Netflix's Ted Sarandos to Cable Companies: Don't Try to 'Block Us' (Video)

THR, Esq. Entertainment & Media Law Blog

Speaking at The Hollywood Reporter's sixth annual Power Lawyers event, the company's chief content officer argued that streaming actually helps increase TV viewership.

Charter Gets Green Light to Appeal First Amendment Argument in Discrimination Case

THR, Esq. Entertainment & Media Law Blog

The cable company will move to the 9th Circuit to argue a judge was in error by allowing claims over its decisions about which channels to carry.

Trending Sources

FCC Announces New Round of EEO Audits for Radio Stations; Reminds Broadcsters of Requirement to Post Annual EEO Public File Report on Station Website, and Cable Companies of Obligation to File EEO Program Annual Report

Broadcast Law Blog

On the same day as the FCC issued this audit for radio stations, it issued a Public Notice to remind Multi-Channel Video Programming Distributors (MVPDs) with six or more full-time employees, including cable systems, of their obligation to file by September 30 their Annual EEO Program Reports on FCC Form 396-C. This notice also reminds certain cable systems of the need to submit supplemental information about their hiring efforts to the FCC.

Comcast, Time Warner Cable Sued Over Ex-Customer Records

THR, Esq. Entertainment & Media Law Blog

Plaintiffs say that big cable companies have no reason to hold onto credit card info and warn of risks. read more. THR, Esq. The Business Television Business

Cablevision Files Antitrust Lawsuit Against Viacom

THR, Esq. Entertainment & Media Law Blog

The cable company accuses Viacom of coercion and is seeking to void a carriage agreement. read more. The Business THR, Esq. Cablevision Television Viacom Business

Comcast Pulling Out of Attempt to Buy TimeWarner

Media Law Prof Blog

largest cable companies and their merger Comcast is apparently ending its $45 billion try to purchase TimeWarner because of difficulties in overcoming agency skepticism over the impact such a deal would have on consumers. Comcast and TimeWarner are the U.S.

Viacom Tells Judge Not To Invalidate Carriage Agreement With Cablevision

THR, Esq. Entertainment & Media Law Blog

The cable company accuses the conglomerate of coercing it to carry lesser networks as part of the price for MTV, Nickelodeon and Comedy Central.

Customer Files Lawsuit against Comcast Over Credit inquiry

Media Law Prof Blog

Chicago resident Keith Santangelo has filed suit against cable company giant Comcast, alleging that it did an unauthorized credit check on him after he specifically asked Comcast customer service not to do so, and after he paid a $50 deposit

Rethinking the MVPD (Multichannel Video Programming Distributor)

Media Law Prof Blog

The FCC is considering an Internet provider's request to be treated like a cable company. Sky Angel, an online video distributor, and Discovery Communications had an agreement to distribute Discovery's content. But Discovery had a change of heart and cancelled

How to Settle the Viacom iPad Lawsuits Now

Digital Media Law

Back in April, Viacom and Time Warner Cable sued each other; then last month Viacom sued Cablevision. In both sets of suits, the issue is the same: under license and distribution agreements, can cable companies allow their customers to add another screen to their home viewing options: an iPad? With Viacom, Time Warner Cable and Cablevision mired in litigation over the issue, there is a possible path to resolving the disputes.

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FCC Media Bureau Finds That Time Warner Cable Subject To Effective Competition In Six Communities in New York State

Media Law Prof Blog

The FCC Media Bureau has found that Time Warner Cable is subject to "effective competition" in six communities in New York (Chili, Churchville, Clarkson, Gates, Hamlin, and Henrietta). According to FCC regulations, only cable companies that are not subject to

Another EEO Audit – This Time for Cable – Reminds Broadcasters to Observe Their EEO Obligations

Broadcast Law Blog

Earlier this month, the FCC announced another of its regular EEO audits , though this time it’s just for cable systems and other MVPDs who, like broadcasters, have EEO obligations. The FCC will audit 5% of all broadcasters and cable companies each year to assess their EEO compliance, so be prepared in case you are next. Cable Carriage EEO Compliance/Diversity FCC Fines EEO outreach FCC EEO audit

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ENTERTAINMENT LITIGATION: COPYRIGHT AND THE NEW REMOTE DIGITAL VIDEO RECORDERS

Entertainment Litigation Blog

While copying for personal use has been upheld by the courts, new technologies allowing cable companies to provide digital video recorders from a remote, central location have given rise to a number of cases across the country. Stay tuned to see if your cable's DVR will be upheld to be legal. In summary, the cable companies' remote DVR has the same controls and "box" that the stand alone set top DVRs do.

