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The TV providers are refusing the demand, saying the signals are available for free via off-air antennas. They also note that local stations in the past have not asked for cash payments for analog signals.

Because of the impasse, however, millions of cable and satellite subscribers are unable to watch their local channels in high-def.


Many cable viewers can't see Ugly Betty's Vanessa Williams in HD.

For instance, DIRECTV rolled out local HD service in dozens of cities in 2006, but was unable to provide all four broadcast networks in high-def in most markets. Cox Cable in Tucson can't provide the Fox HD signal. Cox in Providence, Rhode Island is unable to offer CBS and Fox in high-def.

And so on.

The battle is likely to escalate in the coming months with CBS saying publicly that it will demand fees for high-def signals at its owned and operated stations.

Until now, the FCC has said it does not have the  authority to intervene in the disputes. But the agency's position is both legally and politically suspect. By staying out of the battle, the FCC is effectively siding with the local stations who have time on their side. They can sit back and wait for the cable and satellite operators to concede after getting blitzed with complaints from customers.

This is exactly what happened earlier this month when Mediacom Cable finally agreed to pay Sinclair Broadcasting for its standard and high-def signals shortly before the Super Bowl. Two U.S. senators urged the FCC to end the dispute, even ordering binding arbitration if necessary. But the agency refused. Consequently, Mediacom had to buckle or it would alienate the vast Super Bowl audience.

If the FCC continues to sit on the sidelines, millions more Americans will be unable to watch their favorite channels in HD, at least for a period of time. This will make high-def owners angry and frustrated, causing them to discourage their friends and neighbors from buying Digital/HDTV sets.

And that will make it more difficult for the federal government to get everyone on board for the transition to Digital TV in 2009.

The FCC should move immediately to order a binding arbitration in any local dispute over high-def signals. If the local station and TV provider can't reach an agreement, they will have to agree to the arbitration rather than cavalierly pulling the high-def signals off the air.

This solution would be fair to both parties -- the neutral arbitrator can decide what the local station is entitled to -- and it would protect HDTV owners from losing their signals.
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Make Your Voice Heard!
Here are the e-mail addresses of the five FCC Commissioners:

Chairman Kevin J. Martin:
KJMWEB@fcc.gov

Commissioner Michael J. Copps: Michael.Copps@fcc.gov

Commissioner Jonathan S. Adelstein: Jonathan.Adelstein@fcc.gov

Commissioner Deborah Taylor Tate: dtaylortateweb@fcc.gov

Commissioner Robert McDowell: Robert.McDowell@fcc.gov
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Phillip Swann is president and publisher of TVPredictions.com. He has been quoted in dozens of publications and broadcast outlets, including CNN, Fox News, Inside Edition, The New York Times, The Washington Post, The Chicago Tribune, The Financial Times, The Associated Press and The Hollywood Reporter. He can be reached at swann@tvpredictions.com or at 703-505-3064.

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