the TV on and found ourselves staring back at an incredibly clear channel in HD. We kept flipping through channels and to our amazement, every channel was crystal clear. Best of all, we received almost all of the most popular channels you would get with cable.

All in all, we were able to access 68 channels in 1080 HD. It was as if we were getting free cable or satellite TV.

Now, before you cancel your cable or satellite subscription, it is important to note that there were a few channels that we could not get with the antenna. But in the end, we were able to receive about 85% of the same channels and more importantly, they were the most popular channels that people actually watch.

The verdict:If you want to save thousands of dollars and stop paying for cable or satellite tv, and don’t mind losing out on a few random channels you probably won’t even watch….

Up and coming technology: A wireless over the air antenna that receives signals from the best place in the house and then sends channels over an in-home Wi-Fi network.

We were not surprised it was deemed astonishing, considering the companies selling these antennas routinely buy sponsored space to promote their products on independent websites or compensate reviewers with a substantial commission if their reviews result in product sales. (Stop the Cap! does not accept sponsored posts or commissions to peddle products.)

The ClearView antenna did not do well for Amazon customers.

What the reviewer experienced was… over the air television, received through an antenna. Because most television stations now broadcast a digital signal, it is not surprising every channel would appear “crystal clear” because the alternative is typically no signal at all. The article continues to mislead readers, however, when it suggests buyers would “receive almost all of the most popular channels you would get with cable.” In fact, antenna users will only receive free, over the air local stations. Getting 68 over the air digital TV channels (and subchannels) is common only in the largest cities with multitudes of over the air stations. Many of those channels target ethnic minorities with foreign language programming, religious programming or home shopping. In most medium and smaller cities, expect 20-25 channels.

Right until the end, the reviewer was prepared to mislead his readers. The disclaimer itself fails to be completely forthcoming as well, telling prospective buyers there were only “a few” channels not receivable with the antenna. That could refer to over the air stations too weak to receive, but the surrounding context invites readers to believe those few channels are cable television networks. Telling people they will receive about 85% of the “same channels” (whatever that means) and “most channels that people actually watch” is true only if you exclude all cable television networks from that list.

The worst part of this is after spending $40 on the ClearView HDTV antenna, a whopping 52% of reviewers on Amazon.com gave it just one star. One reviewer compared it with a bent coat hanger serving as an improvised antenna and the coat hanger won. Most claimed it completely failed their expectations.

These antennas are made and marketed to a gullible public that has either forgotten about the basic principles of television antenna design or were too young to have ever used one. Many of the “high-tech” antennas we see sold these days are designed to work with UHF channels only, an important issue if one or more local stations still occupies VHF channels 2-13.

A more traditional RCA set-top antenna style common from the early 1970s – today. They work reasonably well and are inexpensive. The two vertical telescoping antennas are for VHF reception and the loop is tuned to receive UHF channels. You need an antenna capable of receiving both bands if you have stations on channels 2-13.

Indoor antennas are only suitable in you live relatively close to the transmitter. In most cases, residents of a city or inner ring suburb can usually get by with two telescoping rod antennas (“rabbit ears”) and a UHF antenna shaped into a small loop or bow tie design. Traditional set-top antennas often incorporate both. The telescoping antennas can be raised or lowered and rotate in various directions until you find the best reception. A UHF antenna usually can be turned to the right or left until best reception is achieved. These antennas are perfectly suitable and cost $20 or less. There are more modern antenna designs, some flat plastic or rubber sheets, others look like miniature replicas of an outdoor antenna mounted on the roof. In most cases, the design itself is what is “revolutionary.” None of these antennas perform miracles, but many are adequate. The key is finding the right direction to point them in or keeping them as close to a window as possible. You may need to find a different window, or change the height or positioning of the antenna to get the best reception.

If your reception remains poor, you need a roof or attic-mounted antenna, (remotely rotatable preferred over fixed-mounted). These antennas are mounted higher in a home, giving a less obstructed view to the transmitter tower, and capable of collecting weak signals that would be non-existent indoors. The biggest cost involved with these is often not the antenna but the installation. A high quality roof-mounted antenna will outperform any indoor antenna and will likely receive some stations from adjacent cities.

