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NFL Boss To Clip Comcast, Time Warner

Goodell To Tell House Subcommitte That Cable Discriminates Against NFL Network

By Ted Hearn -- Multichannel News, March 4, 2008

Washington – NFL Commissioner Roger Goodell, in House testimony set for delivery Wednesday morning, plans to accuse Comcast and Time Warner of discriminating against the NFL Network while faulting the Federal Communications Commission for ineffectively patrolling program carriage laws designed to protect independent channels.

“Dominant cable operators have the motive and the means to discriminate against independent programmers. History demonstrates that they have done so and continue to do so,” Goodell says in testimony obtained Tuesday by Multichannel News.

Goodell is to appear before the House Subcommittee on Telecommunications and the Internet along with Time Warner Cable CEO Glenn Britt, ESPN president George Bodenheimer, and DirecTV executive vice president Derek Chang.

In his testimony, Britt says that the NFL can’t have it both ways: demanding broad access to cable homes for the league-owned NFL Network while denying cable access to NFL Sunday Ticket, the out-of-market game package available only on DirecTV.

“The NFL in particular is being especially disingenuous in appealing to the government to compel distributors to carry one of [its] services – the NFL Network – on broadly distributed tiers while simultaneTime Warner Cable's Glenn Brittously defending its right to limit distribution of its more appealing service – the NFL Sunday Ticket Package – to a single distributor, DirecTV,” Britt says.

Bodenheimer, in his comments, calls for governmental restraint in the cable programming market. ESPN in recent years has been concerned about government-imposed a la carte mandates, which would allow consumers to pay for only those channels they wish to view.

“Given the fierce competition in both programming and distribution, I strongly urge you to refrain from intervening in these markets,” Bodenheimer says.

Goodell devotes much of his testimony to the NFL Network’s clash with Time Warner, which does not carry the network, and Comcast, which puts it on a sports tier.

The operators' refusal to put the NFL Network before all their cable subscribers was discriminatory, Goodell says, because the cable companies don’t threat their affiliated sports channels the same way.

“The cable giants’ bottleneck leverage gives them the power to discriminate unfairly against independent programmers, even those with programming as popular as that of the NFL,” Goodell says.

Goodell’s testimony fails to mention that the NFL Network had exclusive rights to just eiRandy Moss catches recrod 23rd TD in NFL Network 2007 season finaleght regular-season primetime games near the end of the season and sought a premium license fee from cable providers.

Goodell says the FCC has the tools to protect independent programmers that can’t get cable carriage but has done a poor job of using them.

 “The process adopted by the FCC 15 years ago — as it has been implemented — is ineffective. It is slow, expensive, and inherently protective of cable operators — in a phrase, it is compellingly in need of change,” Goodell says.

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Submitted by: James Moore
2008-5-3 10:59:00
Location:
Occupation:

NFL has become a coven of thugs.


Submitted by: J. Franklin
2008-5-3 08:25:00
Location: NYC
Occupation: cable

N F L Network has no case because there are in fact independent programmers who have carriage on the lower tiers with the big cable companies. N F L just doesn't have the broad programming or pricing to deserve the same carriage. Time Warner offered to carry their programming at no profit to TWC and NFL refused because they know that their product, even if it were free, would not attract many eyeballs. They had to avoid the embassment.


Submitted by: Jay Cable
2008-5-3 08:04:00
Location: Los Angeles
Occupation: Attorney-Consultant

Agree with last comment. Cable had equal opportunity to bid for an exclusive package to carry the NFL's Sunday Ticket, but chose not to bid, or not bid as much as DirecTV. Cable continually tries to label their failure to win this bid as discrminatory. As for the core issue here, I can't blame the MSOs for their position. They should not have to have a network shove its channel down its throat. However, I think the BIGGER QUESTION to address is whether the MSOs are more focused on protecting their OWN regional sports networks (RSNs) or upon the interests or preferences of their subscriber base. I have to think the lion's share of Time Warner's and Comcast's customer would like to see the NFL Network on their basic digital lineup, & not relegated to an add-on sports tier. So the question becomes WHY are the MSOs so adverse to placing the NFL Network on their basis tier? That question feeds right into Goodell's argument. They feel smitted by not gaining access to Sunday Ticket, as well as wish to protect their own RSNs.


Submitted by: John Drake
2008-5-3 07:34:00
Location: PA
Occupation: Manager

Chris the engineer says cable has had the opportunity to bid on the NFL Sunday Ticket but has passed, that is not true they bid up to a point but were out bid by the dish company. But that isn't the issue here; the NFL claims that TW and Comcast are taking away potential viewers by not carrying or putting them on a sports tier. If the NFL was really concerned about getting their programming in front of as many viewers as possible then they would offer ST to everyone that wanted it for a negotiated per sub price. Dish has what 16+ million, what percent of those actually pony up the price, they must pay for the privilege to watch, just like the Comcast folks need to pay for the sports tier, poor NFL boo-hoo. You have believe that if both dish companies and most of the cable companies carried NFL-ST that number would easily jump four-fold. So it’s about the big up front bucks, which the NFL is entitled to ask for get and keep, but then they just need to shut up and stop whining like a little girl who wasn’t invited to the party ‘cause she doesn’t play well with others!.


Submitted by: Chris
2008-5-3 06:51:00
Location: NJ
Occupation: Engineer

The argument over NFL Sunday Ticket is getting old. Cable has had opportunity to negotiate and declines so the NFL is within it's rights to offer exclusivity to an operator who does want to talk. Remember what happened with MLB?


Submitted by: payton jones
2008-5-3 04:49:00
Location: hartford ct
Occupation: headend tech

nfl networks continued efforts of shoving down their crap programmming down cable operators throats. i hate time warner and comcast but side with them on this. why should they be forced to carry this and forced to pass costs to subs. $2/per sub is crazy! its not like this is a must have regional sports network with local teams that has to be carried. don't get me started with nfl hd that has no HD programming unless u consider nfl network logo on the sidebars around 4:3 SD programming as HD


Submitted by: Adam
2008-4-3 17:07:00
Location: Wisconsin
Occupation: Engineer

“The NFL in particular is being especially disingenuous in appealing to the government to compel distributors to carry one of [its] services – the NFL Network – on broadly distributed tiers while simultaneously defending its right to limit distribution of its more appealing service – the NFL Sunday Ticket Package – to a single distributor, DirecTV,” Britt says. AMEN, I love the NFL (its the only sport I watch), but I am on cables side here. I have Dish Network, not cable. But Britt is absolutely right, we shouldnt have to subscribe to DirecTV just because football fans want to watch any game they choose. If you want to force cable to carry your channel then why should they not have access to the rest of the NFL's programming.



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