Cablevision

 

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Cablevision

[email protected]

02/15/03 - Date of last update to this page.

"I am looking into this situation and would like to assure you that I will do everything I can to encourage a resolution of this dispute that will enable Cablevision subscribers to view the Yankee games they have been looking forward to. I also support a bill before the Senate, S.7383, which would require municipalities to provide residents with a choice of cable television systems by giving the viewing public more options in cable television programming." January 28, 2003

NICHOLAS A. SPANO
State Senator

[email protected]

____________________________________________________

The impasse between Cablevision and the YES Network is more than the question of whether we get the opportunity to view the Yankee and Nets games on our home TVs.  It's about competition and choice and the use of monopoly power.  An industry needs competition or regulation.  The cable industry in the New York metropolitan area allows local monopolies but has virtually no regulation.

Each city, town and village granted local monopoly status to a single cable company because of the high cost of wiring that municipality.  Similar policy exists for our basic utilities: telephone and power.  Ironically, both of those industries have moved closer to having competition.  The cable industry has not budged.  Cablevision is flaunting and abusing its monopoly position for three million people.  The particulars are described below.

This section is intended to present a call to action to achieve change, to introduce competition in the New York area cable industry.  It should attract those who have a monopoly other cable company other than Cablevision.  It should include Mets fans, not just Yankee fans.  It should include non-sports fans.  It should include those who already subscribe to a Direct Broadcast Satellite (DBS) such as DirecTV, which carries the YES Network.

Here are some actions that can bring about this change:

1. Pressure the principles: YES and Cablevision.  Do not buy tickets to Yankee games and tell the Yankees why you are doing it.  Last season the Yankees set a team record for home attendance, which may well be the result of so many games not being carried on TV by Cablevision.  

Cancel Cablevision and switch to DirecTV and tell Cablevision why you are doing it.  While this is not an option for most of us who live in apartments, people who have their own house can do this easily.  However, entire apartment buildings can negotiate quantity discounts with DirecTV.  This would both save money and provide physical access to those who do not have it.  The FCC has a rule that people living in a apartment type complex have the right to receive DBS into an individual unit but this is not very practical because it requires that the unit have a private area such as a terrace on which the receiving dish can be placed and also an unobstructed line of sight to the satellite to the southwest.  DBS to an apartment building really needs to be done by the entire building.

2. Pressure your elected representatives.  In this instance, the most immediate power is held by those at the local level: the mayor and members of the municipal council.  They granted the monoply to Cablevision and they can take it away.  I filed a complaint with the New York State Public Service Commission.  Here is the reply:


From: [email protected]
To: [email protected] 
Subject: 
Date: Thu, 16 Jan 2003 14:59:18 -0500 

Dear Consumer:

You recently visited the New York State Public Service Commission's web 
site at: www/dps/state.ny.us and you filed a complaint with us against: 
Cablevision regarding their refusal to carry Yankee games.

We are unable to assist you with your complaint because the Commission 
has no jurisdiction in this matter. We suggest you contact your local 
municipalty or a member of your local government for further 
assistance.

Sincerely,
The NYS Public Service Commission
Office of Consumer Services

____________________________________________________

I sent a messages to Elliot Spitzer, the New York State Attorney General, pointing out that the New Jersey Attorney General was taking action and he should do likewise.  No response.  Here is the latest one:

Form submitted on Sat Feb 15 11:32:19 2003

Personal Information:
Mr Kenneth Matinale
10 Stewart PL, 2CE
White Plains, NY 10603
Phone: (914) 683-0330
Email: [email protected]

Comments:
http://www.newsday.com/sports/baseball/
yankees/ny-
yes053117561feb05,0,7045784.story?
vote6496428=1

Read this. It states, in part:

bills moving through the New Jersey 
legislature would compel the parties 
to negotiate with the state attorney 
general ...

In December, David Samson, then New 
Jersey attorney general, requested and 
received internal records and e-mails 
from Cablevision...

On the legislative front, a proposal 
by New Jersey Assemb. Paul Sarlo (D-
Bergen) aims at preventing cable 
operators that own sports programming 
or teams from blocking competing 
sports services. That bill cleared an 
assembly committee Monday and Sarlo 
said yesterday he hoped the full 
assembly would consider it next 
Monday. The measure would give the 
state attorney general the right to 
compel the parties to negotiate with 
him as overseer.

_________________________

Get off your ass!

 

____________________________________________________

I sent messages to my House members: Sue Kelly last year and Nita Lowey this year after redistricting.  No response.  Rep. Elliot Engels of the Bronx has spoken out.

I sent messages to the mayor and council members in White Plains, NY.  No response until ...

I discovered that an Orange County, NY State Senator was introducing legislation to address the matter.  It is S.7383.  I sent  a message to my own State Senator, Nick Spano, and got the response below.  I then forwarded Spano's response to the mayor and council members in White Plains, NY and got the response from council member Bill King shown immediately below.

The bottom line is: contact your elected represenatives, especially the locals.  The most immediate action may come from the New York State Senate bill (S.7383), so contact your state senator and also your member of the state Assembly who will also have to vote on this bill.

____________________________________________________

I got this message from Bill King, member of the White Plains, NY Common Council.  He responded to the message that I forwarded from New York State Senator Nick Spano.  All council members received it.  Sen. Spano's message is below that of Council member King.

