Showing posts with label Nickelodeon Disputes. Show all posts
Showing posts with label Nickelodeon Disputes. Show all posts

Wednesday, October 16, 2024

Altafiber Drops Nickelodeon, MTV, BET, Comedy Central and More Paramount Channels In Cincinnati

Dispute with Paramount Global removes channels from lineup

Altafiber 'Missing Channel' Screen
WCPO

Cincinnati-area Altafiber customers are finding blank channels on their TV screen this week, most notably Nickelodeon and Comedy Central, which are very popular with children and young adults.

It is all the result of the latest dispute over over carrying fees, as programmers ask for more and more money from cable companies.

But this time, it's not DirecTV or Dish customers caught in the middle of the dispute.

It is local viewers who use Cincinnati-based Altafiber, formerly known as Cincinnati Bell, for their TV package, who are now missing more than a dozen TV channels.

Whenever a Altafiber customer tunes into a Paramount-owned channel, such as Nickelodeon, MTV, VH-1, BET, and Comedy Central, they are now greeted with a message that the channel is longer available in the line-up, along with a QR code that they can check for more information.

Altafiber has sent an email to customers, and has posted an explanation on its website, saying: "Paramount Global was demanding rates that do not reflect the value their content delivers to you, the customer. Paramount has been shifting the majority of its new shows to the Paramount + app. At the same time, Paramount is increasing prices for cable customers. We believe this is unfair."

Paramount Global channels impacted by this dispute include: BET, MTV, Nick Jr., BET Soul, MTV Classic, Nicktoons, CMT, MTV Live, Paramount Network, CMT Music, MTV 2, TV Land, Comedy Central, Nickelodeon, TeenNick, LOGO, Nick Music, and VH1.

So what can customers do?

If you rely on some of these channels, the simplest thing is to subscribe to Paramount Plus. or a service that still includes Paramount channels

Services like Pluto, YouTube TV, Hulu, and Sling offer Paramount and most other cable channels for costs ranging from $30 a moth (Philo) to as much as $80 a month.

If you decide to go with this option, you can then drop Atafiber's cable package, and just use their home internet.

A cheaper option is to simply subscribe to Paramount Plus as an add-on to your Altafiber package , which costs $8 a month for the basic plan.

Some customers claim that after they called, the company offered them a one-time $15 credit on their bill.

When reached out to for comment, a spokesman told WCPO 9 Cincinnati that at this time "there are no plans to bring these channels back."

Stream a Mountain of Entertainment, including your Nickelodeon favorites on Paramount+! Try it FREE at ParamountPlus.com!


Originally published: October 16, 2024.

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Sunday, May 28, 2023

Carriage Dispute to See Canada's Eastlink Drop 34 Corus Entertainment Channels, Inc. Nickelodeon, YTV and Treehouse

Canada - Eastlink cable subscribers soon won’t be able to watch Nickelodeon Canada, YTV, and Treehouse, among 34 other channels on the service, as the telecom provider says it’s been unable to reach a carriage agreement with Corus Entertainment.

Image Credit: Alamy

“We worked very hard to reach an agreement with Corus that would not impact the availability of these channels. Unfortunately, we were unable to reach such an agreement, which means we have to remove these channels from our lineup as of June 27,” Jill Laing, Eastlink’s Director of Public Affairs, told Broadcast Dialogue.

Eastlink began sending notices to its cable subscribers this week alerting them to the removal of the channels from their offerings. In addition to the aforementioned Nickelodeon Canada, YTV, and Treehouse, Corus-distributed specialty channels like Food Network, History, Slice, National Geographic, CMT, OWN, Disney Channel, Disney XD, Disney Junior, Cartoon Network, Movie Time, BC1, Global on Demand, DejaView, DTOUR, Magnolia Network, Crime Investigation, Lifetime, History 2, National Geographic Wild, ABC Spark, Cooking Channel, Adult Swim, Boomerang, Series Plus, Historia, Disney La Chaine,Teletoon French, HGTV Canada, W Network and Showcase are also slated to disappear.

“We recognize that this is disappointing for some customers and will impact customers in different ways, depending on their viewing preferences and packages. We are working closely with our customers and making every effort to ensure their individual needs are supported in a way that is meaningful to them,” said Laing.

She said customers will continue to receive the same number of channels with comparable programming. Super Channel Heart and Home, for example, will be added to packages in place of W Network, along with channels like Cottage Life, Discovery Channel, Smithsonian, FX, and Family. The company says customers will have the flexibility to customize their channel lineup with TV Channel Exchange, offering access to new TV package options.

Privately held by the Bragg family, Nova Scotia-headquartered Eastlink currently operates in seven provinces, including Newfoundland, Prince Edward Island, Nova Scotia, New Brunswick, Ontario, Alberta and British Columbia. It’s estimated the company serves more than 250,000 cable subscribers.

Corus told Broadcast Dialogue, the company is still open to future negotiations.

“Our door is always open to future negotiations and we would like to thank Eastlink for its partnership over the years,” the company said in an emailed statement. “Corus’ channels are still available to subscribers through alternative distribution channels in these markets including STACKTV and other distributors Bell, Telus, Shaw Direct and VMedia, depending on location and province.”

Global live TV streaming service FuboTV was quick to announce a new entertainment-focused subscription package for Canadian customers, in which Corus Entertainment networks from the STACKTV platform (which is also available via Amazon Prime Video) feature prominently.

A selection of Nickelodeon content is available to stream on Paramount+.

Stream a Mountain of Entertainment, including your Nickelodeon favorites on Paramount+! Try it FREE at ParamountPlus.com!


Originally published: May 28, 2023.

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Tuesday, April 14, 2020

Sling TV May Drop ViacomCBS Channels in Fresh Dispute with DISH

It appears that ViacomCBS-owned channels like Nickelodeon, BET, Comedy Central, MTV, Paramount Network, and VH1 are at risk of being dropped from Sling TV, the over-the-top (OTT) internet television (IPTV) service from Dish.


Nick Jr., BET, and Comedy Central are currently part of Sling’s Blue Plan ($30 a month), while the rest are a part of various add-ons to the Sling service. Viacom (now ViacomCBS) and Dish signed a multi-year deal in April 2016, which would appear to expire in the next week.

In preparation for a potential blackout, Sling has prepared an announcement page (that has since been removed) that says they are “fighting on your behalf to get these channels back.”


On Dish Network’s online channel guide, they had added a channel to their line-up that says “Viacom is threatening to remove your access to their channels. Visit DISHPromise.com for more information,” which has yet to be updated.


ViacomCBS' KeepViacom.com, which is utilized by the media company to warn viewers that their TV provider may be about to drop their favorite channels, has yet to be updated.

Before ViacomCBS' agreement with Dish was finalized in April 2016, ViacomCBS used KeepViacom.com on-screen lower-third graphics to warn viewers of the then-potential blackout.

The Streamable has reached out to Dish Network and ViacomCBS for official confirmation, but neither have responded for comment.

The two sides may very well come to a deal ahead of the end of the contract’s expiration, but it’s clear that it will come down to the wire. Last year, ViacomCBS had a carriage dispute with AT&T, over their carriage on DirecTV and DIRECTV NOW (now called AT&T TV NOW).