A relatively recent development is the “wireless antenna” which receives signals from an antenna placed in an area of the home which gets the best reception and transmits received TV channels over an in-home Wi-Fi network, making long antenna cable runs unnecessary. Unfortunately, reviews of many of these products are mixed and hint the technology has to undergo further development to make it less frustrating.

For now, cord-cutters with reception challenges may find the best solution is to subscribe to one of the streaming providers like DirecTV Now, YouTube TV, Hulu, etc. Be sure to verify which stations are available to you from each service before subscribing as they vary widely in each market.

If investing in a TV antenna, start small and inexpensive and consider trying out antennas available in local stores like Walmart, which can be more easily returned if they are unsuitable. If buying online, stick with a retailer like Amazon.com where independent reviews can help give you some insight into each antenna. Just be careful about overly glowing reviews. Fake/compensated reviews are a significant problem on online retailer websites, especially for unknown or unusual products or brands trying to break through in the market.

Blackburn

One of the telecom industry’s most notorious favorites – Rep. Marsha Blackburn (R-AT&T), is running for departing Sen. Bob Corker’s seat in the U.S. Senate, and she will enjoy extra support from Sinclair-owned television stations across the state of Tennessee, sometimes whether those stations want to support her candidacy or not.

Blackburn has a long history supporting the corporate agendas of AT&T and Comcast, pushing for deregulation, blocks on community-owned broadband networks, and opposition to net neutrality. She is the telecom industry’s most reliable member of Congress, willing to introduce new legislation custom-written by industry lobbyists. The Tennessee Tribune noted that Blackburn’s lackluster performance in Congress as little more than an “errand boy” was foreshadowed by Blackburn herself in each of her political races:

During political events when Blackburn first ran for Congress, she said she wanted the job so she could support George W. Bush’s agenda. Later it was to fight Barrack Obama. Now, as Blackburn spokesperson Andrea Bozek told the Associated Press, “We want to ensure President Trump has a reliable vote in the U.S. Senate.”

The AP’s Feb. 14 story confirms the congressman’s consistent posture displayed in person and other ways. She’s spoken of the “leadership” she’s followed. Blackburn’s also behaved like loyal party members by holding private, invited-guests-only sessions, usually for fundraising. In recent months, she excluded the press from a program on telecommunications.

Blackburn has boldly said she’s doing what the people tell her they want. Now, she wants to be a U.S. senator.

Polls in Tennessee show Blackburn trailing against moderate Democrat Phil Bredesen, a former Tennessee governor. That has her corporate allies worried, particularly in the telecommunications and broadcasting business.

Baltimore-area based Sinclair Broadcast Group, which owns or runs more than 200 television stations around the United States, has been under fire for quietly inserting conservative and pro-Trump stories into the local newscasts of the stations it programs, without disclosing those stories have a deliberate spin defending the Trump Administration or various conservative causes favored by Sinclair Broadcasting’s executives. In March, Deadspin produced a video showing uncomfortable local newscasters across the country forced to read a scripted Sinclair promotion attacking the media for “fake news” — a corporate campaign that quickly won praise from President Donald Trump and scorn by media watchdog groups and many viewers.

So funny to watch Fake News Networks, among the most dishonest groups of people I have ever dealt with, criticize Sinclair Broadcasting for being biased. Sinclair is far superior to CNN and even more Fake NBC, which is a total joke.

— Donald J. Trump (@realDonaldTrump) April 2, 2018

Sinclair is the only station owner in the country that requires its stations to insert pre-produced news stories and commentaries it calls “must-runs” that do not always tell viewers in full disclosure  those segments and news stories were produced by Sinclair’s corporate owners from studios in Maryland. This fall, Sinclair plans to ramp up coverage of the 2018 mid-term elections with recently hired reporters, one who formerly worked for the Russian government-owned RT propaganda outlet, to produce political stories that will be required to air by Sinclair’s local stations nationwide. In fact, Sinclair has hundreds of job listings on help-wanted websites.

