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Comcast Can Move NFL Network to Sports Tier, NY Supreme Court Rules

6447 Views 82 Replies 40 Participants Last post by RedHillKL, Jun 21, 2007

Marcus Carr

Discussion Starter · May 11, 2007

Comcast Sacks NFL Network

New York Supreme Court Rules Operator Can Place NFL Network on Sports Tier

By Steve Donohue -- Multichannel News, 5/11/2007 12:51:00 AM

Comcast is free to kick NFL Network to a sports tier, the New York Supreme Court ruled Thursday.

It's a major victory for Comcast, which was sued by the National Football League in December, after the nation's largest cable operator said it planned to move the football channel to a sports tier.

We are pleased with the court's decision in favor of Comcast. We bargained explicitly for the right to place the NFL Network on a sports tier because it is the best and fairest solution for all our customers. This decision means that our customers who are NFL fans will be able to watch the NFL Network without burdening those who are not NFL fans with extra costs, Comcast executive vice president David Cohen said in a prepared statement.

While NFL Network said it plans to appeal the ruling, the network stands to loose significant distribution if the ruling stands.

The NFL began running NFL games last fall on NFL Network, distributing eight games on Thursday and Saturday nights on the network. Comcast subscribers may be forced to pay extra cash this fall if the cable operator follows through on plans to move the network to a sports tier.

http://www.multichannel.com/article/CA6441200.html

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1 - 20 of 83 Posts

sangs

· #2 · May 11, 2007

Quote:
Originally Posted by Marcus Carr /forum/post/0

Comcast Sacks NFL NetworkWe are pleased with the court's decision in favor of Comcast. We bargained explicitly for the right to place the NFL Network on a sports tier because it is the best and fairest solution for all our customers. This decision means that our customers who are NFL fans will be able to watch the NFL Network without burdening those who are not NFL fans with extra costs, Comcast executive vice president David Cohen said in a prepared statement.

I don't have a problem with Comcast doing this, but what a line of BS that is. Just for fun, I'm going to avoid ordering whatever sports tier Comcast places the NFL Network on for a while, just so I can see how much my bill will have declined now that's it been shipped off the regular digital cable lineup.

Want to bet I won't notice any significant decrease at all?

steverobertson

· #3 · May 11, 2007

I guess the thing that I don't like is, I pay for channels that I never watch so why should this be any different. I know the cost is different, however if you add up all the channels I pay for that I don't watch I bet it would be a lot more than what the NFL Network charges. I have D* so this don't effect me but I disagree with this ruling.

afiggatt

· #4 · May 11, 2007

Quote:
Originally Posted by steverobertson /forum/post/0

I guess the thing that I don't like is, I pay for channels that I never watch so why should this be any different. I know the cost is different, however if you add up all the channels I pay for that I don't watch I bet it would be a lot more than what the NFL Network charges. I have D* so this don't effect me but I disagree with this ruling.

I don't follow that logic very well. According to a quick search, the NFL network is reportedly asking 70 cents per month per subscriber and was demanding to be placed on the basic tier for cable systems. The basic tier is still analog on most cable systems and they don't want to be adding new analog channel (along with a simulcast digital channel) if they can help it. A new channel costing 0.70/month has a cost impact on a basic tier running anywhere from $30 to $50 a month depending on how the cable company sets up it's tiers.

I have no problem with placing the specialized single sport channels such as NFL, MLB, golf and the pricier & more narrowly focused sports channels on a separate sports tier so only those who are interested have to pay for them. I have NFL Network HD on my HD channel set (Fios) and could live without it. The sport channels such as ESPN and the regional sports nets that cover a wider range of sports can stay on the basic tiers. But ESPN has gotten rather expensive, so I can see cable companies trying to move them to a specialized sports tier in a more price competitive market at some point.

The NFL was really trying to throw their weight around on this, so I think allowing Comcast to move the channel to a digital sports tier is a good thing. What I don't get is how the heck this ended up in the NY Supreme Court?!

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Red Dog

· #5 · May 11, 2007

The question I have is what does this mean for those Comcast customers such as myself that don't have a dedicated NFL-HD channel. For us, they showed the games in HD on INHD. If they move NFL-N to the sports tier, I assume that means they will also move their NFL-HD channel to the sports tier and not use the INHD channel for those who don't have a dedicated NFL-HD channel, which means no HD period. That would suck and make me far less likely to subscribe to the sports tier.

steverobertson

· #6 · May 11, 2007

I agree sports channels are out of control but so aren't other channels that I have to pay for so others can enjoy, that I don't care about. All I am saying is that with the way things are setup now everyone pays for channels they don't watch and the NFL network is no different than other channels that people pay for but don't watch. I agree the NFL is a big bully in this and ESPN is way out of control but I don't think the price the NFL network is charging is even close to ESPN pricing in yet ESPN is not on a sports tier.

