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Elon Musk Takes a Page Out of Mark Zuckerberg’s Social Media Playbook

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Elon Musk Takes a Page Out of Mark Zuckerberg’s Social Media Playbook

Elon Musk has positioned himself as an unconventional businessman. When he agreed to purchase Twitter this 12 months, he declared he would make the social media service a spot for unfettered free speech, reversing a lot of its guidelines and permitting banned customers like former President Donald J. Trump to return.

However since closing his $44 billion buyout of Twitter final week, Mr. Musk has adopted a surprisingly typical social media playbook.

The world’s richest man met with greater than six civil rights teams — together with the N.A.A.C.P. and the Anti-Defamation League — on Tuesday to guarantee them that he is not going to make adjustments to Twitter’s content material guidelines earlier than the outcomes of subsequent week’s midterm elections are licensed. He additionally met with promoting executives to debate their issues about their manufacturers showing alongside poisonous on-line content material. Final week, Mr. Musk mentioned he would type a council to advise Twitter on what sorts of content material to take away from the platform and wouldn’t instantly reinstate banned accounts.

If these selections and outreach appear acquainted, that’s as a result of they’re. Different leaders of social media firms have taken related steps. After Fb was criticized for being misused within the 2016 presidential election, Mark Zuckerberg, the social community’s chief government, additionally met with civil rights teams to calm them and labored to mollify irate advertisers. He later mentioned he would set up an impartial board to advise his firm on content material selections.

Mr. Musk is in his early days of proudly owning Twitter and is anticipated to make massive adjustments to the service and enterprise, together with shedding a number of the firm’s 7,500 staff. However for now, he’s partaking with most of the identical constituents that Mr. Zuckerberg has needed to over a few years, social media consultants and heads of civil society teams mentioned.

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Mr. Musk “has found what Mark Zuckerberg found a number of years in the past: Being the face of controversial massive calls isn’t enjoyable,” mentioned Evelyn Douek, an assistant professor at Stanford Legislation Faculty. Social media firms “all face the identical pressures of customers, advertisers and governments, and there’s all the time this convergence round this widespread set of norms and processes that you just’re pressured towards.”

Mr. Musk didn’t instantly reply to a request for remark, and a Twitter spokeswoman declined to remark. Meta, which owns Fb and Instagram, declined to remark.

At Tuesday’s assembly with civil rights teams, which Mr. Musk held over a videoconferencing service, the discussions centered on subsequent week’s midterm elections and his method to content material moderation, mentioned Derrick Johnson, the president of the N.A.A.C.P.; Rashad Robinson, the president of Shade of Change; and Yael Eisenstat, who heads the Heart for Expertise & Society on the Anti-Defamation League. All three attended the decision.

Through the 45-minute dialogue, the group requested Mr. Musk for a multimonth moratorium on adjustments to Twitter’s insurance policies and enforcement processes associated to elections, hate speech and harassment — at the very least till the midterm election outcomes had been last and “he has his home so as,” Ms. Eisenstat mentioned.

In addition they requested that Mr. Musk block the return of anybody who had been faraway from Twitter for violating guidelines or inciting violence till he created a clear course of for doing so, she mentioned.

Mr. Musk “seemed to be actively engaged and actively listening all through the whole assembly,” Ms. Eisenstat mentioned. She added that Mr. Musk had advised the group that he didn’t need Twitter to be a “hate-amplifier” and invited the members on the decision to affix his proposed content material moderation council.

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“He made it appear as if he desires to proceed this dialogue,” she mentioned.

Mr. Musk additionally advised the group that he wouldn’t make adjustments to Twitter’s insurance policies or reinstate banned accounts earlier than the ultimate outcomes of the vote, the attendees mentioned.

The billionaire was receptive to the issues raised by the civil rights organizations, Mr. Johnson and Mr. Robinson mentioned. However they added that their teams had been ready to see what actions Mr. Musk may take.

“We had been pleasantly stunned together with his verbal receptiveness with the issues that we raised, and now we wish to see the end result,” Mr. Johnson mentioned.

Mr. Musk, who has been working with a gaggle of advisers as he takes over Twitter, has additionally had discussions with advertisers in current days. Twitter makes about 90 % of its income from digital promoting. Whereas Mr. Musk has mentioned he desires to scale back how a lot the corporate depends on promoting, he’s below stress to enhance Twitter’s funds shortly due to debt repayments he should make for the buyout.

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“We’re having a really productive day assembly with the advertising and marketing and promoting group right here in New York,” Jason Calacanis, an investor who’s advising Mr. Musk on Twitter, mentioned in a tweet on Monday.

Some advertisers have been cautious of Mr. Musk’s Twitter if it takes an anything-goes method to speech. IPG, one of many world’s largest promoting firms, really useful this week that purchasers quickly pause their spending on Twitter as Mr. Musk takes over. Normal Motors mentioned final week that it was quickly suspending promoting on Twitter.

Different social media companies have beforehand grappled with advertiser backlash over dangerous content material on their platforms. Final 12 months, greater than 1,000 advertisers boycotted Fb after civil rights teams organized a #StopHateForProfit marketing campaign to protest the platform’s dealing with of hate speech and misinformation.

