Yesterday was the last day to file comments on the proposed Comcast-NBC Universal merger, and a number of individuals and companies weighed in.
Among those filing comments in opposition to the deal were Senator Al Franken (D-MN), and satellite companies DirecTV and DISH Network.
All three made access to content on the internet a key point of their arguments.
DISH alleges in its filing that NBC Universal has a “propensity to discriminate” with regards to the content it puts online. Specifically, DISH says that NBC deliberately only makes lower quality video streams of its content available to third party companies like DISH:
NBCU downgrades the quality of the video experience on DISH’s online video platforms in comparison to NBCU’s proprietary online video platforms, such as Hulu.com and NBC.com. This appears to be an effort to drive online video users away from non-NBCU online video distribution platforms and towards NBCU’s own propel1ies.
In a separate document, a DISH executive says that while NBC.com and Hulu.com allows content to be streamed at 480p, 360p and 288p, they only let DISH’s own Dishonline.com stream the content at 288p.
DirecTV focused on authentication, specifically the concern that the new company would out some of its sports or entertainment program online via an authentication platform:
…and then deny authentication to DIRECTV and other rival MVPDs or charge exorbitantly high prices for access by their subscribers. Alternatively, Comcast could place additional episodes of a popular NBC series (or commentary tracks, “behind the scenes” outtakes, and interviews related thereto) online – and again deny authentication to or discriminate against rivals.
NBC did just that with its coverage of the 2010 Winter Olympics, only making live event streaming available to MVPDs that paid a premium for it.