[Square]

· #7 · May 11, 2007

I think a part of the point he was trying to make is that there are plenty of channels that are specialized that get thrown into regular cable and it would be nice to exchange some (say 10) of them to get the NFL channel. I don't know how much Lifetime, Oxygen, Nickelodeon, AMC, etc. that you watch....but it'd be nice to get rid of some of the unused channels and be able to include things like the NFL Channel that actually have higher ratings (I realize this might be impractical, but it'd be nice). It seems a bit like Comcast would rather get a percentage of the millions of NFL fans to pay for the "sports tier" (when they normally wouldn't) instead of trying to make this work any other way. I could be wrongjust MHO

steverobertson

· #8 · May 11, 2007

Quote:
Originally Posted by [Square] /forum/post/0

I think a part of the point he was trying to make is that there are plenty of channels that are specialized that get thrown into regular cable and it would be nice to exchange some (say 10) of them to get the NFL channel. I don't know how much Lifetime, Oxygen, Nickelodeon, AMC, etc. that you watch....but it'd be nice to get rid of some of the unused channels and be able to include things like the NFL Channel that actually have higher ratings (I realize this might be impractical, but it'd be nice). It seems a bit like Comcast would rather get a percentage of the millions of NFL fans to pay for the "sports tier" (when they normally wouldn't) instead of trying to make this work any other way. I could be wrongjust MHO

Yes thank you for clarifying my point.

Marcus Carr

Discussion Starter · #9 · May 11, 2007

Quote:
Originally Posted by Red Dog /forum/post/0

The question I have is what does this mean for those Comcast customers such as myself that don't have a dedicated NFL-HD channel. For us, they showed the games in HD on INHD. If they move NFL-N to the sports tier, I assume that means they will also move their NFL-HD channel to the sports tier and not use the INHD channel for those who don't have a dedicated NFL-HD channel, which means no HD period. That would suck and make me far less likely to subscribe to the sports tier.

I had a special events channel for NFL Network HD programming. Since it appears NFL Network will no longer be included in the general digital tier I would imagine this channel will be blacked out.

(Of course if they added HDNet to the Sports and Entertainment tier I might sign up. But that seems less and less likely.)

acs12798

· #10 · May 11, 2007

Quote:
Originally Posted by [Square] /forum/post/0

I think a part of the point he was trying to make is that there are plenty of channels that are specialized that get thrown into regular cable and it would be nice to exchange some (say 10) of them to get the NFL channel. I don't know how much Lifetime, Oxygen, Nickelodeon, AMC, etc. that you watch....but it'd be nice to get rid of some of the unused channels and be able to include things like the NFL Channel that actually have higher ratings (I realize this might be impractical, but it'd be nice). It seems a bit like Comcast would rather get a percentage of the millions of NFL fans to pay for the "sports tier" (when they normally wouldn't) instead of trying to make this work any other way. I could be wrongjust MHO

The thing is, except for those 8 football games I doubt the NFL network does get higher ratings. Just because you don't watch a channel does not mean no one does. Every child watches Nickelodeon. Lifetime and Oxygen actually do fairly well with women. (I have no clue who watches AMC). The idea of the basic tier, at least im my opinion, is you get a generally brush of the programming out there. So you put Nickelodeon on for kids, and maybe Disney for pre-teens but then the rest of your child programming is on a tier. You get ESPN and maybe some regional sports networks on the basic tier, but the rest, especially the specialty sports channels go on the premium tier.

They are never going to have it so everyone likes it, so I actually think they do pretty good job balancing it out.

dishbacker

· #11 · May 11, 2007

With this ruling, do you think a number of channels (like YES, INHD, CSNs, etc) will finally get added to E* since they might now be able to throw them in a sports / HD tier without being required to include them in a basic tier?

While this might work out in this case for Comcast the cable company, I could see their programming side cringing at the backlash they might get (remember the whole Versus ordeal with E*)?

Maybe a move towards ala-carte could happen with such tiers as Kids (disney, nick, cartoon net), Women (lifetime, we, oxygen), etc?

herdfan

· #12 · May 11, 2007

Quote:
Originally Posted by dishbacker /forum/post/0

With this ruling, do you think a number of channels (like YES, INHD, CSNs, etc) will finally get added to E* since they might now be able to throw them in a sports / HD tier without being required to include them in a basic tier?

This ruling only affects Comcast subs in NY state. Other cablcos in NY may try to piggyback onto it, but at this time does not affect them.

Marcus Carr

Discussion Starter · #13 · May 11, 2007

Comcast Gets To Put NFL Net On Sports Tier

By John Eggerton -- Broadcasting & Cable, 5/11/2007 7:43:00 AM

Comcast will get to put the NFL Network on a sports tier.