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Slovakia’s Internet Faster than U.S.

JetLawBlog

There is a high demand for a fast connection, and cables don’t have to run far to carry the signal. Most Americans don’t have much choice–they generally must choose between one DSL provider or one cable company if they want high-speed Internet. Times op-ed , Benkler argues that the government should break up the local monopolies with regulations that require cable companies to sell access to their competitors.

The GE/Comcast Deal

Media Law Prof Blog

From the New York Times, on the GE/Comcast deal over NBC/Universal: With technology changing Americans’ media experience at breakneck speed, it might seem quaint to worry about the merger of an old-style cable company with a beleaguered broadcast TV company

Moving FCC EEO Enforcement from the Media to the Enforcement Bureau – What Does It Mean?

Broadcast Law Blog

As EEO enforcement is primarily aimed at broadcasters and cable companies, and has been part of the Media Bureau responsibilities since the Bureau existed, why was this change made and what does it mean? The FCC yesterday adopted an order moving broadcast EEO enforcement from the FCC’s Media Bureau to its Enforcement Bureau. The change will be effective later, after certain procedural approvals are obtained and after notice is published in the Federal Register.

Cat Fight in the Fox’s Den

Digital Media Law

1), when a deal was reached, Fox was threatening to black out its channels, most notably Fox broadcast, from Time Warner Cable (TWC) unless TWC anted up a subscriber fee of reportedly $1 per subscriber per month. Historically, cable networks such as HBO, Showtime, AMC, etc. That’s not the sort of attention a media company wants. The answer is that MSO's (cable cos. Thus, raising cable prices could cost TWC dearly. lacks a cable system.

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SAG Contract Graveyard

Digital Media Law

Basic Cable Agreement (was set to expire June 30, 2008, then extended to December 19, 2008, and now expired). As Variety reports, this contract with about 20 cable companies expired last month, and no date has been set for negotiations. This is the agreement with video game companies. Basic Cable Animation Agreement (expires January 15, 2008). Tags: talent agents SAG franchise agreement basic cable Commercials Where do SAG contracts go when they expire?

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Comment Date Set on Rulemaking to Implement the CALM Act Regulating Loud TV Commercials

Broadcast Law Blog

As set out in that summary, the NPRM asks many questions of broadcasters, cable companies, and other Multichannel Video Programming Distributors about implementation of the CALM Act, including who must comply, how compliance can be achieved, and the impact of reliance on program suppliers (networks, broadcast programming carried on cable, etc.)

Of “Lunch Stands and Merry-Go-Rounds”: Ninth Circuit’s Rejection of FTC Authority Over “Throttling” Could Have Far Reaching Implications for Cable and Other Broadband Providers

New Media and Technology Law

Given the FCC’s 2015 reclassification of all public broadband services (wired and mobile) as “common carrier” services , the decision potentially could be applied to exempt cable companies and other broadband providers (e.g., This could mean, for example, that cable companies and others may be wholly exempt from section 5, even for non-broadband services such as linear television, video-on-demand, and set-top box leases.

SAG Presidential Candidate: I'll Seek Strike Authorization Next Year if Elected

Digital Media Law

All content companies – management, in other words - are being squeezed by technology, and labor is not exempt. That depends in part on how far new media advances and becomes able to replace network and cable TV not just for young people viewing content on their PC’s, but also the general population who prefer to watch content on the big screen TVs they’ve purchased.

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FCC Finds Proper Regulation “Quite Difficult”–Comcast Wins

JetLawBlog

Circuit struck down as “arbitrary and capricious” a Federal Communications Commission (FCC) regulation prohibiting a single cable operator from serving more than 30 percent of the market. MAP remained fixated on the big-bad cable companies and, like the FCC, seemed to ignore DBS.

FCC Continues EEO Audits, This Time Just For Cable and Satellite Television Systems – A Reminder for Broadcasters to Keep Up EEO Compliance and Paperwork

Broadcast Law Blog

The FCC has just announced another of its regular EEO audits , though this time it’s just for cable and satellite television systems, which also have EEO obligations (see the FCC Public Notice and list of affected systems here ). The FCC will audit 5% of all broadcasters and cable companies each year to assess their EEO compliance, so be prepared in case you are next. EEO Compliance/Diversity annual EEO public file report cable television EEO FCC EEO audit

Legal Pad Blog: Cablevision case is 'Early Test for Obama on IP Issues'

Copyrights & Campaigns

The question is: Will it be reciprocated when it comes time to pick sides in the copyright war between Silicon Valley’s tech companies and the Hollywood movie studios? The studios claim that the cable company is infringing its copyrights by storing TV shows on its servers and allowing customers to watch them when they like. I don't plan to blog in any detail about the Cablevision case , since I worked on it in the S.D.N.Y. and Second Circuit as an attorney at Fox.

