Fox, Cablevision Engaged in Rate Duel That Could Impact NFL Football Fans

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Oct 17, 2010

NEW YORK — Negotiators for Cablevision and Fox parent News Corp. planned to meet again Sunday to resolve a dispute over rates that could force subscribers to make alternate arrangements to watch the New York Giants take on the Detroit Lions.

Cablevision, the service provider for 3 million customers in the New York area, met with Fox representatives throughout the afternoon Saturday but adjourned without reaching a deal. The negotiations ended before the start of the National League Championship Series playoff game between the Philadelphia Phillies and the San Francisco Giants, said Cablevision spokesman Jim Maiella.

The stalemate that led to Fox pulling its channels and, briefly, online content from subscribers in parts of New York, New Jersey and Connecticut early Saturday was the latest in a series of programming fee disputes that have led to blackouts of programs such as the Oscars. But the impasse amounted to more than corporate wrangling for Bronx resident Clifford Taylor.

"We live for sports," Taylor said. "Die-hard New Yorker fans, we love to see the Yankees and Giants play."

On Saturday night, Theresa McCluskey, 42, of Hicksville was at a bar in Penn Station with three friends as they waited for a train and watched All-Star pitchers Roy Halladay and Tim Lincecum in the first game of the NLCS.

"We pay enough money for every station that we get now," she said. "Why subject us to not having our stations that we paid for originally?"

"We'll have to come out to the bar, spend more money," she added, laughing.

According to Cablevision, the dispute is about $80 million, to be precise. The cable company says that News Corp. is asking for that much more a year for access to 12 Fox channels, including those in dispute. That would more than double the yearly rate to $150 million, says the company, which is demanding that Fox enter into binding arbitration.

Fox, meanwhile, blames Cablevision Systems Corp. "In an effort to avoid this very situation, we started this process in May and made numerous reasonable proposals, Mike Hopkins, president of Fox Networks Affiliate Sales and Marketing, said in an earlier release.

"As long as there is a serious effort on the part of Cablevision, we will be at the table," Fox spokesman Scott Grogin said Saturday. "We want to settle this as quickly as possible."

After negotiations ended later in the day, Cablevision issued a statement accusing News Corp. of using the sporting events "to hold viewers hostage," calling it shameful.

By Saturday afternoon, Cablevision's Internet customers were blocked from watching Fox content on the network's website and on the video site Hulu, prompting U.S. Rep. Edward Markey, D-Mass., to call on the Federal Communications Commission to broker an agreement and step in to "defend Internet freedom and consumer rights."

Other lawmakers have weighed in on the issue. Rep. Steve Israel, D-N.Y., and Rep. Peter King, R-N.Y., were among those calling for arbitration, and Israel said Friday he had asked the FCC to intervene.
The FCC encouraged the two parties to agree to binding arbitration without suspending service and did not specify a mediator, according to Jack Pratt, a spokesman for Israel.

Fox channels went black for Cablevision customers Saturday shortly after midnight, when their previous deal expired. The blackout affects Fox 5 and My9 in New York and the Philadelphia-based Fox29. Subscribers also lost access to cable channels Fox Business Network, NatGeo Wild and Fox Deportes.

This isn't the first time this has happened: Other Cablevision fee disputes earlier this year blacked out The Walt Disney Co.'s ABC broadcast signal and Scripps Networks Interactive Inc.'s Food Network and HGTV.

And in a separate dispute with satellite TV company Dish Network Corp., Fox cut access on Oct. 1 to 19 regional sports networks, FX and the National Geographic Channel for some 14.3 million Dish subscribers. That fight foreshadows more tough negotiations, as the deal for Fox broadcast signals on Dish expires Oct. 31.

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