That was the ruling of the New York State Supreme court in a summary judgment in favor of Comcast's argument that it had the contractual right to do so.

"We are pleased with the court's decision in favor of Comcast," said Comcast Executive VP David L. Cohen. "We bargained explicitly for the right to place the NFL Network on a sports tier because it is the best and fairest solution for all our customers. This decision means that our customers who are NFL fans will be able to watch the NFL Network without burdening those who are not NFL fans with extra costs."

"The final word on this issue is most likely going to come from the appellate courts," said the NFL in a tersely worded statement. "If this decision is upheld, the biggest harm will be to consumers. They will have to pay more for less.

The court was unpersuaded by the NFL's argument that Comcast was required to place the network on its most widely viewed tier per a 2004 agreement by Comcast to carry the network.

Comcast and the NFL had signed an agreement that, if Comcast secured a package of nationally televised NFL games then being shopped by the NFL, it would agree to place the fledgling NFL Network in the basic tier. If not, it could place the network on a less-viewed sports tier.

But the NFL ultimately chose to keep the games for itself rather than license them to Comcast, deciding to put them on the NFL Network network instead, which had featured highlights and preseason games and other programming but no regular season games.

Comcast said it was going to put the network on a sports tier on the new systems it had acquired in the breakup of Adelphia and the NFL Network sued.

When Comcast agreed to carry that network, the NFL says Comcast was, in fact, getting the national games it wanted and was required to put the network on the basic tier.

Comcast countered that it had not gotten the package of games--which it wanted to put on its Versus network--and so could put the NFL Network wherever it wanted to.

The court agreed that Comcast's reading of the contract was correct and saying it was ", saying that it was "free to distribute the network on a sports tier."

http://broadcastingcable.com/article/CA6441312.html

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jgNJ

· #14 · May 11, 2007

I really don't want to pay for what I don't watch. There is no reason why TV providers should not be forced to allow discounts for removing channels. If NFL network charges $.70 and I don't want it, then my provider should be forced to remove it (especially for digital customers because it is technically easy to implement)

I.E. Bill is reduced by the amount the network charges the cable company for each channel I opt out of.

I get somewhere near 200 channels and only watch 10%. It's likely I could save $50 a month by having those channels removed.

Patfantx

· #15 · May 11, 2007

I have zero sympathy for the NFL. They made the deal with Comcast about getting full basic digital distribution IF they gave Comcast/Versus the Thursday night package. They didn't and they tried to sell the judge that they "gave" Comcast the games thru the NFL Network. Interestingly, only the Broadcasting & Cable article talks about the provision or right that Comcast had to shift it if they didn't get the Thursday night package. The NFL may be the biggest business bully around.

The whole package vs. a la carte thing is crazy. Most of the problems now is that basic analog and digital is crammed with channels from deals done many years ago and they can't move them or they are owned by the cable operator themselves or another cable operator so they play nice with each other.

dad1153

· #16 · May 11, 2007

Quote:
Originally Posted by Patfantx /forum/post/0

The NFL may be the biggest business bully around.

May be? Like there's any doubt about the stated premise?

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sandiegojoe

· #17 · May 11, 2007

so how much will comcast users have to pay now for nfl network/sports tier? Tat really sucks.

I looove the nfl network. Especially now that they are showing "NFL Classics" games that have never been re-aired over the last 70 years. I watched 16 hours of draft coverage on it, I tivo total access every day of the regular season and off-season. It's an excellent channel.

But other than the handful of regular season games each year, I don't know if I'd actually pay extra for it.

chitchatjf

· #18 · May 11, 2007

This only applies to New york state at the moment.

I can see one big thing that could make Comcast move NFL to standard or even limited basic.

Eliminate the D* monopoly on Sunday Ticket!

QZ1

· #19 · May 11, 2007

Quote:
Originally Posted by chitchatjf /forum/post/0

This only applies to New york state at the moment.

I can see one big thing that could make Comcast move NFL to standard or even limited basic.

Eliminate the D* monopoly on Sunday Ticket!

Standard, yes; Basic, no way, that is for Locals, and some areas have C-Span and/or Weather, and even a few other variety channels, but not an expensive specialty channel like NFL Network.

Here, we have the NFL Net on Digital Plus and the Sports Tier; I fully expect it to be removed from the former, eventually.

celticpride

· #20 · May 12, 2007

I hope directv DOESN"T do this, i would not want to pay $12.00 a month just to watch 8 nfl games, as i usually don't watch that channel anyway other than the live games. or i would just order for 2 months out of the year november and december just to watch those 8 games. then cancel the sports pack the rest of the year.

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