ViacomCBS channels are currently available to stream most widely on Philo ($20), as well as fuboTV ($55) and AT&T TV NOW ($55).

More Nick: Netflix and Nickelodeon Form Multi-Year Output Deal to Produce Original Animated Films and Series!

Additional source: Wikipedia.
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Thursday, September 26, 2019

Spin Master Defeats Claims Against Rusty Rivets Series

Spin Master Defeats Claims Against Rusty Rivets Series


TORONTO, Sept. 26, 2019 - Spin Master Corp. (TSX:TOY; www.spinmaster.com), a leading children's entertainment company announced today that it has prevailed in a lawsuit alleging that its preschool animated series, Rusty Rivets, infringed the copyrights of the alleged owner of a 20 year old comic book. The series, now in its third season, was independently created and developed by Spin Master and airs on Viacom's Nick Jr. channel.

The District Court for the Central District of California ruled in favor of Spin Master and Viacom in a summary judgment order issued September 17, finding that there was insufficient evidence to proceed to trial on the plaintiff's claim that the series took elements from his 1990's comic books. Spin Master successfully proved that it created the show independently of the plaintiff's comic books. As the court explained: "Plaintiff's evidence of access falls short of supporting even a 'bare possibility,' let alone a 'reasonable possibility' that Defendants had access to his comic[s]."

"Spin Master invests in developing award-winning, creative and innovative entertainment properties and toys for global audiences," said Ben Gadbois, Global President. "We are pleased with the court's ruling, demonstrating that these allegations were false and unfounded. Spin Master is committed to protecting its intellectual property and will continue to defend our rights where necessary."

The court also recognized that the two works were not at all similar in protectable expression: "the alleged similarities, whether assessed individually or collectively, are not substantially or strikingly similar." The decision also dismissed claims against Viacom and its subsidiary Nickelodeon for contributory and vicarious copyright infringement.

About Spin Master
Spin Master (TSX:TOY; www.spinmaster.com) is a leading global children's entertainment company that creates, designs, manufactures, licenses and markets a diversified portfolio of innovative toys, games, products and entertainment properties. Spin Master is best known for award-winning brands including Zoomer®, Bakugan®, Erector® by Meccano®, Hatchimals®, Air Hogs® and PAW Patrol®. Since 2000, Spin Master has received 103 TIA Toy of The Year (TOTY) nominations with 30 wins across a variety of product categories, including 13 TOTY nominations for Innovative Toy of the Year. To date, Spin Master has produced nine television series, including the relaunched Bakugan: Battle Planet and current hit PAW Patrol, which is broadcast in over 160 countries and territories globally. Spin Master employs over 1,800 people in countries around the world including Canada, United States, Mexico, France, Italy, United Kingdom, Russia, Slovakia, Poland, Germany, Sweden, the Netherlands, China, Hong Kong, Japan, Vietnam and Australia.

Watch Rusty Rivets on Nick Jr. Visit nickjr.com and the Nick Jr. app for more Rusty Rivets.

More Nick: Nickelodeon Embarks on New Direction with its Biggest, Most Wide-Ranging Content Slate Ever | Nick Upfront 2019!
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Saturday, August 31, 2019

Nickelodeon, MTV and Comedy Central Could Be Pulled Virgin Media in the UK as Carriage Deadline Looms

Nickelodeon, MTV and Comedy Central could be pulled from British pay-TV service Virgin Media as the deadline for carriage negotiations between Viacom and the Liberty Global-owned platform approaches.


Update (31/8) - Viacom has been displaying on-screen messages to Virgin Media UK customers on numerous channels, directing viewers to a website - keepmyviacom.co.uk - to find out more information and to register their protest using hashtags on social media. According to messages being sent to customers, the channels were due to be axed at midnight on 31st August 2019 if a deal couldn't be reached.


The channels, as well as a number of Channel 5 spin-offs including 5Star, as well as Nicktoons, Nick Jr., VH1 and Paramount, could go black on the service as soon as this weekend if the two companies do not reach an agreement. “We are in ongoing negotiations with Virgin Media,” a Viacom spokesman told Deadline.

The move could lead to the loss of shows such as SpongeBob SquarePants, Impractical Jokers, Peppa Pig, PAW Patrol, The Loud House, Friends and Peppa Pig but Viacom’s free-to-air network Channel 5 is not affected.

It is the latest carriage concern for Viacom internationally; the company struck a last minute carriage deal with AT&T in the U.S, which avoided the blackout of channels including MTV, Comedy Central, Nickelodeon and the Paramount Network will on AT&T’s DirecTV, Watch TV and U-Verse services.

Carriage is becoming an increasingly fraught issue both in the U.S. and in the UK in the last twelve months. CBS had a carriage dispute with AT&T which saw stations in New York City, Los Angeles and across the nation go dark on DirecTV, DirecTV Now and U-verse cable systems for a couple of weeks before a deal was signed.

In the UK, Virgin Media subscribers were left without UKTV channels including Taskmaster network Dave and Flack broadcaster W after the two companies warred for weeks. Discovery and Sky also had a public carriage row in 2017 that saw the factual broadcaster call out the pay-TV broadcaster, then backed by the Murdochs, for “refusing to pay a fair price”.

There was a similar dispute in the UK nearly 15 years ago, when Telewest Broadband's cable service dropped Nickelodeon channels on December 17th, 2004. They were re-added to the service on February 12th 2005. Telewest later merged with NTL, which later renamed itself to Virgin Media. Leading up to the blackout, Nickelodeon's channels in the UK aired promos advising viewers to ring up Telewest and ask them to keep Nickelodeon, Nicktoons and Nick Jr.



A Virgin Media spokesman told Deadline, “All of these channels remain on Virgin TV and we continue to have positive and constructive discussions with Viacom.”

Which channels would be affected by a dispute with Viacom?

5 USA
5 Star
5 Spike
5 Select
Nick
Nick Jr.
Nick Jr. Too
Nicktoons
Comedy Central
Comedy Central Extra
MTV
MTV Music
MTV Rocks
MTV Base
MTV Hits
Club MTV
MTV OMG!
VH-1
Paramount
BET

More Nick: Nicktoons UK to Premiere New Episodes of 'SpongeBob SquarePants' from Monday 2nd September 2019!

Originally published: Friday, August 30, 2019 at 19:06 BST.

Update H/T: Special thanks to RegularCapital for the update!
Follow NickALive! on Twitter, Tumblr, Reddit, via RSS, on Instagram, and/or Facebook for the latest Nickelodeon UK News and Highlights!

Wednesday, August 21, 2019

'Double Dare' Trademark Dispute Gets Messy as Viacom Sues for Name Rights

Originally published: Monday, July 09, 2018.

A heated competition's brewing over Nickelodeon's iconic game show Double Dare, but Viacom -- which owns the popular game show -- isn't playing around ... and filed a lawsuit to prove it.


