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Executive Session with Andy Schwartzman

Comcast-NBCU Is Bad For Broadcasting

TVNewsCheck, December 8, 2009 8:29 AM EST

Within hours of the announcement last week that Comcast had agreed to acquire a controlling interest in NBCU and its vast array of broadcast and cable properties, Andy Schwartzman of the Media Access Project sent out an e-mail to reporters raising concerns and calling on the government to scrutinize it carefully.

No one in Washington policymaking circles was surprised.

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For more than three decades, Schwartzman has been working for open and diverse media -- that is, policies that limit media concentration, insure access to media by citizens and encourage diversity in media ownership.

Those goals have regularly brought him into conflict with media companies and their seemingly irresistible urge to merge. The battles have been fought mostly at the FCC and in the courts.

In this interview with TVNewsCheck Editor Harry A. Jessell, Schwartzman spells out some of his concerns about the Comcast-NBC combination, which includes his belief that it will put all TV broadcasters outside of the NBC family at risk. He also explains why the FCC's cash-for-spectrum proposal is a bad idea.

An edited transcript:

So what's the problem with the Comcast-NBC deal?

We're unhappy about vertical integration in the media market to begin with. This one is especially troublesome because the cable programming market has been too difficult to crack. This combination gives Comcast all the more reason to make it difficult for new and interesting programmers to get carriage. It will also make it much harder for competitors like the phone companies and the satellite companies to get programming under similar terms and conditions. So it will adversely affect viewer choice. I would add it's also likely to raise cable rates.

What about the broadcasting side? Any thoughts on whether it would be good or bad for TV stations?

Yes. In those cities where Comcast is the dominant cable company as well as the owner of an NBC station, there will be a lot of problems for the other network affiliates. The ability to sell advertising across platforms will give a distinct edge to the Comcast stations. While [Comcast CEO] Brian Roberts talks about paying for retransmission consent, the fact that he can get the NBC content for free is going to give him more leverage in retransmission consent negotiations with other affiliates.

Is that such a serious concern that the government should put conditions on the deal?

I think conditions on that and a number of other adverse aspects of the deal should be a bare minimum to attain approval from the FCC and antitrust authorities.

Well, what's the particular fix for cable-broadcast crossownership in the local markets?

This is early in the game and we haven't thought this through completely, but you might have to have some sort of protection that assures that NBC stations are not advantaged in retransmission consent negotiations fees with other competing affiliates.

What about the deal's impact on the distribution of NBC programming on the Web?

If Comcast pulls the plug on Hulu or withholds NBC programming from Hulu and other online competitors, this important new platform, which may be very important for broadcasters, will be jeopardized and broadcasters will be at the mercy of the cable companies with their TV Everywhere-type schemes.

Could you elaborate on that a little bit? Why should that bother broadcasters?

The delivery of programming over the Internet is important not just for viewers, but for broadcasters because they can develop additional advertising revenue streams with advertising on Hulu. Comcast has an interest in making sure that the competing video- over-Internet offerings don't get off the ground and, instead, wants to migrate everything to its TV Everywhere-approach where it seeks to grab revenue that otherwise would go to a competitive source. It's not good for broadcasters and it's certainly not good for the public.

What about the newspaper-broadcast crossownership rule. Isn't that an anachronism now?

No. I don't think it's an anachronism. I just attended a two-day conference [on the future of journalism] conducted by the Federal Trade Commission and one of the important takeaways from that is that newspapers continue to be profitable on an operating basis. The red ink is largely from debt and bad decisions that were made in paying too high a price to acquire property.

The studies presented at the conference also showed that daily newspapers continued to be the most powerful force shaping local public opinion and voting behavior, with local TV second. Combining those two forces is more influence than any one person or company should have in a community. That was true when the FCC adopted the rule and it's true today.

You make it sound like the debt isn't a real expense. It is a real expense and they're stuck with it and if they don't make their payments, they're going to go under.

