Herring 'Modifies' Charter Deal Support at FCC

Herring Networks (Wealth TV, America One Network), which in September told the Federal Communications Commission it supported the Charter/Time Warner Cable/Bright House Networks merger, is having second thoughts, mainly over the hot-button issue of over-the-top distribution.

In a Sept. 16 filing, the company said Charter has over several years "demonstrated a pattern and practice of extending fair carriage consideration to independent programming services." It went further, saying it was in regular conversation with almost all other independent networks and has "not heard of any formal or informal complaints" against Charter. "That record should speak volumes about the character and approach of the company when it comes to relations with independents, who typically lack the heft, scale, and negotiating leverage of larger programming entities," said Charles Herring, president of Herring Networks in that September filing. But in recent meetings with Gigi Sohn, chief counselor to FCC Chairman Tom Wheeler, and other FCC officials, Herring said he had a host of issues with how Charter was treating its two independent networks (Wealth TV and One America News Network [AONN]) and that "based on its recent dealings with Charter, it is reasonable and credible for Herring Networks to modify its assessment of the Charter - TWC merger." Herring offered a rather different assessment of Charter's "fundamental lack of respect for independent programmers." Herring said that he had tried to negotiate an anticompetitive clause out of its existing programming contract with Charter, that is says "contractually prevents Herring Networks, Inc. from exhibiting its linear feed of AWE (WealthTV) to over the top (“OTT”) devices and streaming services."