Update (8/21/19): A New York federal judge is refusing to let Viacom pursue preemptive litigation against a man who claims to now own the trademark rights to the classic Nickelodeon game show “Double Dare,” saying the case is “plainly premature.” The media giant filed the case against Charles Armstrong last year after he threatened trademark litigation over a planned reboot of "Double Dare," but Judge Naomi Reice Buchwald ruled Monday that the dispute was “too speculative and too remote” to be decided in court. The problem? It’s unclear if Armstrong has any actual trademark rights to enforce, the judge said — or if he’ll ever get them.

According to new legal documents obtained by TMZ, a man named Charles Armstrong -- President and CEO of Armstrong Interactive -- filed trademark paperwork in January for Double Dare, months before Nickelodeon aired the reboot of the show on June 25.

Viacom admits in the docs it let its trademarks for Double Dare expire in 2001 and 2002, but claims it has continuously used the name since the show's debut in 1986 for TV programming, live events and merchandise, therefore, it never lost the rights to the name.

The company also claims Armstrong has a slimy history of squatting on classic kids' TV titles in an "illegal scheme" to "exploit the goodwill of other popular shows" ... including Wonderama, Kids Are People Too and Romper Room.

Regardless, Armstrong allegedly fired off a cease and desist letter to Viacom in May, warning the media company that if it went ahead with its relaunch of Double Dare, it would be doing so "at its own risk" of legal action.

Viacom risked it and, along with airing the reboot, is now suing Armstrong to get a judge to declare that Double Dare belongs -- and always has -- to Nickelodeon.

TMZ has reached out to Armstrong for comment, however, he has yet to respond.

Double Dare is back, bigger and slimier than ever before! Fans can catch brand-new episodes of Double Dare, weekdays at 8:00pm ET/PT, only on Nickelodeon USA!

Hosted by digital creator and actress Liza Koshy, Nickelodeon's Double Dare revival sees a new generation of fans compete in the messiest and most physically challenging competition of their lives. Bringing together new fans and the iconic game show’s millennial audience from the ‘90s, original series host Marc Summers returns to give color commentary on the challenges, lending his vast knowledge of the game and expertise to each episode.

Series guests include Kenan Thompson, Kel Mitchell, Lori Beth Denberg, Jamie Lynn Spears, Josh Server, Rico Rodriguez, Chloe Kim and Lindsey Vonn.

Nickelodeon’s new Double Dare will also spill off of the screen and into the real world this summer, connecting to fans both old and new in a series of forthcoming location-based live experiences. There will be opportunities for fans to play Double Dare in a on-the-ground version all summer long at Nickelodeon Universe at Mall of America in Minneapolis.

More Nick: 'Double Dare Live' Announces Fall/Winter 2019 Tour Dates!
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Monday, April 15, 2019

Viacom & AT&T Announce Renewed Contract; Latest Update: DIRECTV NOW to Remove Nick Jr. from Live a Little Package

Update (4/15) - It looks like the saga continues. Days after adding Nickelodeon and Nick Jr., DIRECTV NOW today started to email subscribers to notify them of some changes to their plans. According to an email sent to Cord Cutters News from their readers, as of May 14th, 2019 Nick Jr. will be removed from DIRECTV NOW’s Live a Little package.


Here is the email DIRECTV NOW sent grandfathered Live a Little subscribers:

"We’re making a few changes to your lineup that we think will give you more of what you want to stream, and less of what you don’t.

We’ve added two new channels to your lineup at no extra charge On Boomerang, you’ll find classic cartoons like Scooby-Doo, Tom & Jerry and more of your old school favorites. REVOLT, founded by Sean “Diddy” Combs, is living- and leading – Hip Hop culture through live performances, breaking new artists, original programming, live events and more.

Your Live a Little package will no longer include Nick Jr. as of 5/14/2019, but as a current customer, you have the option of keeping it To hang on to Nick Jr., chat here.

Sincerely,
Your DIRECTV NOW Team"

According to Cord Cutters News, if you want to keep Nick Jr. all you have to do is ask. Apparently they will email you a conformation.

Previous updates:

Thursday, August 23, 2018

Nickelodeon Says it is Keen to Work with Kiwi Slime Princess

Global entertainment giant Nickelodeon has said it is keen to work together with 12-year-old Kiwi entrepreneur Katharina Weischede, who they are currently embroiled in a trademark battle.


Katharina, who calls herself a Slime Princess as she likes making slime and dressing as a princess, turned her slime-making passion into a home-based business two years ago.

Katharina, a Year 7 student from Henderson in West Auckland, first began making slime as part of a school science fair. What started off as a hobby had by late 2017 become a home-based business called "Slime Princess". Now known by her friends, family and even strangers as the "Slime Princess", she eventually decided to trademark her business's name.

But Nickelodeon's New York-based parent company, Viacom, filed an opposition to her Slime Princess trademark, claiming it was in violation of its trademarks of "Slime" and "Nickelodeon Slime". Viacom has held the "Slime" trademark in NZ since 2009 and "Nickelodeon Slime" since last year.

Today, the entertainment company said it wanted to see how they could work together.

"We at Nickelodeon are thrilled that so many young fans love slime as much as we do and find creative ways to express themselves with it," a Nickelodeon spokesman told the NZ Herald.

"As such, the Nickelodeon Australia and New Zealand team recently connected with Katharina and family to discuss an opportunity to work together."

The number-one brand for kids is known for dumping litres of a goopy green substance known as slime on celebrities and kids during awards shows, promotions and events.

It says the Slime Princess brand "would be likely to deceive or cause confusion" and "would be contrary" to the Fair Trading Act and the Trade Marks Act.

Maricel Weischede, Katharina's mother, said they had a 15-minute telephone conversation with Nickelodeon about two months ago, and that they were open to discussing ways to work with Nickelodeon.

"We are open to discuss the possible collaboration with them, but we need to see a written proposal ... we hope it would be a genuine offer that they would give to the Slime Princess," she said.

Although Nickelodeon has not commented on whether it will proceed with legal action, when Katharina received the brand's trademark objection letter, the Aucklander launched a crowdfunding page to raise money for any legal fees she may incur.

However, Katharina is hopeful for a happy ending to the story:

"As my daughter said, perhaps (the giant) would turn into a Prince Charming who would invite her to his castle so she could prosper more."

Originally published: Thursday, August 23, 2018.

Additional sources: Newshub, NewstalkZB, Stuff.co.nz.
Follow NickALive! on Twitter, Tumblr, Google+, via RSS, on Instagram, and/or Facebook for the latest Nickelodeon Australia and New Zealand and JoJo Siwa News and Highlights!

Wednesday, December 20, 2017

Viacom Didn't Infringe 'Bubble Guppies' Trademark, Sixth Circuit Rules

The Sixth Circuit upheld a decision releasing Viacom International Inc. from allegations that promotional merchandise for its Bubble Guppies animated series on Nickelodeon infringed trademarks owned by a children’s clothing company, saying the owners failed to show that consumers knew about their brand to begin with — let alone confused it with Viacom’s brand!


It was the “battle of the guppies” between Viacom International Inc. and a couple. Viacom has emerged the winner in this fish fight, an appellate court ruled.

Debbie and Dean Rohn had filed a suit against New York-based Viacom for trademark infringement in connection with Viacom’s trademarked television characters, the Bubble Guppies, the 6th U.S. Circuit Court of Appeals ruled Tuesday 19th December 2017 in Cincinnati in Debbie Rohn, Dean Rohn v. Viacom International Inc., et al.

