(12-17-2012 04:43 PM)adcorbett Wrote: (12-17-2012 02:53 PM)nzmorange Wrote: 2. If you are correct about the structure of YES's contract, then part of YES' value is that they won't charge different rates. They were compensated for that restriction, otherwise they wouldn't have agreed to it.
Not at all. It was a requirement of most of the carriers to ensure they did not sell it cheaper to another provider. Thus if they sell YES cheaper to anyone else, it voids the contract. I really could not decifer the rest because it was hard to tell where my quotes ended and yours began reading it on my iphone. I'll have ot try and reread later.
But the major point is you are trying to argue a point that is not there. Fox using YES or Fox News to leverage signing another network, does not have any effect on its individual value, no matter how many times you try to make it true.
In an arm’s length transaction, when a party gives up rights, then they get something of equal value in return. If you disagree with that, then we have irreconcilable differences. However, I will say that Uncle Sam (via the federal court system and the IRS) agrees with me. I quoted them. And, I will also say that the IRS is pretty good at analyzing transactions and getting their money.
So, correct me where I am wrong:
1. YES gave up a legal right to negotiate different prices with different carriers. (smaller carriers value this because it keeps them on the same terms as their competition. This allows them to slightly "overpay," because they don't need to have quite as much of an RoI, because they are less likely to get undercut by their competition (risk must match reward, so if risk decreases, reward can also decrease – the cable companies have less risk, so they can afford to pay more and have less of a reward, but YES takes on more risk, so it has to get paid more so that it’s “reward” for its owners goes up)
2. choosing what channels are on what tier is worth value. Channels will take a pay cut in carriage rates if they know that they are on basic, and that they are one of the few channels on basic. They will take the pay cut, because they know that they will make it up with higher valumes, and increased advertising money that is the result of 1) more viewers having access to the channel, and 2) less competition. By adding more channels that won’t increase subscribers by more than the previous per channel share, then the advantage to having less competition per subscriber is diluted.
3. Using one channel to improve the terms of another channel's contract is the logical and financial equal to improving the terms of the first channel and keeping the second channel's terms the same, or mildly improving both channels.
4. if the YES + BTN bundle gets the BTN on a better tier than the tier than the BTN would have otherwise occupied, then the cable companies gave up their right to exclude those channels from that tier. (unless otherwise compensated, cable companies lose value here, because adding an undeserving BTN artificially dilutes the advantage of being on a low tier)
5. by combining #1, #3, and #4, YES devalued the clause in #1, because they are shifting risk back to the cable companies. The decrease in value of that clause will then decrease the overall value of the contract by the same amount (provided that the loss in value isn’t offset somewhere else)
If that happened, then value changed hands between (YES + BTN) and the cable companies, and YES and the BTN. Unless cable companies are in a charitable mood, then they will recover their lost value from the (BTN + YES) package via a decrease in carriage charges against what they would have otherwise gotten (it may be in the next round of negotiations, though). And, if the cable companies recover their value from the BTN + YES package, then, unless the non-Fox owners of YES are charitable, the non-FOX owners will recover their lost value from the BTN.
Unless there are gifts or makets that aren't efficient, then everything must balance. You cannot contract market forces in the long run* (which is what I think that you are trying to argue is happening). Eventually the market forces will always prevail. Contracts can only prolong the time between market corrections.
*The Asians tried to do that in ’98, and look what happened.