Sunday, July 24, 2016

The Game of Negotiating Retransmission Agreements

It’s been nearly 6-weeks since DISH blacked-out Tribune Broadcasting’s WGN America network and its 42 owned or operated stations to its 5-million subscribers in 33 markets because of the inability of the two parties to agree to new pricing terms for retransmission. 

First move was by Tribune which launched a media blitz (with website) “informing” subscribers of the impasse and suggesting they take action, such as switching to another satellite/cable provider.  

DISH countered in two ways.  On June 16th, it requested that Tribune agree to binding baseball-style arbitration to resolve the dispute.  A few days later, on June 20th, it filed a lawsuit against Tribune in the U.S. District Court in Colorado seeking monetary damages associated with increased expenditures, drop in revenue, and loss in goodwill and reputation. https://consumermediallc.files.wordpress.com/2016/06/1-main.pdf

Tribune moved next by offering to extend the terms of the old contract to August 31st while requesting the FCC to monitor “good faith” negotiations.  It moved again, this time on July 20th, with an offer to extend the termination date to September 15th, with no true-up or retroactive payments required as long as access was restored immediately.


On an investor call on July 22nd, however, Charles Ergen, DISH CEO, stated that the satellite provider was “prepared to live without Tribune and WGN America”.   What about its dispute with the NFL Network too?  With 281,000 (2%) lost subscribers in the second quarter and football season fast approaching, what makes a strategic negotiating bluff turn into a huge mistake for the firm?  

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