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October 1999
"Priming The Pump": The Role of Retransmission Consent in the Transition To Digital Television

By Stuart N. Brotman

II. DIGITAL TELEVISION'S ROLLOUT

In broadcasting, the FCC has adopted a time-sensitive schedule that mandates digital television rollout in several waves. The first wave requires affiliates of the top four networks (ABC, CBS, NBC, Fox) in the top ten markets to have a digital signal on the air by May 1, 1999. In the second wave, affiliates of the top four networks in markets 11-30 must be on the air by November 1, 1999. Finally, by May 2002, all commercial broadcast television stations regardless of network affiliation or market size will be required to begin broadcasting in a digital format. 3

Given this schedule, competitive marketplace realities have compelled a response from the cable television industry. As Bob Perry, director of marketing at Mitsubishi Digital Electronics America recently noted, "[t]he cable industry has a fairly limited time horizon to make decisions [about digital]. If not, cable may lose the most profitable households to other service providers." 4 Since cable is competing vigorously with digital television services offered by direct broadcast satellite companies such as DirecTV, it has a real marketplace incentive to carry an attractive range of digital broadcast and other programming services that offer real value to cable subscribers.


3 In the Matter of Advanced Television Systems and Their Impact on Existing Television Service, Fifth Report and Order, MM Docket No. 87-268, FCC 97-116, 12 FCC Rcd 12809 (released April 21, 1997). Despite the FCC's mandate, a number of technical issues, such as indoor antenna and mobile reception problems under the current 8-VSB modulation standard have been raised as potential obstacles to the planned rollout timetable. See Bill McConnell, Sinclair Hurls DTV Gauntlet, Broadcasting & Cable, October 11, 1999, at 19.

4 Junko Yoshida and George Leopold, Consumer Vendors, Broadcasters Ask Cable Industry to Get with the Program-DTV Hopes Rise Despite Tech, Political Hang-ups, Electronic Engineering Times, October 4, 1999.



Table of Contents

I. Introduction

II. Digital Television's Rollout

III. Retransmission Consent's Track Record

IV. Digital Retransmission Consent Agreements

  1. Time Warner Cable
  2. AT&T Broadband and Internet Services
  3. MediaOne
  4. Future Agreements
V. Digital Television's Program Offerings

VI. Retransmission Consent and Television Receiver Sales

VII. Policy Implementations

VIII. Conclusion

About the Author

Appendix: Data Summaries

Chart 1: The Benefits of Retransmission Consent Agreements

Chart 2: Cable Carriage of Broadcaster's Digital Programming Under Retransmission Agreements

Chart 3: Time Warner-CBS Retransmission Consent Agreement

Chart 4: AT&T BIS-FOX Retransmission Consent Agreement

Chart 5: AT&T-NBC Retransmission Consent Agreement

Chart 6: Broadcast Networks Digital Programming Covered By Retransmission Consent Agreement