The couple own two trademarks, one for the word GUPPIE, an acronym for “Growing Up Playing Pursuing Individual Excellence,” and a second for a logo, the word GUPPIE, in which a fish in a necktie forms the letter G. The trademarks give the Rohns exclusive right to put the word and logo on items including hats and shirts.

They started in 1990 and have since sold, at most, $12,000 in “Guppie Kid” apparel, but most of these sales came in the first 15 years, and the Rohns have sold only about $2,000 of their apparel since 2005, said the ruling.

Viacom premiered it's Bubble Guppies show on its Nickelodeon television network in 2011, said the ruling. The show, aimed towards a preschool audience, features a group of merperson preschoolers learning how to count and read.

In its logo, the end of the letter G is draped like a fish tail. Viacom has licensed the characters and logo to large retailers that make and sell Bubble Guppies apparel.

The Rohns sued Viacom and various retailers for trademark infringement, alleging potential customers were likely to confuse Guppie Kid and Bubble Guppies apparel.

The U.S. District Court in Grand Rapids, Michigan, granted Viacom’s motion for summary judgment and entered judgment for all defendants.

A three-judge appeals court panel upheld the ruling. The panel held the couple’s claims were, well, somewhat fishy. To show infringement, “the Rohns must show confusion,” said the ruling.

But $10,000 of the $12,000 in clothing sold was in western Michigan before 2005. “Even before Bubble Guppies arrived, then, Guppie Kid sights were few” and were “already becoming fewer” because a number of the stores that carried the line apparently had closed “long ago,” the ruling said.

“That would explain why the Rohns offer no evidence that any consumer has actually confused the two brands, which is the best evidence that consumers are likely to confuse them,” said the panel, in affirming the lower court’s ruling.

More Nick: VStar Entertainment Group, Nickelodeon and Koba Productions Announce 'Bubble Guppies Live! Ready to Rock' U.S. Tour Debuting Spring 2018, Tickets on Sale Now!

Original sources: Business Insurance, Law360; Additional source: Wikipedia.
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Tuesday, December 19, 2017

Libby, MT: MontanaSky To Drop Viacom Channels On Wednesday 20th December 2017

Citing a price increase in Viacom’s contract renewal, MontanaSky, a cable & satellite company in Libby, Montana has unfortunately announced that they will stop carrying Viacom programming effective Wednesday, Dec. 20, 2017.


“Viacom’s contract renewal demands would have forced MontanaSky to double our current pay television rates over the course of the next five years, a move we found to be unacceptable,” a news release states.

MontanaSky said it plans to add "new and updated" channels "without a rate increase" in 2018, according to the news release. These will include “direct feeds from local networks, FOX Business, GRIT TV, The Cowboy Channel, Universal Kids, Sportsman, Comedy.tv, GAC, Revolt, INSP, IFC, REELZ, Cooking.tv, ION, Boomerang, Outside.tv, Pets TV, Hallmark Drama, Cars TV and the Olympic Channel.”

The channels that will no longer be available include Nickelodeon, Nicktoons, TeenNick, Nick Jr., BET, MTV, MTV Hits, MTV2, VH1, VH1 Classic Soul, TV Land, Spike TV (to be rebranded as Paramount Network), Comedy Central, CMT and CMT Pure Country.

“Most of those networks are still available through online services such as Hulu, Amazon, iTunes and Netflix, which are all accessible through a MontanaSky internet connection,” the news release states. “Most of Viacom’s programming may also be accessed directly from the individual television channel websites.”

Anyone with any questions or comments regarding these changes should feel free to contact their local MontanaSky office, or call MontanaSky at 406-293-4335.



Original source: The Western News.
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Wednesday, October 18, 2017

Viacom And Charter Reach Tentative Deal On New Carriage Agreement

Viacom Inc. and Charter Communications have reached an agreement in principle on a new carriage contract, a deal that will keep Viacom’s networks on Charter’s Spectrum service without disruption. The two companies confirmed the news in a joint statement: “Viacom and Charter have reached an agreement in principle. Spectrum subscribers will continue to have access to Viacom’s networks, without disruption, while we finalize terms.”​


The companies on Sunday night agreed to a “short-term” extension of their carriage negotiations after the expiration of the current deal. Leading up to the deals expiration date, Charter customers were warned of a potential blackout or lockout of Viacom's channels, however, due to the extension, Spectrum’s 16.6 million customers were able to keep watching Nickelodeon, MTV, Comedy Central and other Viacom networks as the talks continued.

No terms of the agreement have been disclosed, but it's likely to be viewed as at least a partial victory for Viacom CEO Bob Bakish, who has been engineering a turnaround at the conglomerate since he took over last year.

The impasse follows a recent dispute between Disney and Altice, which acquired Cablevision and now operates the Optimum cable service. Those parties had clashed primarily over sports rights, whereas the issue with Charter and Viacom is the decision last spring by Charter to remove bedrock Viacom channels like MTV, Nickelodeon and Comedy Central from basic service on Spectrum and put them on a higher-priced tier. Along with that move, it rolled out a skinny bundle that features no sports -and no Viacom. Bob Bakish, who became Viacom CEO in 2016, has publicly admonished Charter for the moves, which comes as he sets a new overall strategic course for the company.

Charter acquired Time Warner Cable and Bright House Networks last year to become the second biggest cable operator in the United States, giving its Spectrum-branded service roughly 26 million subscribers in about 41 states.

Both sides are under pressure from cord-cutting, or dropping of pay television, as audiences flock to cheaper streaming services that have emerged in the past decade.

Sources: Variety, The Hollywood Reporter, Deadline; H/T: Seeking Alpha, @PinkiePie97, @dzonershow.


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Monday, October 16, 2017

Viacom And Charter Agree To Short-Term Extension Of Carriage Negotiations

Viacom Inc. and Charter Communications have agreed to a “short-term” extension of their carriage negotiations while the two sides continue to negotiate terms of renewal to a deal that will enable some 16.6 million customers to keep watching Viacom’s cable networks, including Nickelodeon, Nick Jr., Nicktoons, MTV, and Comedy Central.


The existing long-term deal was due to expire Sunday, October 15, and had spurred a dispute between Viacom and Charter.

As early as last Wednesday (October 11), Viacom had warned that it was unable to reach a deal with Charter. The media company began running ads on Nickelodeon, MTV, Comedy Central and BET, featuring talent for each network warning viewers of the possible disruption in service and urging them to call Spectrum, and crawls at the bottom of the screen on some networks, urging viewers to pressure Charter to keep Viacom. It also launched a website, called keepviacom.com, and enlisted celebrities like Trevor Noah, host of The Daily Show on its Comedy Central, to tweet about the situation.

Meanwhile, Charter launched a microsite, suggesting that Viacom is overpaid. The site reportedly said that Viacom’s “business is suffering and they are trying to boost their bottom line at the expense of you, our customer,” and that the company “has been overpaid for their channels over the recent year.” A Charter spokesperson could not be reached for immediate comment.


