Tribune Broadcasting used a statement on Thursday to call Dish’s proposal of binding arbitration to work out the current blackout of channels “nothing more than a hollow offer, designed to mislead consumers and avoid returning to meaningful negotiation.” Tribune is now proposing to let the FCC chairman’s office monitor negotiations between the two companies through daily joint calls.
“Doing so will make abundantly clear to the FCC and the public that it is Tribune Media, not Dish, that is negotiating in good faith to obtain an agreement at current market rates,” Gary Weitman, SVP of corporate relations at Tribune Media, charges.
On Sunday, Tribune’s 42 local channels in 33 markets went dark due to disputes over rate increases and what Dish calls “forced bundling” of WGN America.
“Dish routinely makes these offers of arbitration instead of negotiating, and they are always rejected,” Weitman says. “Arbitration is an expensive substitute for the negotiating process set up by Congress and Dish has a history of walking away from arbitration when the outcome goes against it.”
Weitman states that if Dish is serious about adding the channels back, “the easiest path forward is to accept our repeated offer of an extension to Aug. 31, 2016, on a status quo basis and immediately restore our stations while we continue negotiating.”
Dish put out a statement on Friday, which also referenced restoring the channels immediately, but under the condition of agreeing to arbitration.
“If Tribune is serious in its commitment to accept fair market rates, then there is no downside for them to immediately restore the Tribune channels on Dish while allowing a neutral third-party arbitrator to review Dish’s agreements with other station groups, as well as the rates that Tribune receives from our pay TV competitors and determine the fair market rates that Tribune desires on a basis that is binding upon DISH and Tribune,” Warren Schlichting, Dish EVP of programming, says.
Dish has offered to retroactively pay any new rates back to the date that the channels are restored to consumers, Schlichting reports.
The operator also used the statement to underline that it is continuing distribute free over-the-air antennas to impacted customers to regain access to the Tribune local broadcast stations.