Among Sinclair’s top priorities for the fall is getting Rep. Blackburn installed in the U.S. Senate. No elected official has received greater support from Sinclair’s PAC than Blackburn. According to Poyntor, Blackburn has already received $4,500 from Sinclair this year. She is the current chair of the House Communications and Technology subcommittee, which oversees the FCC, the same agency headed by Chairman Ajit Pai that has bent over backwards for Sinclair and its efforts to acquire additional stations, including some of the biggest outlets in the country currently owned by Tribune Broadcasting. Pai is now under investigation by the FCC’s inspector general for possible collusion with Sinclair.

The New York Times’ investigation into the close relationship between Sinclair and Pai has been strengthened with evidence Pai and his staff members have frequently met and corresponded with Sinclair executives several times, usually coinciding with agenda items at the telecommunications regulator that have an impact on Sinclair’s business. The meetings, including one with Sinclair’s executive chairman just days before Pai was appointed to head the FCC by President Trump, have raised eyebrows among some members of Congress, but not Rep. Blackburn.

Sinclair’s top lobbyist, a former FCC official, also communicated frequently with former agency colleagues and pushed for the relaxation of media ownership rules, the Times reported. Pai’s talking points about relaxing media ownership rules were suspiciously nearly identical to the language the lobbyist provided the agency promoting the rules change that will allow Sinclair to grow even larger.

Sinclair’s executives need Blackburn’s support to keep Congress in check as the company grows its station count well above long-standing federal station ownership caps that Pai has systematically sought to relax. Putting her in the U.S. Senate could be critical to protect Sinclair, especially if Republicans lose control of the U.S. House of Representatives in this year’s mid-term elections.

In January, Sinclair mailed letters to its station’s managers urging they quietly participate in Sinclair’s PAC, asking each to contribute up to $5,000. Sinclair will spend that money supporting candidates like Blackburn. A copy of the letter was obtained by FTVLive.

You are receiving this letter because you are eligible to participate in the Sinclair Political Action Committee (PAC), our fund that supports candidates for Congress who can influence the future of broadcasting. The Federal Election Commission strictly defines who may participate, and not everyone in the company meets these qualifications, so please do not forward this letter to anyone.

[…] Since the change in administration last year, we now have an FCC chairman who appreciates the important role of local broadcasting enough to launch a number of politically unpopular deregulatory initiatives necessary to ensure the future of our industry. In response, there have been Congressional efforts to counter those actions, such as a legislative proposal to eliminate the UHF discount, which will prevent any broadcaster from meaningful growth in the future. […] We need allies in Congress who understand the role of local television  and who are willing to defend it in today’s ever-changing landscape.

Corporate contributions to federal candidates are prohibited by law, but our PAC is a legally acceptable way for eligible Sinclair employees to make our collective voice heard in the electoral process.

In addition to direct financial support, Sinclair is expected to produce additional news stories and commentaries it will force-air on its stations that echo the themes and views of the candidates the company supports. Sinclair owns five stations in Nashville and Chattanooga and will own a sixth in Memphis if the FCC approves Sinclair’s acquisition of Tribune-owned television stations.

Sinclair’s Tennessee stations are already loaded with Sinclair’s editorials and slanted news coverage pieces that are required to air as part of the stations’ local newscasts. But some stations also air extra weekly news shows that swing to the right, including one hosted by conservative commentator Armstrong Williams, who bought television stations through his entity Howard Stirk Holdings, using Sinclair’s money and contracts with Sinclair to run “his” stations.

WTVC (NewsChannel 9) and WFLI (The CW) in Chattanooga

• Sinclair-owned WTVC (NewsChannel 9) in Chattanooga regularly airs at least some of Sinclair’s “must-run” content, including nationally produced news packages, and it aired the recent anchor-read scripted segments about media bias. News Channel 9 also airs Sinclair’s weekly news shows Full Measure with Sharyl Attkisson and The Armstrong Williams Show. WTVC 9.2 (a subchannel of WTVC) hosts Chattanooga’s Fox affiliate, Fox Chattanooga.
• MPS Media-owned WFLI (The CW Chattanooga) “receives certain services from an affiliation of Sinclair” and occasionally re-airs some of Fox Chattanooga’s local news programming, such as its 10 p.m. Saturday newscasts. The two stations share a main studio address.

