Cox Communications Business Practices Put Subscribers in Nine Markets
at Risk of Losing Network and Local Community Programming on January 29
Cox Management Fails to Consider Reasonable Business Logic as it
Continues to Mis-Allocate Its Programming Fee Payments to
Programming with Marginal Viewership
Broadcast Stations/Groups Generate Approximately 35% of Household
Viewing, Yet Receive on average About 12% of Total Distribution Revenue
from Cable, Satellite and Telecom Providers such as Cox
Cox Willing to Hold its Subscribers Hostage Rather than Reach an
Agreement With Nexstar and Other Broadcasters at Fair Market Rates
Nexstar Broadcasting Group, Inc. (Nasdaq: NXST) (“Nexstar”) set the
record straight today following gross mischaracterizations issued by Cox
Communications (“Cox”) related to ongoing negotiations between the
parties on a distribution agreement that will allow Cox to continue to
offer Nexstar’s highly rated network and local community programming to
subscribers in nine markets. While it is not Nexstar’s policy to debate
publicly with any of its commercial partners, the egregious
mischaracterizations included in today’s Cox release warrant a response
to ensure that viewers, legislators and regulators, the investment
community and the public at-large get the accurate facts on what is in
most cases a straight-forward business negotiation. Nexstar intends to
pursue any and all methods of recourse to cause Cox to cease and desist
making future mischaracterizations.
As noted in Nexstar’s press release of January 25, 2016 Cox management
is willing to hold subscribers in nine markets at risk of losing network
and local community programming at 11:59 p.m. local time on January 29,
2016 as Cox has yet to reach a new distribution agreement allowing the
cable television provider the right to continue to air Nexstar’s highly
rated programming. Cox mistakenly claims in today’s release that “Cable
TV/Satellite customers forced to pay more with Nexstar merger”
(referring to yesterday’s announced agreement that Nexstar has agreed to
acquire Media General). In fact, the reason that Cox unilaterally raises
the rates to its subscribers is related to the gross mis-allocation by
Cox of its programming Fee Payments to programming with marginal
viewership relative to the network and local community programming that
Nexstar provides.
Across the U.S., broadcast stations and station groups, including
Nexstar, generate approximately 35% of household viewing, yet local
broadcasters in aggregate received on average about 12% of the total
distribution revenue from cable, satellite and telecom providers such as
Cox. Inexplicably, Cox (through charges to its subscribers) pays The
Walt Disney Company nearly $8.00 per household per month for carriage of
ESPN and Turner Broadcasting more than $1.65 per household per month for
TNT. Unfortunately Cox management fails to consider reasonable business
logic and reliable viewership data in determining what’s best for their
viewers and instead chooses to finger point at the very source of its
programming and content with the highest viewership. With Nexstar’s
commitment to local viewers’ information and entertainment needs, local
businesses and their marketing effectiveness, local stations need to be
fairly compensated for the value of their programming.
Tactically, Cox’s mis-guided plea to consumers to oppose the announced
transaction with Media General serves to further highlight the
irrational thinking of Cox’s management as Nexstar’s merger with Media
General is in full compliance with the FCC’s rules regarding ownership
of television stations, including the national cap, which was
statutorily set by Congress.
Furthermore, Cox’s assertion that “Nexstar won't even accept the very
same rate that stations they manage agreed to just two weeks ago” speaks
to the ignorance of Cox as it relates to FCC regulations. Specifically,
the FCC adopted rules in 2014 that prohibit Nexstar from knowing the
rates agreed to with Cox by the stations Nexstar provides operating
services to.
Cox also fails to acknowledge that the expiring agreement with Nexstar
was entered into at the end of 2010. Therefore, for the past 3 plus
years, Cox has reaped the benefit of paying significantly under market
retransmission consent fees to Nexstar while consistently instituting
rate increases to its subscribers. Moreover the economics to the local
broadcast industry have changed dramatically since the expiring
Nexstar/Cox distribution agreement.
Cox conveniently disregards the fact that as a result of the advent of
reverse comp, Nexstar’s network affiliated programming costs have
increased. Furthermore, in the intervening 6 years, Nexstar has made
continual ongoing investments for the benefit of its viewers and
distribution partners through expanded local news and other programming
in its markets, the upgrade of its stations to full HD broadcast
standards, the acquisition of costly life-saving weather equipment and a
broad range of other improved services in its local communities. While
Nexstar believes Cox has the resources to conduct financial analysis
capable of efficiently managing its business for the benefit of its
customers and shareholders, it is clear that Cox needs math help.