FCC Continues EEO Audits, This Time Just For Cable Systems - A Reminder for All to Keep Up EEO Compliance and Paperwork

Broadcast Law Blog

The FCC has just announced another of its regular EEO audits , though this time its just for cable systems (see the FCC Public Notice and list of affected systems here ). The FCC will audit 5% of all broadcasters and cable companies each year to assess their EEO compliance, so be prepared in case you are next.

FCC Extends Reply Comment Date on CALM Act Implementation Rules as ATSC Plans Update of Compliance Protocol

Broadcast Law Blog

We wrote about the issues in this porceeding here , The CALM Act ("Commercial Announcement Loudness Mitigation" Act), which must be implemented by the end of this year, is meant to require broadcasters, cable companies and other MVPDs to eliminate loud commercials - commercials that are substantially louder than the associated programming. The FCC has granted a short extension for Reply Comments on the implementation of the CALM Act.

The Hidden Concerns of the Comcast/NBC Deal–Will You Take Away My Hulu?

JetLawBlog

cable operator with a huge media conglomerate that owns a variety of interests including TV networks, a film studio, and even a theme park. Contrary to what many pessimistic job seekers are saying, there is still work out there for M&A lawyers.

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$11,000 FCC EEO Fine for Recruiting Solely Through Online Sources – Time to Revisit the FCC Rules?

Broadcast Law Blog

An FCC decision fining a cable company $11,000 for not adequately recruiting for job openings should be viewed as a warning to broadcasters as well as well as MVPDs – failure to recruit for job openings by disseminating information about those opening through diverse sources will likely result in a substantial fine under the current rules being enforced by the Commission’s Media Bureau.

FCC To Consider Abolition of Requirement that Broadcasters Maintain Letters From the Public in their Public Files – Moving Toward the End of the Physical Public File?

Broadcast Law Blog

That question has already been raised in the AM revitalization proceeding (see our summary of the issues here ), and is actually raised in the FCC’s agenda for the May meeting as the same proceeding will also consider if cable companies should need to continue to publicize the location of their headends for public visits. Yesterday, the FCC announced its agenda for its May open meeting to be held on May 25.

Penalties of $39,000 and $25,000 Assessed For Video Programming Containing Fake EAS Messages

Broadcast Law Blog

The FCC is cracking down hard on television stations and cable companies who use EAS alerts – or even simulations of such alerts – in advertising, promotions, and programming. In two orders released this week, the FCC imposed big penalties on video companies who used fake EAS alerts in commercial messages.

FCC Asks for Comments on Petition Seeking Reform of Retransmission Consent Process

Broadcast Law Blog

The FCC’s Media Bureau today asked for public comment on the Petition recently filed by a number of multichannel video providers - including seven large cable companies , both DBS companies , and Verizon – along with the American Cable Association and several public interest and trade organizations. Even at this early stage, this is bound to be a controversial proceeding, which companies on both sides of the issue will vigorously debate.

The Clicker: Was Grokster really the important Supreme Court decision? - Engadget - www.engadget.com

Communications And Entertainment Law Blog

In doing so, the Supreme Court has set the stage for cable giants such as Comcast to, with impunity, disallow such competitive services as Vonage, Skype, and even perhaps Akimbo, MovieLink, and a host of IPTV services. A small, Santa Monica-based Internet company, Brand X Internet LLC, brought suit against the cable industry claiming that, under common carrier regulations, Brand X had a right to deliver its Internet services over the cable giants’ broadband networks.

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The Clicker: Was Grokster really the important Supreme Court decision? - Engadget - www.engadget.com

Communications And Entertainment Law Blog

In doing so, the Supreme Court has set the stage for cable giants such as Comcast to, with impunity, disallow such competitive services as Vonage, Skype, and even perhaps Akimbo, MovieLink, and a host of IPTV services. A small, Santa Monica-based Internet company, Brand X Internet LLC, brought suit against the cable industry claiming that, under common carrier regulations, Brand X had a right to deliver its Internet services over the cable giants’ broadband networks.