WZTV (Fox 17), WUXP (My30), and WNAB (CW58) in Nashville

• Sinclair-owned WZTV (Fox 17) also regularly airs at least some of Sinclair’s “must-run” content, including nationally produced news packages, fearmongering “Terrorism Alert Desk” updates, and the weekly show Full Measure.
• Sinclair-owned WUXP (My30) shares a main studio address with Fox 17 and re-airs at least some of Fox 17’s local news programming.
• Nashville Broadcasting-owned WNAB (The CW58) “receives certain services from an affiliation of Sinclair Broadcast Group” and also shares a main studio address with Fox 17 and My30. It does not appear to regularly air news programming.

Coming soon: WREG (News Channel 3) in Memphis

• WREG (News Channel 3) in Memphis is currently owned by Tribune Media but will soon be owned by Sinclair if the company’s pending acquisition of up to 42 Tribune stations is approved.

(programming details courtesy of Media Matters)

Charter Communications is taking the city of El Centro, Calif., to federal court for interfering in a dispute between Spectrum and a local TV station owner that has resulted in two stations being blacked out on the local cable system for nearly three months.

Northwest Broadcasting, Inc., has been in a contract extension dispute with Charter Communications over multiple stations, including its two El Centro-area affiliates KYMA (NBC) and KWST (CBS). Charter accuses Northwest of gouging, claiming “Northwest demanded an 80 percent increase in carriage fees, more than double the rate Charter pays any other broadcaster anywhere else in the entire country.”

On March 7, 2018, the City of El Centro got involved and cited the cable operator, alleging Charter violated five provisions of Article X of the City Code, and began fining the cable company $100 a day for each violation, assessed each day the dispute continues.

El Centro accuses Charter of:

• Discriminating against subscribers based on specific protected classes;
• Failure to notify the city and subscribers 30 days in advance of any changes to cable service or rates;
• Failure to establish a time frame to respond to service interruptions;
• Failure to refund customers for service interruptions exceeding a stated period;
• Failure to notify the city and subscribers 30 days in advance of any changes to the cable television channel lineup.

El Centro Mayor Sheryl Viegas Walker: “I’m taking it to the streets. I’m so fed up with [Spectrum’s] disregard for this community,” KYMA in El Centro reports. (3:02)

Northwest Broadcasting CEO Brian W. Brady strongly disputes Charter’s claims, dismissing them as “lies,” particularly surrounding the removal of two El Centro stations from Charter’s lineup after the cable company claimed Northwest refused permission to continue carrying the stations while renewal talks continued.

“Charter accepted the first two extensions which were offered to them, however, they refused the third extension and took our stations off with 10 minutes notice,” Brady said.

Charter’s lawsuit argues El Centro officials have no right to intervene in the dispute, force Spectrum to put the stations back on the lineup, or require Charter to issue refunds to customers for channels that are no longer available to them.

“Northwest’s pulling its authorization for Charter to carry its broadcast signals is not a ‘service interruption’ within the meaning of the City Code provisions in question,” Charter argued in its lawsuit. “Even if it were, while El Centro demands that Charter ‘cure’ its alleged violations, the only means for Charter to do so is to finalize a retransmission agreement with Northwest. The City’s citations are thus intended to pressure Charter to accept Northwest’s unreasonable terms by imposing fines and intentionally damaging Charter’s reputation and harming its goodwill and relationships with its existing and prospective customers.”

Charter argued giving refunds to customers over the lost channels was “contrary to Charter’s terms of service, and in so doing improperly interfere [sic] with Charter’s contractual relationship with its customers.”

Charter is relying heavily on California’s statewide video franchise law — the 2006 Digital Infrastructure and Video Competition Act (DIVCA), heavily pushed by telecom lobbyists a decade ago, which stripped most local authority over cable systems and transferred it to the state government. Charter is using DIVCA’s light touch regulations to support its assertion El Centro officials cannot interfere in programming disputes and that their actions during the dispute have only made things worse.