Comments (7) -

RustbeltAlumnus2 Nickname posted 273 days, 6417 hours, 11 minutes ago
If vertical integration is so bad, why haven't any planets collided since the early 1990s when it blossomed under the watch of a Democratic White House? It seems to me that the media are doing fine and the audience have no complaints. It's hard to feel sorry for the Government. It seems to be large and in charge, firing executives of companies it has nationalized. Maybe it should nationalize all the media and put Andy Schwartzman in charge as the czar.
HopeUMakeit Nickname posted 273 days, 6417 hours, 2 minutes ago
consolidation is much more dangerous than vertical integration. Local stations in small markets can be very profitable is they just focus on being small stations in small markets. They do have to be WCBS or WABC. They just have to be relevant to the viewers in their DMA. Here in Houston, I would never dream of looking at a national weathercast for this DMA.
GuyFawkes Nickname posted 272 days, 6392 hours, 8 minutes ago
Afraid you're wrong. The small-market (and not-so-small market) stations are becoming less and less profitable every year. Simple fact that is almost certain to continue barring major change. Best hope for stations is complete or at least major local-market deregulation, or union elimination... or both. The argument that all broadcasters' problems can be solved by "just being more local" is awfully tired at this stage. Everyone's already doing it and it's not stanching the slide in retained earnings, which is what you need to continue an operation viably.
HowardMBurgers Nickname posted 273 days, 6417 hours,
Sorry Rusty, this has nothing to do with Democrats or Republicans, this is a business deal. Look, this deal will go one of two ways; either after five years it will be deemed the AOL-Time Warner of 2010 with both NBC and Comcast stock being relegated to junk status or worse, or Comcast will operate the business for a few years then divest itself of NBC at the time window when GE will be looking for a buyout of their shares. By that time Comcast will have enough of a content track record to stand on it's own without NBCU, or will strip parts or the group they want and spin the rest. Comcast has to do a deal like this or Wall St. will start looking at cable as just as much a dinosaur as traditional broadcast is viewed. What confounds me is how much in debt Comcast will be to pull this off. With cable margins hovering around 5-10%, what lenders today would finance a speculative play like this without some HEAVY restrictions and lending covenants? (Much like the Time Warner AOL deal)
Kevin Quinn posted 273 days, 6416 hours, 22 minutes ago
First off, I don't understand how Andy can claim there's a need for more "new and interesting programmers to get carriage". I pay for more than two hundred cable channels that I don't even watch, so please don't pretend like we need one more stinkin' cable channel. The only new channel that's missing is one on how to knit and it's probably in the works. Secondly, if Andy has any concerns at all about local stations, then he wouldn't be worried about the lack of TV shows on the internet. That has only helped the networks at the expense of the local stations. Why watch it on your local affiliate if you can watch it on the network's site or some third party site? There have been some series that I've only seen on the web and never on my local affiliate. At first it made sense that you were attracting viewers to watch a show on a regular basis by letting them catch a missed episode or be introduced to a show. But where the viewer formerly was confined to a small computer screen, now they can hook up their internet to a regular sized TV and watch all episodes with no local commercials. I can't believe that I used to think that it would be the DVR that would hasten the demise of local TV as we all know it. The day is coming quickly when stations will just be another web site providing mostly local news. Someone has got to figure out a way to put the lid back on Pandora's box now and I don't think Andy is that person.
John Willkie Nickname posted 273 days, 6413 hours, 46 minutes ago
I was thinking back about "Andy" and his three decades of "activism." I was wondering what he had actually accomplished. (Not that I think Comcast buying NBC is a good thing for broadcasting.) His "accomplishments" seem to be limited to delyaing deals and writing pleadings before the FCC that are either fatuous or ultimately -- at best -- put a new layer of lipstick on a pig. Now, Pluria Marshall, at least he built a few radio stations while taking what amounted to payoffs.
GuyFawkes Nickname posted 272 days, 6392 hours, 4 minutes ago
I can tell you one thing Andy managed to do -- scare all investment capital away from the TV station business by single-handedly court-shopping the case that stymied the FCC's reasonable attempt at local-media deregulation in 2003. Broadcasters can thank Andy for a lot of the headaches they're faced with today. Andy, thanks but no thanks on your efforts to "help" broadcasters with the Comcast-NBC situation. You want to help broadcasters this time? Then get out of the way of local-media deregulation. You've done enough harm.

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Updated 09/02 4:07p ET Quotes delayed at least 20 mins.
Source: Financial Content

Ratings

Overnights, adults 18-49 for September 1, 2010
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Source: Nielsen Media Research
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