Even Mr. Musk’s transfer to create a council to advise on content material moderation selections echoed that of different social media firms. In 2020, Fb established an oversight board made up of former political leaders and human rights activists to deliberate the corporate’s content material selections. On the time, Mr. Zuckerberg mentioned that he didn’t wish to have last say over what speech could be allowed on the social community and that the corporate’s moderation selections may very well be appealed to the oversight board.

The oversight board has since issued rulings on selections equivalent to Fb’s barring of Mr. Trump’s account after the Jan. 6, 2021, riot on the U.S. Capitol.

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Mr. Musk is poised to take an analogous method. “Twitter’s content material moderation council will embrace representatives with broadly divergent views, which will definitely embrace the civil rights group and teams who face hate-fueled violence,” he mentioned in a tweet on Tuesday night.

Nonetheless, Mr. Musk left open the opportunity of ultimately reinstating banned accounts. “Twitter is not going to permit anybody who was de-platformed for violating Twitter guidelines again on platform till we’ve got a transparent course of for doing so, which is able to take at the very least a couple of extra weeks,” he mentioned.

He additionally expressed help for some present Twitter options, together with Birdwatch, a community-based initiative that lets folks establish data in tweets they consider is deceptive and write notes with extra context. The initiative continues to be present process testing however is being rolled out to some high-profile tweets.

“Our objective is to make Twitter essentially the most correct supply of knowledge on Earth, with out regard to political affiliation,” Mr. Musk tweeted on Wednesday.

Sheera Frenkel contributed reporting.

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Column: With Democratic assent, House votes to open loopholes in crypto regulation

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Column: With Democratic assent, House votes to open loopholes in crypto regulation

Money, as we all know, is the mother’s milk of politics in America. It can look even more nourishing if you can manufacture it yourself.

That’s surely what accounts for the solicitude that the cryptocurrency industry has been receiving from Congress.

The House on Wednesday passed a law reducing regulation of crypto, despite ample evidence that the asset class has been a haven for fraudsters, extortionists and worse.

The law will “make the United States safer for drug traffickers, for terrorist funders, for child and drug traffickers and those who buy and sell child pornography,” said Rep. Sean Casten (D-Ill.), listing a few of the documented users of crypto in recent years. “I did not know those groups had such proud advocates in Congress.”

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The crypto industry’s record of failures, frauds, and bankruptcies is not because we don’t have rules or the because the rules are unclear. It’s because many players in the crypto industry don’t play by the rules.

— SEC Chairman Gary Gensler

Casten may find himself in the House minority in more ways than one. Crypto promoters have managed to peel several Democrats in the House and Senate away from the party’s strong opposition to reducing regulations on the asset class.

Earlier this month, bipartisan majorities in both chambers voted to roll back a two-year-old Securities and Exchange Commission guideline for how financial institutions should account for crypto assets left in their care by customers. President Biden said he would veto the change, and the majorities in neither chamber were large enough to overrule a veto.

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The congressional crypto caucus handed the industry another victory Wednesday, when the House passed the Financial Innovation and Technology for the 21st Century Act, known as FIT21. The vote was 279 to 136, with 71 Democrats joining the Republican majority.

The measure’s fate is unsure in the Senate, which hasn’t yet taken it up. Biden has stated his opposition to FIT21 but hasn’t promised a veto, which the crypto gang and its supporters seem to think is a big victory. Biden said that he was willing to negotiate a regulatory system that protects crypto consumers and investors without unduly interfering with innovation, but “further time will be needed.”

If it becomes law, FIT21 would deliver to crypto promoters their most heartfelt desire: removing them from the jurisdiction of the powerful SEC and transferring oversight to the chronically underfunded and understaffed Commodity Futures Trading Commission.

Their goal is understandable, since the SEC has been explicit about its intention to regulate crypto as securities, subjecting the asset class to the disclosure rules and safeguards against fraud that have made the traditional financial markets in the U.S. the safest in the world.

During Wednesday’s floor debate, the bill’s advocates talked of the virtues of freeing an innovative technology from “overzealous regulators” — that was Rep. Cathy McMorris Rodgers (R-Wash.), mouthing words that could have been dictated to her by crypto executives — and relieving them of “regulatory uncertainty.”

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SEC Chairman Gary Gensler put the latter claim to rest in a statement about FIT21 he issued Wednesday a few hours before the vote. “The crypto industry’s record of failures, frauds, and bankruptcies is not because we don’t have rules or because the rules are unclear,” he stated. “It’s because many players in the crypto industry don’t play by the rules.”

The bill’s advocates tried to pump up the importance of crypto as a financial asset with claims that 20% of Americans are crypto owners. There’s no evidence for this. On the contrary, the Federal Reserve has found that interest in crypto among ordinary Americans is weak and fading.

In its most recent survey of the economic condition of U.S. households, issued this month, the Fed determined that only 7% of Americans bought or held crypto as an investment (down from 11% in 2021) and only 1% had used it to buy anything or make a payment. That underscores the most important truth about crypto, albeit one its promoters seldom acknowledge: No one has yet identified a genuine purpose for crypto in the real world.