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House Committee Passes Revised DISCLOSE Act, Without New Lowest Unit Rate Provisions

Broadcast Law Blog

The DISCLOSE Act recently passed the Committee in the House of Representatives charged with dealing with it, without many of the provisions that most worried broadcasters and cable companies. That section of the original bill also required that the FCC conduct audits of broadcasters' compliance with the political rules, and seemingly expanded the FCC political advertising obligations of cable systems.

FCC Asks for Comments on Regulatory Fees for 2015 – Lots of Questions about Broadcast Fees

Broadcast Law Blog

As these NPRMs on reg fees make clear, this can be a very difficult process, as there will obviously be some employees who spend time on projects that cut across service lines – e.g. those in the International Bureau who negotiate with foreign governments may benefit broadcasters in some negotiations, and wireline or wireless companies in others. mobile phone companies) pay 20.4%, and those regulated by the International Bureau (e.g. satellite companies) about 6.28%.

5 Questions on the Meaning of the FCC’s Recent Ruling on Online Recruiting – How Does it Change a Broadcaster’s EEO Obligations?

Broadcast Law Blog

The FCC is now permitting broadcasters (and cable companies) to meet their obligation to widely disseminate information about their job openings solely through the use of online recruitment sources. The FCC recently issued a declaratory ruling (which we summarized here ) addressing the requirement that broadcasters widely disseminate information about all of their job openings in such a way as to reach all of the groups within their communities.

The Impact of the Proposed DISCLOSE Campaign Reform Act on Broadcasters and Cable Operators - Lowest Unit Rates and Reasonable Access for Political Parties, On Line Political File, FCC Audits and More

Broadcast Law Blog

While the announced goal of the legislation is aimed at disclosure of the individuals and companies who are trying to impact the political process, the draft legislation, if adopted would have significant impact on broadcasters and cable companies , including potentially extending lowest unit rates and reasonable access to Federal political party's campaign committees (and not just the candidates themselves).

Art Brodsky: There Is Some Leadership at the FCC

Communications And Entertainment Law Blog

To expect big telecom and cable duopolies to protect consumers while a toothless agency stands quietly by is to expect what never was nor will be. The CRTC order at the same time added a 10-percent markup to the rates to compensate the telephone and cable companies for their troubles. He would have allowed ISPs more control over the services in order to encourage innovations that come from smaller companies.

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Radio Talkers Paid to Endorse Causes During Their Shows? What Should Stations Do?

Broadcast Law Blog

This issue has already been a big deal on the video side of the media house, with both broadcasters and cable companies having been fined for including material in their programs without disclosing that they had received consideration for the inclusion of the material. Politico ran a story last week, indicating that a number of radio talk show hosts were paid to endorse , during their shows, certain causes and groups that might be of interest to their listeners.

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Will FCC Extend MVPD Rules to Online Video Providers – Including Retransmission Consent Fees and Program Access Rules?

Broadcast Law Blog

There were a number of published articles last week that suggested that the FCC was considering extending the definition of a Multichannel video programming distributor (MVPD) to over-the-top video providers or, as they are apparently being referred to, as Online Video Distributors (OVD) who provide linear programming like a cable or satellite company (as opposed to an on-demand provider like NetFlix).

Tom Wheeler Confirmed As FCC Chair – What Broadcast Issues Will the New FCC be Addressing?

Broadcast Law Blog

The biggest issue is no doubt the Incentive Auctions – looking at the reclaiming of spectrum from TV broadcasters to allow it to be re-sold to wireless companies for wireless broadband and other uses. The FCC under Chairman Genachowski had looked to have rules in place before the end of this year to reclaim the spectrum and to sell it to the wireless companies.

Art Brodsky: There Is Some Leadership at the FCC

Communications And Entertainment Law Blog

To expect big telecom and cable duopolies to protect consumers while a toothless agency stands quietly by is to expect what never was nor will be. The CRTC order at the same time added a 10-percent markup to the rates to compensate the telephone and cable companies for their troubles. He would have allowed ISPs more control over the services in order to encourage innovations that come from smaller companies.

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Not Dead Yet – Aereo Tries To Reinvent Itself By Arguing that it is a Cable System Entitled to Carry Television Stations Pursuant to the Statutory License

Broadcast Law Blog

First, it argues that, as the Supreme Court seemed to think that Aereo acted like a cable system and should be treated in the same manner as a cable system for purposes of determining whether its retransmission of a television stations signal was a public performance, it might as well be treated like a cable system for all purposes, and thus it should be entitled to carry the signals of TV stations pursuant to the statutory license granted to cable systems by Section 111 of the Copyright Act.

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