If You and I can get these stations OTA for free, why should they be forced to pay for them.Technically "yes" ...
Legally "no" is the problem ....
That's where the local station groups get their leverage from in the re-trans disputes.
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In most cases the networks are just trying to get rich by adding more and more to thier fees they charge ... maybe its time for there to be a straight fee for all the providers, if they are gonna have to be charged.