Following reports that the two sides continued talks Sunday night beyond the 7 pm deadline, a spokesman from Viacom issued a short statement explaining “Viacom has agreed to a short term extension of our renewal deadline with Charter while we work to reach a mutually beneficial deal.” The extension has succeeded in avoiding an immediate blackout of Viacom networks for Charter subscribers.

Without a deal, both sides stand to lose. Charter’s 16.6 million subscribers would lose access to Viacom’s networks, including Nickelodeon, Comedy Central, and MTV. Meanwhile, Viacom could lose $760 million or 16% of its annual affiliate revenue, reports Reuters.

The impasse follows a recent dispute between Disney and Altice, which acquired Cablevision and now operates the Optimum cable service. Those parties had clashed primarily over sports rights, whereas the issue with Charter and Viacom is the decision last spring by Charter to remove bedrock Viacom channels like MTV, Nickelodeon and Comedy Central from basic service on Spectrum and put them on a higher-priced tier. Along with that move, it rolled out a skinny bundle that features no sports -and no Viacom. Bob Bakish, who became Viacom CEO in 2016, has publicly admonished Charter for the moves, which comes as he sets a new overall strategic course for the company.

Charter acquired Time Warner Cable in 2016 to become the No. 2 U.S. cable operator.

Both sides are under pressure from cord-cutting, or dropping of pay television, as audiences flock to cheaper streaming services that have emerged in the past decade.

The stalemate in negotiations stem from Charter's decision last spring to remove bedrock Viacom channels like Nickelodeon, MTV and Comedy Central from basic service on Spectrum and put them on a higher-priced tier. Along with that move, it rolled out a skinny bundle that features no sports -and no Viacom. Bob Bakish, who became Viacom CEO in 2016, has publicly admonished Charter for the moves, which comes as he sets a new overall strategic course for the company.

Sources: Variety, Fortune, Deadline, Reuters, Multichannel, C21Media.
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Friday, October 13, 2017

Viacom Inc. Issues Statement Regarding Renewal Negotiations With Charter Communications

Update:

Please visit KeepViacom.com for full information.



NEW YORK -- Viacom (NASDAQ: VIA, VIAB) has issued the following statement regarding the status of renewal negotiations with Charter Communications:


“Viacom has made a series of very attractive offers to Charter that are consistent with terms we’ve recently reached with other large cable operators. Importantly, these offers would enable Charter to lower Spectrum subscribers’ bills, while also giving them more access to shows across Nickelodeon, BET, MTV, Comedy Central and other Viacom networks.

"Viacom is committed to developing strong, mutually beneficial relationships with our distribution partners. Despite our efforts, Charter continues to insist on unreasonable and extreme terms that are totally inconsistent with the market. While we’re making every effort to reach a new deal, Charter's actions may force a disruption in their service.”

The current deal between Viacom and Charter is due to expire on Sunday 15th October 2017, reports Reuters. A blackout would hit 16.5 million subscribers.

Earlier this year, Charter moved Viacom’s flagship networks to its most expensive programming tier, a move that threatened the media company’s affiliate and advertising revenue.

In addition to Nickelodeon, BET, MTV and Comedy Central, other Viacom networks Charter customers are set to lose include TV Land, Spike, Logo, CMT and VH1.

Viacom is planning to run a “crawl” on its networks on Charter telling viewers the TV outlets may be disrupted if the tone of its current talks does not change, a person familiar with the matter told Variety. Ads talking about the negotiations are also possible, this person said. Charter reaches approximately 16.5 million subscribers. The company broadened its national footprint in May of 2016 by buying Time Warner Cable for approximately $65 billion.

Viacom, for its part, finds some of Charter’s current demands onerous, a person familiar with the talks told Variety. Charter, this person said, wants to keep Viacom from taking part in so-called “skinny bundle” packages that would make a narrower selection of TV networks available to consumers looking to pay less for linear content.

About Viacom

Viacom is home to premier global media brands that create compelling television programs, motion pictures, short-form content, apps, games, consumer products, social media experiences, and other entertainment content for audiences in more than 180 countries. Viacom's media networks, including Nickelodeon, Comedy Central, MTV, VH1, Spike, BET, CMT, TV Land, Nick at Nite, Nick Jr., Logo, Nicktoons, TeenNick, Channel 5 (UK), Telefe (Argentina) and Paramount Channel, reach over 3.9 billion cumulative television subscribers worldwide. Paramount Pictures is a major global producer and distributor of filmed entertainment. Paramount Television develops, finances and produces programming for television and other platforms.

For more information about Viacom and its businesses, visit www.viacom.com. Keep up with Viacom news by following Viacom's blog at blog.viacom.com and Twitter feed at www.twitter.com/viacom.

Additional sources: Syracuse.com, Seeking Alpha, Broadcasting & Cable, ToonZone Forums /@PinkiePie97, AL.com.
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Wednesday, August 23, 2017

Viacom Channels Return To Suddenlink Customers In Texas And Oklahoma; NickMusic Removed From Optimum

As it continues portfolio tightening and fence mending under new Chief Executive Officer (CEO) Bob Bakish, Viacom has removed NickMusic and BET Soul from Optimum and shuffled other networks on the cable service.


The two music channels were pulled altogether and Nick Jr. and MTV2 switched tiers, as first reported by Cablefax. Viacom rebranded MTV Hits last fall as the kid-focused NickMusic and rebooted VH1 Soul as BET Soul at the end of 2015.

Optimum had offered NickMusic in its residential Preferred, Silver and Gold packages as well as in the commercial Business & Entertainment Preferred tier. Optimum is also removing MTV2 from its Optimum Value package and replacing it with Nick Jr. MTV2 will continue to be carried in Preferred, Silver and Gold packages.

Bakish has implicitly acknowledged the pressure on cable programmers to streamline their offerings in a world of mushrooming content and OTT options for consumers. He implemented a new focus on six networks under the Viacom tent: Nickelodeon, Nick Jr, BET, MTV, Comedy Central and the Paramount Network, which will soon replace Spike. That re-focusing of production spending and marketing resources comes as rivals also retool. Discovery paid a premium to acquire Scripps Networks; A+E is exiting scripted programming and Disney set ambitious OTT plans as it starts a withdrawal from Netflix.

While it shuffles the deck at Optimum, Viacom is set to return to the lineup at Suddenlink, which is now owned by Altice, under a new distribution deal announced in May. Roll-out started today in parts of Texas and Oklahoma, and will continue steadily nationwide.

The May deal between Altice and Viacom included provisions for upcoming VR and 4K content as well as advanced advertising. More than 90% of Suddenlink’s footprint will feature up to 16 Viacom channels.

Original source: FierceCable (I,II).
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Monday, December 19, 2016

Russia: MGTS To Drop Viacom Channels, Including Nickelodeon

The Moscow-based fixed operator MGTS is reportedly planning to stop offering numerous foreign channels in its residential pay-TV offer from Tuesday 27th December 2016. The list of international channels that MGTS will drop from its line-up will include many Viacom channels, including Nickelodeon Russia (Россия; SD- and HD-version), Nick Jr., MTV Dance, MTV Hits, MTV Live HD, MTV Rocks, VH1 European and VH1 Classic.


