Where is WEAR?
Mediacom files appeal to retain channel transmission
BY BRADLEY "B.J." DAVIS, JR. Gulf Breeze News bjdavis@gulfbreezenews.com

Mediacom subscribers found last Friday at midnight that Sinclair Broadcast Group's threats to pull WEAR and WFGX were not idle as the two stations were pulled and Starz Kidz and Family as well as Turner Classic Movies were substituted in their place.

Mediacom officials stated Monday that they were still awaiting word whether Sinclair Broadcast Group, Inc., the company who broadcasts WEAR and WFGX, will enter into binding arbitration with Mediacom to settle a matter of retransmission.

"Having heard nothing from Sinclair, we reached out again at 1:30 p.m. [Saturday] with another request to enter into binding arbitration and a new proposal," stated John Pascarelli, Mediacom Executive Vice President of Operations. "Sinclair rejected our latest offer, and again informed us they were unprepared to enter into arbitration and did not expect to make a decision until after the weekend." According to Mediacom officials, the "waiting game" is more than just a game.

"Our purpose is to keep the pressure on," said Mediacom VP of Legal Affairs Thomas Larsen. "We're hopeful the press and the public realize this is an important issue affecting not just Gulf Breeze. It's going to affect cable companies all across the United States." Larsen explained that a number of cable companies nationwide are up against the conglomerate Sinclair for retransmission rights.

"We're just one party in a battle of many," said Larsen.

Larsen explained that Medicacom offered binding arbitration back in November when the Federal Communications Commission Media Bureau reviewed the case between the two entities. On Jan. 4, the FCC ruled Sinclair Broadcast Group, Inc. did not negotiate in bad faith during retransmission consent discussions between Sinclair and Mediacom and considers the issue between Mediacom and Sinclair to be "a fundamental disagreement between the parties over the appropriate valuation of Sinclair's signals."

According to Mediacom Director of Governmental Affairs Barbara Bonowicz, Mediacom made numerous market-driven offers over the course many months. On Sept. 28, 2006, Sinclair stopped negotiations and sent a written notice prohibiting Mediacom from carrying any of Sinclair's stations beyond Nov. 30, which was extended until midnight Jan. 5, which is when the signals were finally halted. According to Larsen, Mediacom filed an appeal to the FCC commissioners last Monday. And while Mediacom is working on an appeal, Sinclair is content with the ruling.

"We are extremely pleased that the FCC ruled so completely in our favor in this matter," said Barry Faber, Sinclair's VP and General Counsel in a statement. "In its order, the FCC agreed with virtually every argument advanced by Sinclair, disagreed with virtually every claim made by Mediacom, and this decision represents a resounding victory not just for Sinclair, but for all broadcasters in their efforts to be fairly compensated by cable companies."

Bonowicz said Medicacom isn't giving up and customer base is supportive. "The general reaction of our customers was 'thumbs up' our continued standing of our ground. We want a fairest resolution to our customers and to us," said Bonowicz.

Mediacom is currently offering antennae free of charge to customers in order to pick up the lost stations. For more information, visit www.befairsinclair.com.