Nexstar is not, as Cox states, seeking triple the rate of the expiring
contract but is actually pursuing economics slightly more than double
the now extinct and very favorable rate that Cox negotiated over 5 years
ago. Given the exponential viewership of the Nexstar programming
relative to other programming that Cox over-spends for to the detriment
of its subscribers and the fact that Nexstar and other broadcasters now
pay reverse comp to networks, Nexstar’s request is reasonable and
consistent with the cost of such programming in similar markets.
Nexstar has established a long-term record of completing hundreds of
agreements with cable and satellite providers for the carriage of its
programming and is proud it has had no material service interruptions
related to distribution agreements since 2005. However, despite 4 months
of negotiations, Cox by its own admission never offered a rate close to
current market rates and reflecting the bad faith nature of its
negotiating stance, even Cox’s most recent offer does not offer contain
a market rate offer to Nexstar. To be explicitly clear, Nexstar has
offered Cox the same rates it offered to other large distribution
partners with whom it successfully completed negotiations with in
December.
Nexstar remains hopeful that a resolution can be reached before the
January 29 deadline, but should Cox fail to come to terms with Nexstar,
Nexstar intends to actively educate consumers in affected markets on how
they can continue to receive their favorite network programming,
in-depth local news, other content and programming relevant to their
communities, and critical updates in times of emergencies. Cox’s
attempts to disparage Nexstar will not be tolerated and their mis-guided
efforts to fool their viewers as well as legislators and regulators, the
investment community and the public at-large warranted a response.
About Nexstar Broadcasting Group, Inc.
Nexstar Broadcasting Group is a leading diversified media company that
leverages localism to bring new services and value to consumers and
advertisers through its traditional media, digital and mobile media
platforms. Nexstar owns, operates, programs or provides sales and other
services to 103 television stations and 54 low power and digital
multicast signals reaching 62 markets or approximately 18.0% of all U.S.
television households. Nexstar’s portfolio includes primary affiliates
of NBC, CBS, ABC, FOX, MyNetworkTV and The CW and multicast affiliates
of Telemundo, Bounce TV, Me-TV, LATV, Estrella, This TV, Weather Nation
Utah, Movies! and News/Weather. Nexstar’s community portal websites
offer additional hyper-local content and verticals for consumers and
advertisers, allowing audiences to choose where, when and how they
access content while creating new revenue opportunities.
Pro-forma for the completion of all announced transactions Nexstar will
own, operate, program or provide sales and other services to 171
television stations and their related low power and digital multicast
signals reaching 100 markets or approximately 39% of all U.S. television
households. For more information please visit www.nexstar.tv.
Forward-Looking Statements
This news release includes forward-looking statements. We have based
these forward-looking statements on our current expectations and
projections about future events. Forward-looking statements include
information preceded by, followed by, or that includes the words
"guidance," "believes," "expects," "anticipates," "could," or similar
expressions. For these statements, the Company claims the protection of
the safe harbor for forward-looking statements contained in the Private
Securities Litigation Reform Act of 1995.
The forward-looking statements contained in this news release,
concerning, among other things, changes in net revenue, cash flow and
operating expenses, involve risks and uncertainties, and are subject to
change based on various important factors, including the impact of
changes in national and regional economies, our ability to service and
refinance our outstanding debt, successful integration of acquired
television stations (including achievement of synergies and cost
reductions), pricing fluctuations in local and national advertising,
future regulatory actions and conditions in the television stations'
operating areas, competition from others in the broadcast television
markets served by the Company, volatility in programming costs, the
effects of governmental regulation of broadcasting, industry
consolidation, technological developments and major world news events.
Unless required by law, we undertake no obligation to update or revise
any forward-looking statements, whether as a result of new information,
future events or otherwise. In light of these risks, uncertainties and
assumptions, the forward-looking events discussed in this news release
might not occur. You should not place undue reliance on these
forward-looking statements, which speak only as of the date of this
release. For more details on factors that could affect these
expectations, please see our filings with the Securities and Exchange
Commission.
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