“The effect of the City’s actions has been to harden Northwest’s negotiating position and make a deal on reasonable terms even more difficult,” the complaint says.

“I have never seen a corporate entity act with such disregard for our community,” said El Centro Mayor Sheryl Viegas Walker. “We have a contract with them that spells out certain steps that they’re required to take if those kinds of changes are going to be made. They didn’t do that. We wake up one morning and we’re suddenly without two major channels.”

“Rather than negotiating in good faith like all other parties would do and what the law requires, Charter has taken a ‘take it or leave it’ approach,” added Brady. “In an effort this week to get this back on track, Northwest submitted a new proposal to Spectrum. Spectrum’s representative communicated that they really wanted to get this resolved, but would not counter Northwest’s proposal and would not respond at all in writing. Odd behavior for a company that claims to be negotiating in good faith. It appears that Charter would rather bully a small municipality than to engage in a good faith negotiation.”

It appears other small cities are joining Brady’s cause, complaining to the Federal Communications Commission that Charter was unfairly profiting from station blackouts. In Crescent City, Calif., city officials accused Charter of charging a Broadcast TV surcharge of $7.50-8.85/month, but didn’t change or adjust rates after the Northwest Broadcasting blackout began.

“Despite the fact the fee is itemized and justified as a pass-through, Charter did not eliminate or reduce that fee, even though it was no longer incurring costs associated with carriage of … at least two network affiliates,” Crescent City officials told the FCC.

The two California cities have also been joined by officials in Yuma, Ariz. and Jackson, Wyo., where Charter has removed Northwest Broadcasting stations as well.

“We have learned that it is no different for numerous municipalities which have been forced to sue Charter to collect the fees that are contractually owed to them,” Brady said. “Most disputes are settled because Charter uses their army of lawyers to outspend the municipalities forcing the municipality to settle on Charter’s terms, regardless of their contractual obligations. It’s no different for their customers who have told us that Charter recently raised the broadcast surcharge fee in spite of the fact that the programs they want to watch are unavailable because Charter removed the programming. Many have asked for refunds only to be told no. What is the customer to do, sue Charter?”

Northwest Broadcasting Owned and/or Operated Television Stations

KPVI-TV in Pocatello, Ida. was widely seen in parts of Wyoming over Charter Communications until the station was blacked out in a contract dispute. Now viewers want to see Charter fined. (1:11)

Charter officials claim there was insufficient time to notify subscribers about the loss of Northwest Broadcasting stations from the TV lineup, but Jackson, Wyo., officials noted Charter bought a new domain name reflecting the contract dispute at least two weeks before stations like KPVI were blacked out. (1:02)

Jackson city officials question a Charter representative about refunds for customers paying surcharges for broadcast TV stations no longer on Charter’s lineup. (0:57)

How to File a Petition on this Issue with the Federal Communications Commission:

This petition allows for public comment until April 16, but the FCC requires some special steps for individuals wishing to file comment. Below is a list of the requirements to file a public comment with the FCC regarding Charter Communications:

• Members of the public who wish to comment should do so on or before April 16, 2018.
• Filing should be submitted to the FCC via the electronic comment filing system (ECFS).
  • That system is accessible at https://www.fcc.gov/ecfs/filings.
  • A member of the public should type his or her comments and save them.
  • At the top of the ECFS page, select standard filing and in the “proceedings” box, type 18-91 (the proceeding is MB Docket No. 18-91).
  • Fill out the remainder of the boxes with information that is required (some information is optional).
  • At the end of the form, there is a box where saved comments can be uploaded.
• Comments that contain statements of fact (for example, “Here is what happened to me”) should be supported by an affidavit.
• “Comments or oppositions shall be served on the petitioner and on all persons listed in petitioner’s certificate of service…” The petitioners here are the Cities, and the certificate of service is at the end of the communities’ filing, which can be downloaded from https://www.fcc.gov/ecfs/filing/1032236683943.