I haven't heard anything about Allbritton, although the DOJ did ask for more info. It's my undertstanding that the Cable Companies do not have to carry the Broadcasters. The Broadcaster gets to choose between "Must Carry" or open negotiations. Years ago they chose must carry, but today they all negotiate. I don't see how the Cable or Satellite guys could use Aereo. They simply are not allowed.
I don't understand what you're saying. First you say that the broadcaster gets to choose between must carry and negotiate. Then you say the operators are simply not allowed to use aereo. For a moment, forget whether aereo is allowed to use aereo - the Supreme Court will tell us that answer in 6 months or so. But if the broadcasters do not choose must carry and demand a retrans price that an MSO does not agree to pay, what's to stop the MSO from creating its own antenna farm and letting customers pick up the signal.
First, I don't think this will happen, not for years. The technology is certainly not usable today by an MSO. Also, they might not have room for the antennas - here I'm thinking of CVC - where would they possibly put the antennas? It's not like there's lots of cheap space available in the NYDC metro area. Then there's a separate legal issue that aereo doesn't face - if an MSO were to set up an antenna farm, could it use its cable plant to transmit the antenna signal or would it have to create a separate distribution system? Maybe someone could build an antenna into a set top box for use in bypassing the broadcaster's cable signal? And the MSOs would have to fulfill their current contracts before even starting any aereo-type operation. So this is long time away, and those problems are not what I'm talking about. I'm asking why you say "they are simply not allowed." If the broadcasters opt out of must carry, why are the MSO's simply not allowed?