Cablevision in Voom deal with founder (CBS MatketWatch) 03.08.05
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Cablevision in Voom deal with founder (CBS MatketWatch) 03.08.05
By David B. Wilkerson, MarketWatch
Last Update: 6:07 PM ET March 8, 2005**
SAN FRANCISCO (MarketWatch) -- Cablevision Systems said after the market closed Tuesday that has reached a deal with founder Charles Dolan to keep the Voom satellite business going at least for the rest of this month.
Meanwhile, Dolan and his son Thomas will look for "an alternate transaction" that would avoid a shutdown of the money-losing service, the company said.
The agreement was approved by Cablevision's (CVC: news, chart, profile) newly-constituted board and a special committee of independent directors. It terminates March 31.
Voom, a venture that was widely criticized by the investment community from its inception two years ago, lost more than $660 million in 2004, and its failure has created an alleged split between Charles Dolan and his son James, Cablevision's chief executive. James Dolan wants to shut the operation down, while Charles and another son, Thomas, the company's chief information officer, want to keep it going.
Most of the Voom assets were sold to satellite broadcaster EchoStar Communications (DISH: news, chart, profile) in January, in a move that was applauded by many.
However, Charles Dolan removed William Bell, Sheila Mahony and Steven Rattner from the board of directors last week. Analysts say Dolan wanted to remove board members who disagreed with his plans for the service.
Cablevision's shares declined 67 cents, or 2.3 percent, to close at $28.62 on Tuesday.
Cablevision had originally intended to spin Voom off, along with its Rainbow cable network assets networks -- American Movie Classics, Women's Entertainment and the Independent Film Channel. That spinoff, first announced in the fall of 2003, was postponed several times and then suspended indefinitely last Dec. 21.
Also Tuesday, a dispute over carriage fees involving Cablevision flared anew. The dispute is keeping Cablevision's MSG Network and FSN New York cable sports networks off Time Warner Cable systems, as of midnight Tuesday morning.
The two sides are quarreling just as baseball's New York Mets are about to begin a new season.
MSG Networks says Time Warner (TWX: news, chart, profile) decided to pull both networks from its systems, but Time Warner says MSG demanded that the channels be removed.
"If someone tells you they're going to take you to court and sue you, you have no choice but to take down those signals," said Time Warner Cable spokesman Mark Harrad.
Mediating media?
MSG indicated that it's "proposing binding arbitration with a neutral mediator, which will ensure fairness to both sides and an immediate return of basketball and baseball to New York's sports fans."
Harrad declined to speculate about whether Time Warner Cable would accept binding arbitration, but said the company would be concerned about the precedent such an agreement would set.
"These are two private businesses negotiating in the private marketplace," Harrad added. "And none of these negotiations has ever, in the history of cable television, gone to binding arbitration except one -- and that was with Cablevision and the Yes Network."
Following an intervention by New York Attorney General Eliot Spitzer, Cablevision and George Steinbrenner's Yes Network agreed in 2003 to settle a carriage fee dispute that had kept Yankee games off Cablevision for a year.
Disagreements of this type have been frequent in recent years, as cable and satellite companies seek to control ever-rising programming costs, while programmers try to find ways to deal with their own rising costs and seek higher fees in exchange for the right to distribute their content
Both Time Warner Cable and Cablevision are major operators in the New York City area, the largest media market in the United States.
The two sides temporarily resolved the same dispute last August, after 11 days in which MSG and Fox Sports Network went dark on Time Warner systems.
Time Warner gave customers a $2 credit for the days that had been missed.
"We got a bunch of calls from people who said, 'I'd rather take the credit and get rid of the signals,'" said Harrad. "I'm not suggesting there isn't a Mets fan base. But there are a lot of people who don't really care, and I would say none of our viewers wants to get saddled with a large rate jump because of the very high prices sports networks are charging for their product."
David B. Wilkerson is a reporter for MarketWatch in San Francisco.