I don't recall saying that you said they were going to claim it in BK court. I pointed out simply why they didn't. And yeah, I'm HIGHLY aware of what the standard protocol is for breach of contract suits. I'm not arguing with you...why do you respond this way all the time?
It's a point I brought up pages ago. Comcast has the ability to not show the games on their Network, which there would go 40% of the viewership. Whatever other non Comcast or DirecTV providers are out there and have drawn a line in the sand over carriage fees so you're not getting much their either. DirecTV is then your only certain provider. No way in hell will DirectTv give the Astros veto power like they have now. At least sticking with CSN H (for the record I am a U-verse subscriber), you don't have the potential to chop off 40% right off the bat. This is assuming that the trustee signs carriage deals with the other providers.
<blockquote class="twitter-tweet"><p>Astros attorney arguing that Comcast affiliates do not meet requirements to force Ch. 11 and filing was in bad faith.</p>— David Barron (@dfbarron) <a href="https://twitter.com/dfbarron/statuses/394844769202868224">October 28, 2013</a></blockquote> <script async src="//platform.twitter.com/widgets.js" charset="utf-8"></script> <blockquote class="twitter-tweet"><p>He says Astros agreement w/Comcast was like pre-nup. Partnership hasn't worked, and Astros want out.</p>— David Barron (@dfbarron) <a href="https://twitter.com/dfbarron/statuses/394845100758405120">October 28, 2013</a></blockquote> <script async src="//platform.twitter.com/widgets.js" charset="utf-8"></script>
It was dumb by all parties but I expect that the Rockets had built up trust with McLane over the years. That went out the window when the robbing Peter to pay Paul Crane came along.
My guess is this is a lesson that has been learned throughout the industry. Lawyers drafting these agreements going forward and going to using this entire situation to influence those documents going forward. There are ways this can be addressed.
<blockquote class="twitter-tweet"><p>Astros attorney arguing that Comcast affiliates do not meet requirements to force Ch. 11 and filing was in bad faith.</p>— David Barron (@dfbarron) <a href="https://twitter.com/dfbarron/statuses/394844769202868224">October 28, 2013</a></blockquote> <script async src="//platform.twitter.com/widgets.js" charset="utf-8"></script> <blockquote class="twitter-tweet"><p>He says Astros agreement w/Comcast was like pre-nup. Partnership hasn't worked, and Astros want out.</p>— David Barron (@dfbarron) <a href="https://twitter.com/dfbarron/statuses/394845100758405120">October 28, 2013</a></blockquote> <script async src="//platform.twitter.com/widgets.js" charset="utf-8"></script>
No, you chop off 60% right off the bat. No domino will fall unless DirecTV or Uverse blinks first, and it probably has to be DirecTV. I can assure you that DTV is not close to blinking in this fight. The only solutions that are going to work in this are: 1) CSNH dissolves and they both end up back with FSSW (this is not as easy as everyone thinks, but it can get done) 2) The judge miraculously takes the Rockets suggestion
Rockets knew the Astros were up for sale and that McLane wouldn't be around. You don't sign agreements like this..with millions of dollars at stake...and give up the rights the Rockets did without putting in some "stops" to address contingencies that can crop up; particularly when those contingencies were ridiculously foreseeable.
The Rockets suggestion is that the parties that have been negotiating for a year get back in there and negotiate for one more week. I don't think that's gonna get it. Particularly if the Astros are convinced of their position that their media rights can't be assigned at all to begin with. This thing would be locked up on appeal for a long time if the judge gives a trustee power to assign those rights.
3) The judge agrees with Comcast and orders a trustee who on behalf of the Network signs carriage deals with the other 60%.
The Rockets suggestion is they get 1 week and then a trustee is appointed correct? But yes, in general I am with you. We need the judge to dismiss and blow this up.
Nope...Rockets cite to case law where trustee isn't appointed for a year after the filing. They want a week...but they don't specify when they'd be willing to accept a trustee. Getting a trustee appointed in an involuntary 11 is extraordinary relief. The Rockets say that very thing. And in no way, shape or form does the NBA nor the Rockets really want a judge to order media rights of a pro sports team to be assigned by a trustee. That's really bad precedent. If those rights really aren't assignable, then the Astros characterization of this bankruptcy as a "road to nowhere" is dead on.
<blockquote class="twitter-tweet"><p>Astros oppose Rockets' one-week delay as "sword of Damocles" to force them to accept Comcast demands.</p>— David Barron (@dfbarron) <a href="https://twitter.com/dfbarron/statuses/394848037979185152">October 28, 2013</a></blockquote> <script async src="//platform.twitter.com/widgets.js" charset="utf-8"></script>
Blame is shared equally amongst all parties on that regard. Where the Astros catch additionally blame is not doing the proper due diligence to determine what they would do if the carriage rates were not signed at the rate they wanted. It seems they had an all or nothing deal. The ownership of the Astros is shaky because Crane has so many investing partners that he has to answer to whom have likely been promised a windfall based on the $3.40 per subscriber deal.
<blockquote class="twitter-tweet"><p>Astros say even current offer by DirecTV won't be enough to make network profitable.</p>— David Barron (@dfbarron) <a href="https://twitter.com/dfbarron/statuses/394848599575502848">October 28, 2013</a></blockquote> <script async src="//platform.twitter.com/widgets.js" charset="utf-8"></script>
Completely agreed. I've been saying for a while now that I blame the Astros for not getting Astros' games on the air...and I blame the Rockets for not getting Rockets' games on the air. Here's where I'm just left to speculate. I have no idea what has actually been offered. I have no idea what the Astros would be willing to accept. A deal hasn't been reached, and I have no clue how legit the offers made by the other providers were...or how low the Astros were ultimately willing to go. They clearly haven't found a price point they can meet at, though.
Have to say, I'm most impressed by Barron's smart phone connection. The Federal Court building is very difficult to get a signal in...built like the hull of a ship to withstand floods along the Bayou. He's using alien technology to send tweets out.