____________________________________________________

Date: Wed, 29 Jan 2003 09:05:57 -0500 
From: "William King" <[email protected]>
To: [email protected] 
CC: [email protected] 
Subject: Re: S.7383 

Ken - I will discuss this with the other council members and the 
mayor's office. "I share your pain." I grew up in the Chicago area and so,
deep down inside, though I hate this about myself, I root for the Cubs
and wouldn't mind seeing them once in a while on WGN ..... which is
carried elsewhere in NYC and the area but also not by Cablevision, and 
I have thought about how "something should be done about this - why is
there only one cable company?" I am passing this on to our county
legislator, Bill Ryan, our 2 state assembly people who I see occasionally and also our other state senator, Suzi Oppenheimer. Maybe there will be something to report back to you from one or more of these people. Thanks. - Bill King

>>> Kenneth Matinale <[email protected]> 01/28/03 05:22PM >>>
WP CC:

State Senator Spano is taking action. How about doing your bit on the local level?

Ken Matinale

____________________________________________________

Finally some action!  Below is a copy of an e-mail message from my New York State Senator, Nick Spano.  He mentions bill S.7383.  Contact your state senator and assembly person and encourage them to act.

From: [email protected]
Subject: Re: YES Network and Cablevision 
To: [email protected] 
Date: Tue, 28 Jan 2003 16:31:16 -0500 

Dear Mr. Matinale:

Thank you for contacting me regarding the YES Network/Cablevision dispute.

It is unfortunate that this business dispute between companies is preventing three million New Yorkers from viewing Yankee games that they have been so eagerly anticipating. It is further aggravating to Cablevision subscribers because they continue to pay a subscription rate they agreed to pay, in part, because the service included the Yankee games.

I am looking into this situation and would like to assure you that I will do everything I can to encourage a resolution of this dispute that will enable Cablevision subscribers to view the Yankee games they have been looking forward too. I also support a bill before the Senate, S.7383, which would require municipalities to provide residents with a choice of cable television systems by giving the viewing public more options in cable television programming.

Again, thank you for contacting me regarding this issue. If I can be of further assistance to you, please do not hesitate to contact me.

Sincerely,
NICHOLAS A. SPANO
State Senator

______________________________________________

Note: 8/8/02 - WSJ just reported that Cablevision lost $98,000,000 in the second quarter.

______________________________________________

Spring 2002:

What am I missing here?  Why isn’t some governmental body doing something about Cablevision?  Cablevision is clearly attempting to stifle competition.  Cablevision’s refusal to carry Yankee games on the new YES network is much more than a personal dispute between two millionaires, Dolan, who owns Cablevision, and Steinbrenner, who owns the Yankees.  Cablevision is attempting to destroy YES because it is a direct competitor to Cablevision’s own network programming, which is carried on Cablevision’s cable facilities.  Those cable facilities are granted monopoly status by various governmental entities.  Cablevision has a clear conflict of interest.  How can Cablevision be allowed to continue this way?

YES is basically owned by the Yankees (baseball), which own the NBA Nets (basketball) and the NHL Devils (hockey).  In recent years Cablevision carried these teams on sports networks that Cablevision owns:

MSGNetwork: Yankees

Sportschannel: Nets and Devils.

MSGNetwork also carries the NBA Knicks (basketball) and the NHL Rangers (hockey).

Sportschannel also carries the Mets (baseball).

Cablevision owns Madison Square Garden (MSG).  MSG includes:

the building

Knicks

Rangers

MSGNetwork.

Here are the ownerships in another format.

Cablevision YES
Network MSGNetwork YES
Sportchannel
Cable monopoly none
Basketball Knicks Nets
Hockey Rangers Devils
Baseball none (yet) Yankees

Note that Cablevision has attempted to buy the Yankees and then attempted to buy the Mets to further Cablevision’s stranglehold on sports broadcasting in the New York City area.

As soon as their commitments to Cablevision networks are completed it is obvious that both the Nets and Devils will switch from Cablevision owned networks to YES.  Cablevision’s position is a de facto conflict of interest since only Cablevision owns the facilities and only Cablevision makes the decisions about which programs are carried.

With neither of the two Cablevision-owned teams, the Knicks and Rangers, playing in their respective league’s playoffs and with the Yankees having switched from MSGNetwork after twelve years there to its own YES network, Cablevision was left with no sports this spring on MSGNetwork.  No problem when you have a monopoly, which includes the facilities, and the only two sports networks that carry local games in the New York City area: simply switch a bunch of Mets games from Sportchannel to MSGNetwork.  Heck, Cablevision owns both Sportchannel and MSGNetwork.  The media is too busy concentrating on repeating the same superficial stories based on its hatred of Steinbrenner to deal with the only real issue: Cablevision’s abuse of government granted monopoly status and conflict of interest.

Which governmental entity will step up and do something about this travesty?

_______________________________________________________

Links:

 http://www.members.aol.com/_ht_a/jpcef/cablevision.html

_______________________________________________________

J.D. Power and Associates Reports Consumer Ratings:

Cablevision dead last!

http://www.jdpa.com/studies_jdpower/pressrelease.asp?StudyID=654

Click below and select Cablevision, DirecTV and Time Warner:

http://jdpower.com/telecom/jdpa_ratings/FindCableSat.jsp

_______________________________________________________

Newsday Feb. 5, 2003:

Cablevision Deal With YES? No
Without dish, chances to see Yankees games are remote

http://www.newsday.com/sports/baseball/yankees/ny-yes053117561feb05,0,7045784.story

 

 

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