AT&T/DirecTV Arguments Against Conditions Are Hypocritical, ACA Claims

AT&T and DirecTV are arguing against points they once espoused on guaranteed access to sports programming, the American Cable Association said in an ex parte filing in docket 14-90 posted Wednesday, while an array of network affiliates is pushing for local TV requirements as a condition. The ACA has said AT&T's takeover of DirecTV should come with conditions to ensure rival multichannel video programming distributors (MVPDs) don't get stuck with higher costs for regional sports networks that the two jointly own or would jointly own -- Roots Sports Pittsburgh, Rocky Mountain and Southwest. DirecTV still remains subject to program access conditions, it and AT&T said in a response. But the two "themselves have a long history of raising the same concerns ... about vertically integrated programmers, particularly with respect to access to [regional sports networks] programming," with DirecTV in the past seeking conditions on others similar to what the ACA now seeks on it, the industry association said. Since DirecTV previously pushed for license conditions on deals involving regional sports programming and MVPD distribution, such as in Comcast's takeover of NBC/Universal, the FCC "should take heed of their prior advocacy," the ACA said. The sports programming issue is among what AT&T and DirecTV have called a "laundry list" of conditions proposed by parties such as ACA, Comptel, Cox, Dish, Public Knowledge and TiVo and opposed by the two (see [Ref:1505270049]). Meanwhile, the ABC Television Affiliates Association, the CBS Television Network Affiliates Association, the FBC Television Affiliates Association, and the NBC Television Affiliates collectively are pushing the FCC to require that a merged AT&T/DirecTV adopt local-into-local television service in all 210 local designated market areas. DirecTV currently does not offer any local television stations in 11 small markets around the country, ranging from Presque Isle, Maine, to Victoria, Texas. And forcing it to provide local-into-local service in every market would help offset the even-less interest a larger DirecTV would have in providing local service to every market, the associations said in an ex parte presentation filed Thursday.