Instead, the operator plans to offer subscribers TV channels such as Bridge TV, Bridge TV Dance, Bridge TV Classic and the Russian channel Muz.TV.

The news follows a Russian law introduced in January 2016 that limits foreign ownership of media, ordering media companies, including Viacom, to have no more than 20 percent foreign ownership. The legislation was allegedly needed to prevent "foreign meddling" and its patriotic undertones forced international media groups to relinquish Russian assets or leave the once-booming market altogether. To prepare for the new law, Viacom International Media Networks (VIMN) Russia entered into a partnership with Legacy Media so that the business complies with the amended Russian Mass Media Law. The joint venture between VIMN and Legacy operates the 12 pay TV channels in Russia.

Original source: Telecompaper.
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Tuesday, November 01, 2016

Pakistan Suspends Nickelodeon’s TV Broadcast Licence For Airing Show Dubbed In Hindi

The Pakistan Electronic Media Regulatory Authority (PEMRA) has suspended the broadcast licence of Nickelodeon Pakistan for airing cartoons dubbed in Hindi language, days after Pakistan's media regulator decided to enforce a complete ban on Indian TV and radio contents amid Indo-Pak tensions. In Pakistan, Hindi is seen as being India's language.


The electronic media watchdog announced on Monday 31st October 2016 that Nickelodeon's licence had been suspended, effective immediately, due to violation of strict Pemra directives, following the Wednesday 19th October 2016 decision which stated that any satellite channel or those with landing rights would face bans over screening of Indian content in order to enforce a complete ban on airing Indian content on local television and FM radio channels.

"PEMRA has decided to suspend license of Nickelodeon for showing cartoon dubbed in Hindi. The channel violated the October 19 decision by PEMRA which banned showing Indian contents," it said in a statement, which you can read in full below:


The statement issued by Pemra said that ARY Communications, which holds the "landing rights" licence for Viacom-backed Nickelodeon in Pakistan, has been informed of the decision to bar the channel from distribution in Pakistan. Local reports say the decision by PEMRA is being seen as a 'tit-for-tat' move by Pakistan following similar action by some channels and the entertainment industry in India against Pakistani content and artistes.

Nickelodeon India is owned by Viacom18, and is based in Mumbai, India, and is also carried by cable operators in Nepal, Bhutan, Bangladesh, the Maldives as well as Pakistan.

Tensions are also running high between the two countries following the Uri terror attack and India's retaliatory surgical strikes across the Line of Control (LoC).

Sources: The Times of India, IndiaTimes.com, Firstpost, Advanced Television, The Citizen, Hindustan Times via MSN.
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Monday, March 18, 2013

The Center For Science In The Public Interest Targets Nickelodeon In New Advert Starring SpongeBob SquarePants

The US television industry news blog on the official website of the British national daily newspaper The Guardian is reporting in the following article that the Center for Science in the Public Interest (CSPI), a Washington, D.C.-based non-profit watchdog and consumer advocacy group focusing on nutritional education and awareness, has started to target Nickelodeon in their latest campaign, which uses Nickelodeon Superstar SpongeBob SquarePants as face of the new advertisement:
Spongebob scapegoat: nonprofit group targets Nickelodeon in new campaign

Center for Science in the Public Interest, a nonprofit that advocates healthy eating, uses Spongebob as face of new ad

Gone is the toothy grin and sunny demeanour. Instead, bloodshot eyes stare out in a mugshot that will have SpongeBob fans fearing that he has succumbed to the vices that all too often go with international stardom.

But the usual temptations of drink, drugs and hard living appear not to be to blame, even if such things exist in Bikini Bottom. Rather, according to nutritionists who want to put SpongeBob, pictured, in the dock as a bad example for children, fizzy drinks and unhealthy snack foods are the real cause of the submariner's apparent decline.

The Center for Science in the Public Interest has launched a campaign against the kids' TV channel Nickelodeon, which it accuses of "impersonating a responsible media company while aggressively marketing obesity to kids". And SpongeBob is the main target. In a full-page ad which ran in the Hollywood Reporter on Friday, the cartoon character is depicted under a "Wanted" notice.

The ad is the latest salvo by CSPI, a nonprofit organisation that advocates healthy eating and public policies consistent with scientific evidence.

It accuses Nickelodeon of failing to set nutritional standards governing which foods it will advertise.

Noting that rival Disney already bans ads from certain unhealthy foods, CSPI nutrition policy director Margo Wootan said: "Nickelodeon prides itself on responsible programming for children, but what about its advertising Nickelodeon is lagging behind companies like Disney when it comes to supporting parents and protecting kids from junk-food marketing."

Continuing the comparison between the two children's programme makers, the CSPI notes that Goofy, the Disney character, appears on packaging for a snack pack that includes cherry tomatoes, carrots and celery sticks. Spongebob, by way of contrast, endorses a Popsicle that is made up of water, several forms of sugar and a long list of artificial dyes and preservatives, CSPI said.

Other charges laid against Nickelodeon include allowing the makers of Cocoa Puffs and Air Head candies to advertise in ad breaks, along with Chuck E Cheese restaurants.

In a statement, Nickelodeon defend its record on children's health, saying that "virtually all" its advertisers had signed up to the children's food and beverage advertising initiatives which promotes healthier diet choices.

"Nickelodeon has long demonstrated its full commitment to moving the needle against childhood obesity, including devoting airtime to health and wellness messaging; partnerships with Let's Move and many others; the Worldwide Day of Play initiative which is now in its landmark 10th year; and integrated licensing and marketing partnerships for healthy categories like Birdseye Vegetables, as just one example among many others," the statement said.

Tuesday, March 05, 2013

Viacom President And Chief Executive Officer Philippe Dauman Responds To Cablevision's "Frivolous" Antitrust Lawsuit Against Viacom At Deutsche Bank's Media, Internet & Telecom Conference

The entertainment news website The Hollywood Reporter is reporting the Viacom news that, while speaking at Deutsche Bank's Media, Internet & Telecom Conference on Monday, March 4, 2013 in Palm Beach, Florida, Philippe Dauman, the President and CEO of Viacom Inc., criticized the US media and telecommunications company Cablevision Systems Corporation's antitrust lawsuit against Viacom for allegedly "illegally forcing Cablevision to carry and pay for 14 lesser-watched ancillary networks its customers do not want, such as Palladia, MTV Hits and VH1 Classic, in order to carry must-have networks such as Nickelodeon, MTV and Comedy Central", commenting that "the lawsuit that Cablevision filed is ill-advised and frivolous". A replay of the live audio webcast of Mr. Dauman's question-and-answer session is currently available to listen to in the "Events / Webcasts" section of Viacom's official Investor Relations website, ir.viacom.com:
Viacom CEO Philippe Dauman Slams Cablevision's Lawsuit as 'Frivolous'

The exec says Cablevision would be better off saving tens of millions of dollars on lawyers and instead spending it on making cable customers happy.

Viacom CEO Philippe Dauman addressed the recent antitrust lawsuit filed by Cablevision that accuses his company of illegally tying together bigger Viacom-owned networks such as Nickelodeon, Comedy Central and MTV with lesser ones, including Palladia, MTV Hits and VH1 Classic.

