Atlantic Broadband claims the complaint filed by LIN
Broadcasting, parent company of WIVB-TV, Channel 4 in Buffalo,
N.Y., is without merit.
Atlantic Broadband, a television cable provider serving parts of
New York state, Pennsylvania and West Virginia, is the object of a
complaint filed by LIN Broadcasting to the Federal Communications
Commission claiming that Atlantic Broadband has been unlawfully
carrying WIVB.
David Dane, vice president of operations for Atlantic Broadband,
explained that allegations that Atlantic Broadband had been
illegally carrying the station were unfounded and that the cable
company has acted in accordance with the law.
The complaint is in reference to two systems in the Buffalo
designated market area, Salamanca, N.Y., and Bradford/Limestone,
N.Y., as well as two systems in the Erie DMA, Sugar Grove and
Warren. LIN Broadcasting stated that Atlantic Broadband was
carrying WIVB’s signal on these systems without the authority to do
so in the complaint.
Atlantic Broadband filed a statement on the complaint,
explaining the Salamanca and Bradford (including Limestone) systems
have historically claimed “must carry” status for WIVB while the
Sugar Grove and Warren systems have carried WIVB with
permission.
Dane explained that all broadcasters are required by federal law
to notify the cable operators of their intent to make an election
on retransmission agreements, which include monetary compensation
for the use of the broadcasting, on three-year cycles.
During 2005, LIN Broadcasting failed to notify any of the
Atlantic Broadband offices of its intent to elect for
retransmission consent, which led Atlantic Broadband to believe it
was running under the “must carry” status.
LIN Broadcasting claims that Atlantic Broadband failed to notify
them of the change in ownership when it took over the four systems.
Dane said that it is not Atlantic Broadband’s responsibility to
notify the stations and that almost 50 other stations the company
deals with were able to locate the company and work out
arrangements without any difficulty.
“They did not make this election with us, and they did not
contact us for several years,” Dane said. “A couple months ago they
contacted us and wanted payment for the services.
“We believe that we were in good faith negotiations with them,”
Dane said.
“We have successfully negotiated carriage rights with over 50
stations,” including the WGRZ-TV Channel 2 negotiations that was a
similar issue, but was resolved without the FCC, he said.
“The situation here, for reasons we just don’t understand at
all, is that LIN Broadcasting has chosen to make a big deal and
take this to the FCC,” Dane said.
LIN Broadcasting filed the complaint very quickly, he said,
saying that Atlanta Broadband was not made aware of the complaint
until it had been filed.
Atlantic Broadband took WIVB off the air in the Sugar Grove and
Warren systems, which are out-of-market, following the demand of
LIN Broadcasting, Dane explained.
These systems are not deprived of CBS programming, Dane said,
explaining that WIVB is a CBS affiliate. The two systems also carry
a CBS affiliate, WSEE Channel 5, out of Erie so the main programs
will remain on the air, although some of the times may be slightly
different.
Dane said that WIVB will not be pulled from the Bradford and
Salamanca systems, as Atlantic Broadband will continue to run the
signal under the “must carry” status.
WIVB is pushing for Atlantic Broadband subscribers to switch to
satellite television where they can view these stations.
The station is pushing this hard in the Warren and Sugar Grove
systems, but the satellite service they are naming does not even
carry WIVB, Dane explained.
“Consumers should not be alarmed and concerned, and we will keep
our consumers up to date on our programming decisions in all of
these systems,” he said.
Dane added that Atlantic Broadband has a time period in which to
reply to the complaint, which it has already started, and after
they formally reply it will be up to the FCC to decide whether the
dispute necessitates a trial.
“We will have our day in court. It is a shame that it has come
down to this,” Dane said. “We believe that we will prevail in this
dispute, and that WIVB’s claims are meritless.”
