Fox Declines to Point Finger at Cablevision

In a letter to the Federal Communications Commission, Fox says it has "carefully complied" with its statutory duty to conduct its retransmission consent negotiations in good faith, but it made no characterizations about Cablevision's negotiations. While Cablevision said Fox was not bargaining in good faith, Fox did not make the same accusation.

Fox did not say it lacked that evidence, only that it was not offering it up: "We respectfully decline to do so at this time. We remain hopeful that negotiations will continue and ultimately result in a retransmission consent agreement acceptable to both parties." Fox said it had been able to reach deals with others, but was discouraged by its failure to do so in this case. Fox said it recognized its approach to retransmission had changed from seeking to launch cable networks to getting cash, but that today it was imperative to tap a second revenue stream or it would not be able to acquire the major sports events. Fox says it did not present its offers as take it or leave it, but Cablevision' made it clear that its preferred path was to continue to seek political or regulatory relief. Fox suggested that appeals for help from Washington have helped prevent a deal. "[T]he specter of a politically imposed arbitration or heightened regulation has become an impediment to reaching a business solution." In an interesting twist, Fox says that on Monday, Oct. 18, two days after the stations went dark on Cablevision, the cable operator "suggested it might be willing to purchase WWOR-TV from Fox." Fox said it did not think outside binding arbitration would be an "effective path" to the resolution of this or other retransmission disputes.