Quote:
Originally Posted by
cranston 
1) For as long as I've lived in South Dayton, we've had Dayton and Cincinnati CBS, ABC, and Fox carried on TW. For awhile until maybe the mid 90s, I *think* we also had WLWT (Cincinnati NBC) station. Then WLWT was removed, but the remainder of the Cincinnati channels were kept.
a) Am I misremembering history? If so, why was WLWT dumped? If not, why didn't they carry WLWT, but carried the rest?
b) Why can't TW swing a deal to put WLWT (or even WLIO) back on? Is that a network argument?
See :
http://www.avsforum.com/avs-vb/showt...9#post14789319
Like I said in that post, the issues involved in situations like these are sometimes complicated, and specific to each station involved ...
Regarding *some* of the possible issues involved, read through/study FCC rules(CFR sec. 76.*) regarding MVPD(including cable) Carriage of Broadcast signals(Subpart D), Significantly viewed Signals(also in Subpart D), and Network Non-duplication Protection, Syndicated Exclusivity and Sports Blackout (Subpart F), current versions available at following link :
http://www.hallikainen.com/FccRules/2008/76
There is *way* too much that would need to be quoted from those rules which may be specific to how, say, WLWT could *potentially* be carried by TW in some areas South Dayton ... For instance, for Warren County(say, springboro), WLWT is on Warren County "significanty" viewed list, currently ... For Montgomery County, it is not, but 76.54 details how it *could* potentially be added, if enough people in Montgomery Co. watch it OTA with an antenna and a proper survey were done .... Also, Sec. 76.59 details how communities can be included within multiple DMA's (i.e. "overlapping market areas") .... There were also changes in rules/etc. involved since(and during) the 90's, and for instance, in 2000 from using ADI to define a stations market area to DMA ....
Update: Also, I would stress, it would still primarly be an issue between Network(or other programming provider)/affiliate, and the stations involved ... WLWT could be on the "significantly viewed" list for instance, but WLWT would have to WANT/seek carriage in the specific community involved ....
:end update
Here is 76.93 in its entirety :
Quote:
Originally Posted by
CFR 47, Sec. 76.93 
Sec. 76.93 Parties entitled to network non-duplication protection.
Television broadcast station licensees shall be entitled to exercise
non-duplication rights pursuant to Sec. 76.92 in accordance with the contractual provisions of the network-affiliate agreement.
Sec 76.92 in its entirety follows (note: It's better to look at it via the "link" as the formatting will likely be "off") :
Quote:
Originally Posted by
CFR 47, Sec 76.92 
Sec. 76.92 Cable network non-duplication; extent of protection.
(a) Upon receiving notification pursuant to Sec. 76.94, a cable community unit located in whole or in part within the geographic zone for a network
program, the network non-duplication rights to which are held by a
commercial television station licensed by the Commission, shall not carry
that program as broadcast by any other television signal, except as
otherwise provided below.
(b) For purposes of this section, the order of nonduplication priority of
television signals carried by a community unit is as follows:
(1) First, all television broadcast stations within whose specified zone the
community of the community unit is located, in whole or in part;
(2) Second, all smaller market television broadcast stations within whose
secondary zone the community of the community unit is located, in whole or
in part.
(c) For purposes of this section, all noncommercial educational television
broadcast stations licensed to a community located in whole or in part
within a major television market as specified in Sec. 76.51 shall be treated in
the same manner as a major market commercial television broadcast station,
and all noncommercial educational television broadcast stations not licensed
to a community located in whole or in part within a major television market
shall be treated in the same manner as a smaller market television broadcast
station.
(d) Any community unit operating in a community to which a 100-watt or
higher power translator is located within the predicted Grade B signal
contour of the television broadcast station that the translator station
retransmits, and which translator is carried by the community unit shall,
upon request of such translator station licensee or permittee, delete the
duplicating network programming of any television broadcast station whose
reference point (See Sec. 76.53) is more than 88.5 km (55 miles) from the
community of the community unit.
(e) Any community unit which operates in a community located in whole or in
part within the secondary zone of a smaller market television broadcast
station is not required to delete the duplicating network programming of any
major market television broadcast station whose reference point (See Sec. 76.53)
is also within 88.5 km (55 miles) of the community of the community unit.
(f) A community unit is not required to delete the duplicating network
programming of any television broadcast station which is significantly
viewed in the cable television community pursuant to Sec. 76.54.
(g) A community unit is not required to delete the duplicating network
programming of any qualified NCE television broadcast station that is
carried in fulfillment of the cable television system's mandatory signal
carriage obligations, pursuant to Sec. 76.56.
Note: With respect to network programming, the geographic zone within which
the television station is entitled to enforce network non-duplication
protection and priority of shall be that geographic area agreed upon between
the network and the television station. In no event shall such rights exceed
the area within which the television station may acquire broadcast
territorial exclusivity rights as defined in Sec. 73.658(m) of this Chapter,
except that small market television stations shall be entitled to a
secondary protection zone of 32.2 additional kilometers (20 additional
miles). To the extent rights are obtained for any hyphenated market named in
Sec. 76.51, such rights shall not exceed those permitted under Sec. 73.658(m) of
this Chapter for each named community in that market.
AS for 76.92 (f), and the "Significantly viewed list", Currently :
For Montgomery County, The following stations are currently on FCC's Significantly viewed list :
Montgomery
WDTN, 2, Dayton, OH (formerly WLWD)
WHIO-TV, 7, Dayton, OH
WPTD, 16, Dayton, OH (formerly WKTR)
WKEF, 22, Dayton, OH
+WRGT-TV, 45, Dayton, OH
WCPO-TV, 9, Cincinnati, OH
WKRC-TV, 12, Cincinnati, OH
+WSTR-TV, 64, Cincinnati, OH
Butler County :
Butler
WLWT, 5, Cincinnati, OH
WCPO-TV, 9, Cincinnati, OH
WKRC-TV, 12, Cincinnati, OH
WXIX-TV, 19, Cincinnati, OH
+WSTR-TV, 64, Cincinnati, OH
WDTN, 2, Dayton, OH (formerly WLWD)
WHIO-TV, 7, Dayton, OH
+WKEF, 22, Dayton, OH
+WRGT-TV, 45, Dayton, OH
Warren County :
WLWT, 5, Cincinnati, OH
WCPO-TV, 9, Cincinnati, OH
WKRC-TV, 12, Cincinnati, OH
WXIX-TV, 19, Cincinnati, OH
+WSTR-TV, 64, Cincinnati, OH
WDTN, 2, Dayton, OH (formerly WLWD)
WHIO-TV, 7, Dayton, OH
WKEF, 22, Dayton, OH
+WRGT-TV, 45, Dayton, OH
Quote:
2) This smacks of an "I really don't want to start that sort of precedent" case.
As has already been mentioned, It's well known that many broadcasters have been sucessfully negotiating for retransmission consent fees recently, Including, fairly recently involving Sinclair deal with TWC ... Note Sinclair Owns WKEF/Operates WRGT ....
Quote:
Does anyone have a ballpark estimate of how much WHIO, WRGT, and WKEF pays, if any, to TW?
This question and many others you asked in your post and the answers you're looking for involve private agreements between the parties involved (Net/affiliate agreement, agreement for cable carriage between cableco+broadcaster/etc), and involve details which are usually kept private .......