Atlantic Broadband subscribers in Bradford and Salamanca, N.Y.,
may soon loose Channel 4, following the plug being pulled on the
station in nearby Warren on Wednesday.
WIVB Broadcasting LLC, licensee of WIVB-TV, Channel 4 in
Buffalo, N.Y., filed a formal retransmission consent complaint with
the Federal Communications Commission against Atlantic Broadband on
Dec. 10 for carrying WIVB transmissions on four systems, including
Bradford, Warren and Salamanca, N.Y., without authority to do so,
the complaint states.
The complaint also states that WIVB Broadcasting LLC is asking
the FCC to “order Atlantic Broadband immediately to cease its
unlawful carriage of WIVB.”
President and General Manager of WIVB-TV Chris Musial explained
the plug had already been pulled on service for Warren customers on
Wednesday. He also expressed desire for the station to come to
agreements with Atlantic Broadband so customers in Bradford and
Salamanca won’t lose services.
“I’ve talked to a lot of people today,” Musial said of customers
calling to express their concerns. “Obviously they’re disappointed
because they count on News 4 and Channel 4 for their
information.”
Problems have arose since Atlantic Broadband purchased systems
from Charter Communications, El Mar Communications and GMP Cable TV
between 2004 and 2006 that include two systems that fall within the
Erie Designated Market Area, Sugar Grove and Warren, the complaint
states.
The systems in the Buffalo DMA are Bradford/Limestone, N.Y., and
Salamanca. The Bradford and Limestone systems combined after they
were purchased by Atlantic Broadband, according to the
complaint.
Letters pertaining to retransmission consent, and included in
the complaint, were mailed to the old owners of the systems in
September of 2005, as WIVB had not been notified of the changes of
ownership.
Atlantic Broadband denied being notified of the retransmission
consent letters sent in 2005 since they were not addressed to
Atlantic Broadband, the complaint states.
Correspondence picked up in September of this year, with WIVB
sending a letter and a short term retransmission consent agreement.
Atlantic Broadband acknowledged that it was carrying the station,
but denied receiving notification of the agreements in question,
according to the complaint.
“(Atlantic Broadband) has repeatedly and emphatically rebuffed
WIVB’s good faith efforts to negotiate a retransmission consent
agreement,” WIVB states in the complaint.
Atlantic Broadband claims the station has no value and refused
to pay for its retransmission in the Erie DMA. Atlantic Broadband
also states that because it had not received letters from WIVB for
the Salamanca and Bradford/Limestone systems, they “are ‘default
must carry’ and therefore ineligible to receive any compensation,”
the complaint states.
Various correspondences are included in the 97-page complaint.
In a Nov. 6, 2007 letter, WIVB states that “This appears to be a
game of ‘hide the ball’ in order to avoid entering into
retransmission consent negotiations for carriage of (WIVB). This is
negotiation in bad faith and a violation of FCC Rules.”
Musial explained that while the station wants to continue to be
broadcast to Atlantic Broadband customers, an agreement needs to be
reached or else the service will be pulled.
Musial said that a time frame for WIVB being pulled from the
remaining Atlantic Broadband customers could not be estimated.
“They have a certain amount of time to respond to the complaint
with the FCC. If it goes full course, the FCC will conduct a
hearing, and that may stretch this out,” he said.
Musial also said that he had been talking with area customers
all day Wednesday, most of whom wanted to know what they could do
to help keep WIVB on Atlantic Broadband.
“I’m disappointed that they didn’t want to engage in any
meaningful conversation,” he said.
This isn’t the first time Atlantic Broadband subscribers have
been threatened with losing a Buffalo station.
Last December, WGRZ-TV Channel 2 contacted the media to advise
its viewers that the station would be pulling out of Atlantic
Broadband due to a retransmission agreement dispute. Service was
never disrupted, as a reprieve was granted while the contract
issues were resolved.
A call to the Atlantic Broadband office in Bradford was not
answered Wednesday night. A message left with David Dane, vice
president of operations for Atlantic Broadband, was not returned
Wednesday night.
Atlantic Broadband subscribers may log on to WIVB’s Web site to
obtain additional information as well as contact information for
both WIVB and Atlantic Broadband.