Dauman slammed Cablevision on Monday at the Deutsche Bank 2013 Media, Internet & Telecom Conference in Palm Beach, Fla.

"The lawsuit that Cablevision filed is ill-advised and frivolous," he said.

Viacom's chief said the multiyear agreement was negotiated just two months ago and that Viacom had made a number of concessions. "We lowered the price from the ask," he said. "We offered a lot of additional terms relating to TV Everywhere that were consumer-friendly. We even gave them more term."

Dauman said Cablevision got a discount for taking its networks.

"I guess their theory is: 'We got the discount. We got three suits for the price of two. Now we want just the two,'" he said. "That doesn't happen in our business."

He also attacked Cablevision's own programming assets.

"In fact, 11 of our networks have higher ratings than MSG Network on a year-round basis," Dauman said. "That includes Teen Nick that they are complaining about. Nick Jr. has vastly higher ratings. It's common practice for a family of networks to provide a discount if you carry their networks. … Presumably, MSG offers discount to (distributors to) carry MSG2, MSG+, Fuse. The bottom line is that lawyers will get rich on this. The tens of millions of dollars spent would be better spent providing value to Cablevision customers."

Dauman also took a broad look at the financial health of the cable and satellite distributors with whom Viacom is frequently negotiating.

"The distributors' stocks are doing well," he said. "Over the last several years, when we have had economic issues, there have been market-share shifts, but it has held pretty steady."

Dauman also spoke about each of his networks. Responding to a question about how MTV is doing post-Jersey Shore, he said that the network is "in a good place," with "much better balance." He singled out the performance of Teen Mom 2, Awkward, Catfish and Buckwild, saying that the fruits of a commitment to original programming will be made clear when the network presents itself at upfronts next month.

Viacom's chief executive also said he wants to see Paramount get more involved in helping its TV networks. He said the studio would “get back, with very little investment, into the television-production business.”

Viacom, Philippe Dauman, Cablevision

Tuesday, February 26, 2013

Viacom Issues Official Statement Regarding North American Media And Telecommunications Company Cablevision's Antitrust Lawsuit Against Viacom

In response to the US media and telecommunications company Cablevision Systems Corporation announcing the news that they have filed an antitrust lawsuit today against Viacom (NYSE: VIA), in the federal court in Manhattan, for allegedly "illegally forcing Cablevision to carry and pay for 14 lesser-watched ancillary networks its customers do not want, such as Palladia, MTV Hits and VH1 Classic, in order to carry must-have networks such as Nickelodeon, MTV and Comedy Central", Viacom has released the following statement today (Tuesday 26th February 2013) on their official blog, Blog.Viacom, regarding the antitrust lawsuit Cablevision filed against the company:
Statement from Viacom on Cablevision Antitrust Lawsuit

Viacom released the following statement today regarding the antitrust lawsuit Cablevision filed against the Company:

“At the request of distributors, Viacom and other programmers have long offered discounts to those who agree to provide additional network distribution. Many distributors take advantage of these win-win and pro-consumer arrangements. Reflecting the highly competitive cable programming business, these arrangements have been upheld by a number of federal courts and on appeal. Viacom will vigorously defend this transparent attempt by Cablevision to use the courts to renegotiate our existing two month old agreement.”

Tags: Cablevision, Cablevision antitrust lawsuit, Viacom Cablevision lawsuit
Below is Cablevision Systems Corporation's original press release, from PRNewswire, announcing the news:
Cablevision Files Federal Antitrust Lawsuit Against Viacom For Illegally Forcing Purchase Of Programming Services

BETHPAGE, N.Y., Feb. 26, 2013 /PRNewswire/ -- Cablevision Systems Corporation (NYSE: CVC) filed an antitrust lawsuit today against Viacom (NYSE: VIA), in federal court in Manhattan, for illegally forcing Cablevision to carry and pay for 14 lesser-watched ancillary networks its customers do not want, such as Palladia, MTV Hits and VH1 Classic, in order to carry must-have networks such as Nickelodeon, MTV and Comedy Central.

Commenting on the lawsuit and Viacom, Cablevision offered the following statement:
"The manner in which Viacom sells its programming is illegal, anti-consumer, and wrong. Viacom effectively forces Cablevision's customers to pay for and receive little-watched channels in order to get the channels they actually want. Viacom's abuse of its market power is not only illegal, but also prevents Cablevision from delivering the programming that its customers want and that competes with Viacom's less popular channels."
Cablevision's suit contends that:

* Viacom abused its market power over commercially critical networks, including must-have networks such as Nickelodeon, Comedy Central, and MTV, to coerce Cablevision into carrying the 14 far less popular ancillary channels.

* Viacom coerced Cablevision by threatening to impose massive financial penalties unless Cablevision complied with Viacom's demands.

* Viacom's conduct harms Cablevision and its customers, and impairs competition by making Cablevision pay for and carry networks that many subscribers do not want to watch, while other networks are excluded from distribution, preventing Cablevision from being able to differentiate its services and harming subscribers.

Cablevision's complaint asserts that Viacom engaged in a "per se" illegal tying arrangement in violation of the federal antitrust laws. Cablevision's antitrust lawsuit also asserts that Viacom has engaged in unlawful "block booking," which is a form of tying that conditions the sale of a package of rights on the purchaser's taking of other rights. Viacom's conduct also violates the Donnelly Act in New York State Law, which parallels federal anti-trust laws.

The complaint was filed under seal and a public version is not yet available.

Cablevision is seeking a number of remedies including:

* Declaratory relief voiding the December 2012 carriage agreement.

* A permanent injunction barring Viacom from conditioning carriage of any or all of its core networks on Cablevision's licensing any or all of Viacom's ancillary networks.

* To effectuate the permanent relief, a requirement that Viacom permit Cablevision to carry the core networks and ancillary products on terms pending negotiation of a new, lawful agreement

* Treble damages and legal fees.

Viacom's eight core networks:

MTV
MTV2
Nickelodeon
VH1
Spike
TV Land
Comedy Central
BET

Viacom's 14 ancillary networks:

Centric
CMT
MTV Hits
MTV Tr3s
Nick Jr.
Nicktoons
Palladia
Teen Nick
VH1 Classic
VH1 Soul
Logo*
CMT Pure Country**
Nick 2**
MTV Jams**

*Optimum East Only
**Optimum West Only

Antitrust Legal Background

* Federal antitrust laws protect competition. By protecting competition, antitrust laws secure lower prices, higher quality, and other benefits for consumers.

* The antitrust laws prohibit tying, where a powerful firm wields its leverage from a product in one market, called the "tying" product, to compel a customer to take another product, called the "tied" product, when that customer would have preferred instead to take a product that competes with the "tied" product.

* The reason antitrust law prohibits such tie-ins is to protect competition and consumers. If powerful firms can leverage their power from one market to another, they can insulate the tied product from competition. Forcing customers such as Cablevision to take Viacom networks instead of competing networks, in turn, hurts consumers because they get less for what they pay for video services.

Cablevision officials indicated that there would be no immediate disruption in programming offerings pending the resolution of this matter.

