Everything You Always Wanted to Know About Retransmission Consent (but were afraid to ask)

John K. Hane

Posted June 1, 2012

By John Hane

If all goes well, next week I'll fulfill one of my secret ambitions: to discuss how retransmission consent is affecting the business of television distribution. I've participated in many panel discussions on retransmission consent policy (because I work in Washington, and policy is what we talk about here).

On Tuesday I'll be in New York at the SNL Kagan TV and Radio Finance Summit where I'll finally have a chance to talk about the business, financial and investment aspects of retransmission consent (because that's what they talk about in New York). To me, those are the far more intriguing topics, because if you don't totally understand the market, you can't credibly defend your policy positions.

SNL has assembled an all-star panel, including senior execs from Fisher Communications, SJL Broadcast Management Corporation, Communications Corporation of America, Moodys, and the resident FCC Media Bureau Chief, Bill Lake. SNL's Robin Flynn (who always comes armed with thoughtful and well-presented data) will moderate. So Robin, here are some of the questions I'd like to hear debated by my fellow panelists, and I may have an opinion of my own here and there.

  • Why are retransmission fees still so low relative to viewing and why aren't they rising faster? What should the government do to help bring sports programming back to broadcast television?
  • According to SNL research, some groups get much higher retransmission rates than others. Does this reflect real differences or reporting anomalies? Will this differential continue? How will it affect the market?
  • What are the biggest negotiation and deal mistakes groups make?
  • Is there any way to protect against the unexpected, like Aereo and Ad Hopper?
  • Is Aereo really a "retrans killer"? What happens to different market segments if it is? Could some broadcasters be better off if Aereo prevailed?
  • Has retransmission consent fundamentally changed the network-affiliate model, or simply adjusted the dollar flow?
  • Is cord-cutting equally bad for all programmers?
  • Apart from retransmission consent, is there a growth case for broadcast groups?
  • Do rising retrans fees really make the pie bigger (and drive up consumer costs), or do they just move the slices around? Which networks will benefit most long term?
  • And most important: What happens to the price of a Happy Meal when corn futures triple (and what does this tell us about retransmission consent?)

Drop me an email at john.hane@pillsburylaw.com if you're attending and share my intense interest in these questions. If you aren't attending, SNL Kagan is making all of the day's sessions available via simulcast.

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