July 21, 2004, 1:36AM FSN has open door to appeal Astros/Rockets case By DAVID BARRON Copyright 2004 Houston Chronicle A Houston judge's ruling in the lawsuit pitting Fox Sports Net against the Rockets and Astros will allow the case to be appealed, the network's attorney said. State District Judge Joseph "Tad" Halbach ruled Friday that FSN should not be required to pay the teams' legal fees, even though he sided with the Astros and Rockets by granting a summary judgment motion that allows them to proceed with plans to start their own Houston-based regional sports network. "It would be neither equitable nor just to award attorneys' fees to any party under the circumstances of this case, where the legal issues were often close and all parties pursued their legitimate interests ... in good faith," Halbach wrote. The teams had sought a jury trial to determine whether FSN should be required to pay an estimated $3 million in attorneys' fees generated by the lawsuit, filed last year to determine whether the Astros had the right to end their association with FSN after the 2005 season. Halbach ruled this year that the Astros could get out of their FSN contract after next season, clearing the way for the teams to start the Houston Regional Sports Network with Rockets games in the fall of 2005 and Astros games in 2006. FSN said it would appeal but could not do so until the question of attorneys' fees was resolved. "The case is now ripe for appeal, and we will go to the appellate court to see what happens," said attorney Charles Babcock, who represents FSN. Kevin Gaffney, president of the Astros-Rockets network, said the teams are hard at work preparing for the network's launch next year. "We've had a lot of on-air talent come forward and express interest in joining us, and we're talking to cable operators about contracts and distribution," Gaffney said. The network has hired Interbrand, which specializes in product branding, to come up with a name for the Houston Regional Sports Network. http://www.chron.com/cs/CDA/ssistory.mpl/sports/2692935
When I first heard that the Astros & Rockets were trying to team up to create a local sports network, I was excited. The Yanks have done it and has had great success. I hope this gets resolved and we get our channel and our teams can benefit from the extra revenue (which means more spending on players).
Its GOING to happen, no matter what... but one can't help but see these regional sports networks as cyclical in nature.... 1. In the 80's, a bunch of teams and cities, unhappy with the mass sports media approach, and looking to make some more $$$, formed regional sports networks. (HSE) 2. In the 90's, these regional sports networks were floundering under several different owners (Prime, etc.) until Fox decided to go all out and buy most of them up. (Fox Sports). 3. Now, teams are fed up with the mass Fox sports media approach, and looking to make some more $$$, are forming their own regional sports networks. ... Seems like a lot of work for one big run-a-round. Also, the increased revenue streams are only as good as a.) the number of people subscribing to the service (if its included in basic cable or satellite, expect your rates to go up). and b.) the number of viewers, which will bring in more advertisers. I have a feeling that its not going to go over too well with Time Warner, and they'll only offer it at a premium rate (as happened with YES), and you'll have a major bru-ha-ha as the Rockets 2006 (championship) season unfolds.
Here is one client portfolio of Interbrand, the product branding experts for the new network. http://www.interbrand.com/portfolio_details.asp?portfolio=1399
Does this mean I will now have to subscribe to some cable package just to be able to see any Rockets & Astros games? If so.....
3 million in billing.. haha.. I worked for the team that represented the 'stros... even though you're probably right that it might become a premium channel-- not that I wouldn't pay to see the games. I have a feeling the appeal won't do any good. The judgment on the terms of the language are soo beaten that they're no longer ambiguous. Everything makes perfect sense, and the teams intended to create an RSN (regional sports network) and are pursuing that at the current moment. There's no disguise.
Oh, most definitely... there's a reason why the Rockets have been low-balling by putting their product out there for pennies on Ch.51... they are expecting some big-time $$$ with the new network (and not signing a long-term contract with Fox was the only way to get this.) Of course, this is how the home games were in the championship days...
Well, the addition of T-Mac would seem to at least guarantee us more than a few games on ESPN and the like, at least in the short term.
Any idea how this is going to work with Direct Tv. I remember it took forever for KNWS to get added to the lineup. You can only take watching the games on an antenna for so long.
from the article: ""We've had a lot of on-air talent come forward and express interest in joining us, and we're talking to cable operators about contracts and distribution," Gaffney said. The network has hired Interbrand, which specializes in product branding, to come up with a name for the Houston Regional Sports Network. I assume they'll get it all done by the start of the season in 2006.
Well, I guess I am all for this. I just hope it doesn't cost too much. I can watch every astro game on cable here in College Station, but I don't get to see too many Rockets games. I see the national tv games and the ones Cox pick up on their ch.15.
Agreed, we here in CS only get 10-12 Rockets road games outside of National games. When Fox Southwest quit showing the Rockets home games, we got screwed. Will this new Houston Regional Sports Network show ALL Rockets games or only the Home games? BTW Uprising, Cox switched to ch. 70 recently, just FYI in case you want to catch some of the Astros road games they show. I stumbled onto that a few weeks back.
this channel will be the new home of the Rockets, so I would imagine that it will show all games that they havent agreed to allow another channel to show exclusively..(like the TNT games on Thurs last year) and also....this channel will more than likely be included with the sports packages on the sat and cable systems...and I know most of you sports nuts already have those packages...right? either that, or they will make it available al a carte (like NBA TV) which means you onlyhave to pony up a couple of bucks.. but this is all specualtion until someone in the know (paging TIM...Tim to the white phone...) lets us know the specifics.
Ha! I just noticed this case was in front of Judge Halbach. I clerked for him during law school. Consistently rated as one of the best civil district court judges in Harris County.
I'm pretty sure that we won't find out for some time, but it can't hurt for all of us who have Cox to start calling/emailing to suggest that they pick up the channel.