About Cablevision Systems Corporation

Cablevision Systems Corporation is one of the nation's leading media and telecommunications companies. In addition to delivering its Optimum-branded cable, Internet, and voice offerings throughout the New York area, the Company owns and operates cable systems serving homes in four Western states. Cablevision's local media properties include News 12 Networks, MSG Varsity and Newsday Media Group. Cablevision also owns and operates Clearview Cinemas. Additional information about Cablevision is available on the Web at www.cablevision.com

SOURCE Cablevision Systems Corporation

RELATED LINKS
http://www.cablevision.com.
Also, from C21Media:
Cablevision acts to unbundle Viacom

US cableco Cablevision has filed a lawsuit against Viacom in an attempt to drop some of the latter’s channels it claims are unpopular with customers.

Cablevision said that as part of the carriage agreement it signed with Viacom in December, it was illegally forced to carry and pay for “14 lesser-watched ancillary networks its customers do not want,” in order to carry “must-have networks” such as Nickelodeon, MTV and Comedy Central.

Viacom has “abused” the market power its popular channels provide, according to Cablevision, which names some of the “lesser-watched” channels as Palladia, MTV Hits and VH1 Classic. The cableco accused Viacom of selling its programming in a manner that is “illegal, anti-consumer and wrong.”

Viacom has dismissed the claims, saying it will “vigorously defend this transparent attempt by Cablevision to use the courts to renegotiate our existing two-month-old agreement.”

The company said in a statement: “At the request of distributors, Viacom and other programmers have long offered discounts to those who agree to provide additional network distribution. Many distributors take advantage of these win-win and pro-consumer arrangements.

“Reflecting the highly competitive cable programming business, these arrangements have been upheld by a number of federal courts and on appeal.”

If Cablevision’s lawsuit is successful, it would set a precedent in which cable providers would be able to cherry-pick the channels they carry, rather than having to take on bundles of networks.

Cablevision’s full complaint is available here.

Nico Franks
27-02-2013
©C21Media

Monday, August 27, 2012

Former "Dora The Explorer" Voice Artist Caitlin Sanchez Attempting To Restart Her Legal Battle With Nickelodeon

From The Hollywood Reporter:
Ex-'Dora the Explorer' Trying to Restart Legal Battle With Nickelodeon

Caitlin Sanchez desperately attempts to escape a $500,000 settlement of her previous lawsuit by arguing that her former lawyer committed "fraud."

Remember Caitlin Sanchez?

In 2010, the teenager who voiced Dora the Explorer made a huge news splash by filing a $10 million lawsuit after she was fired upon reaching puberty. The attorney for Sanchez threatened to expose humiliating secrets about Nickelodeon if the network didn't make his then-14-year-old client a substantial offer to settle her lawsuit over an "unconscionable" contract.

Then, the suit settled on confidential terms and Sanchez faded into obscurity save a few articles that marveled how grown up she now looked.

But the dispute really never went away. In fact, THR has learned that it's gotten really ugly, with Sanchez' family accusing her former lawyer of forcing a bad settlement down their throats. The family who once sued for $10 million now says they were "duped" into a deal that left Caitlin on the hook for substantial tax payments and lawyer contingency fees, pretty much wiping out the money she received. Almost since the moment the settlement was signed, Sanchez has been attempting to unwind it and reinvigorate her lawsuit against Nickelodeon and MTV Networks.

Sanchez' original claims were juicy fodder for tabloids.

In October 2010, she claimed that when she had made a deal to voice Dora the Explorer, she was given just 22 minutes to sign the contract without an experienced lawyer or lose the gig. She alleged that she was promised substantial compensation from merchandising and residuals, but that she was underpaid for her work on a franchise that is said to have earned over $11 billion in global retail sales since 2001.

A New York attorney named John Balestriere represented her. He went to the press and gave the network a deadline to pay up or said he would blab scandalous information. At the time, Nick reps openly complained about his use of "intimidation tactics."

A settlement came before the dispute went far in court. According to recent court papers, Sanchez got $500,000 to cover what she claimed she was due plus as an advance on future residuals and merchandising. She also got five percent royalties on future merchandise sales, some guarantees that she would continue certain voiceover work at the AFTRA rate, and the right to conduct audits on the producer's financial books.

A good deal?

Not according to Sanchez' family members, who have since given sworn declarations to the court how during the early days of the lawsuit, Balestriere was sanctioned for publicizing confidential information about Viacom and soon thereafter, as Balestriere made a brave public face to the press, he privately pushed the family towards settlement.

Sanchez' parents say that they didn't want to take a deal but that Balestriere yelled at them, threatening that he would lose the case and that they would owe him some $300,000. The family says Balestriere told them that dismissing "with prejudice" wouldn't mean they gave up the right to sue Nickelodeon (which the family later discovered was false) and Sanchez' father says that Balestriere falsely notarized his signature on settlement papers.

Further, they allege that the attorney they hired to handle a lawsuit over an "unconscionable" Dora the Explorer voiceover deal himself made the family sign a retainer agreement whereby Balestriere would get 37.5 percent of royalties -- including future royalties -- "as if he was her talent agent," plus a $755 an hour billable rate and things like a "success fee."

In January 2011, the family fired Balestriere, but they say that he continued to interfere with Sanchez' business.

As a result of the case, the Sanchez family owed Balestriere more than $200,000 for his work (on top of whatever payments they already had made). They were also on the hook for $106,000 in taxes because, according to the teenager's mother, Balestriere failed to have the settlement payments attributed as royalties. "That (tax) liability zeroes out what little settlement Mr. Balestriere gave to Caitlin after he took his excessive fees and disbursements never approved by this Court," her mother said in a declaration in June, 2011.

Reached for comment, Balestriere defends himself.

"My colleagues and I were glad to fight for Caitlin Sanchez and her family when they were not given their due by Nickelodeon," he says. "We obtained an excellent result for Ms. Sanchez, in fairly short order, where our firm largely bore the financial risk, and where the court who approved the settlement has repeatedly praised the result our work obtained."

The family doesn't agree and has been furiously fighting to vacate the settlement and get out of paying Balestriere. So far, those efforts have been unsuccessful.

Last November, New York judge Thomas Griesa declined to overturn the settlement, saying the family should first send an auditor to Nick parent Viacom to carry out an audit, and then if there are any discrepancies, it can be handled appropriately.
The family soon tried a new argument that a federal court lacked subject matter jurisdiction. Viacom opposed. A judge rejected a second motion to vacate the settlement in April, reiterating what he said the previous autumn.

In June, Judge Griesa reviewed the money owed to Balestriere, who intervened in the case to defend himself. The judge confirmed that Balestriere was due about $193,000. "Although Sanchez now questions the wisdom of the settlement, it cannot be denied that she quickly obtained a substantial sum of money and valuable audit rights, and the court has repeatedly approved the reasonableness of the settlement," wrote the judge.

However, Judge Griesa ruled that allowing Balestriere's requested 30 percent of Sanchez' future recoveries of royalties to be "excessive" and trimmed it down to 15 percent.

All these decisions are now under appeal at the 2nd Circuit as the former child star of Dora the Explorer looks to redo her lawsuit against Nickelodeon and MTV Networks with new lawyers.