“The entities that stand to benefit from this bill are not ordinary investors trying to build wealth,” Rep. Maxine Waters (D-Los Angeles), the ranking Democrat on the House Financial Services Committee, said from the House floor Wednesday, “but rather the crypto firms. … They have already made billions of dollars unlawfully issuing or facilitating the buying and selling of crypto securities.”

Waters accurately described the effect of FIT21 as placing crypto effectively into a regulatory “no man’s land.” She described the bill as “an extreme MAGA libertarian approach, where companies can operate without regulatory scrutiny, and consumers and investors are on their own on detecting and avoiding fraudulent schemes.”

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What’s most striking about the push for FIT21 is that it comes so closely on the heels of major scandals in the crypto space. Sam Bankman-Fried, the founder of the crypto firm FTX, was sentenced in March to 25 years in jail for crypto fraud, after having been convicted in November on seven federal counts related to fraud.

During the heyday of FTX, Bankman-Fried appeared before congressional committees to promote a tailor-made regulatory scheme for crypto bearing close resemblance to the one embodied in FIT21.

Just last month, Changpeng Zhao, founder of the international crypto firm Binance, was sentenced to four months in prison on federal money-laundering charges; Zhao had earlier agreed to pay a $50-million fine, and Binance settled the government case against it for $4.3 billion.

The SEC is pursuing a lawsuit against the crypto exchange Coinbase for selling unregistered securities. In March, federal judge Katherine Polk Failla denied the firm’s motion to quash the case. Her reasoning effectively explains why FIT21 is not only unnecessary, but harmful: “The ‘crypto’ nomenclature may be of recent vintage,” she wrote, “but the challenged transactions fall comfortably within the framework that courts have used to identify securities for nearly eighty years.”

The counterweight to the arguments against FIT21 is cash — the green variety, not the notional type marketed by cryptocurrency firms. Three super PACs formed by crypto executives and investors have raised about $85 million to spend on 2024 political races.

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The financial potency of this industry’s campaign spending isn’t in question. One of the PACs, Fairshake, spent more than $10 million over the last year in opposition to Rep. Katie Porter (D-Irvine) in her race for the Democratic nomination for U.S. Senate.

Porter was known as a strong critic of crypto. In 2022 she joined Sen. Elizabeth Warren (D-Mass.) — the most vociferous crypto critic on Capitol Hill — in an investigation of how crypto “mining” by computer had affected the energy grid in Texas and raised energy prices for consumers.

Porter lost the Senate race. Her victorious opponent in the primary, Rep. Adam Schiff, has taken a much more indulgent position toward crypto, listing it on his campaign website among the “new developments in technology … we need to grow” in order to keep jobs and regulatory oversight in U.S. hands.

In the current congressional election cycle, Fairshake has made $702,300 in donations to Democratic campaigns and $551,700 to Republicans. Its largest single recipient is Rep. Patrick McHenry (R-N.C.), chairman of the House Financial Services Committee and sponsor of FIT21. His campaign has received $126,626 even though he has announced that he is not running for reelection this year and retiring from Congress.

In his statement, Gensler tried to strengthen the lawmakers’ understanding of the risks they were endorsing with the measure. The bill would “create new regulatory gaps and undermine decades of precedent” in the regulation of investment contracts, he wrote, “putting investors and capital markets at immeasurable risk.”

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It would allow crypto promoters to “self-certify” that their products lay outside traditional regulations and give the SEC only 60 days to respond. By removing crypto trading platforms from the regulatory structure overseeing stock and bond exchanges, it would open the door to conflicts of interest by reducing consumer protections against the platforms commingling their funds with client funds.

The bill also exempts crypto promoters from rules requiring risky investments to be offered only to accredited investors—those with a net worth of more than $1 million, not counting their primary residence, or income over $200,000 (for couples, $300,000) in each of the prior two years.

The cynical device FIT21 uses to neuter the SEC’s oversight of crypto investments is to turn that task over to the CFTC. As the regulatory watchdog Better Markets observes, the CFTC has a budget of only $365 million, versus the SEC’s $2.1 billion, and fewer than 700 employees, compared to the SEC’s approximately 4,500 staffers).

The bill “would heap a whole new set of responsibilities on the CFTC, making it the de facto regulator of countless new crypto exchanges and broker-dealers,” Better Markets wrote, even though the CFTC “does not have the funding to fulfill all its current statutory mandates.”

The debate Wednesday that preceded the House passage of FIT21 was typically tone-deaf and filled with fictitious and factitious assertions. Rep. Mike Flood (R-Neb.) invoked the FTX scandal, which saw billions of dollars in clients’ and investors’ crypto deposits illegally appropriated by the firm’s leaders. “We need to ensure that there are the protective rules that prevent anything like that happening again,” he said.

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Flood asserted that, under FIT21, FTX would have been barred from registering as an exchange, and it would not have been able to commingle its funds with those of its clients. One wonders what he was talking about. FTX was barred from registering as an exchange, and didn’t do so. Why? Because Bankman-Fried, its founder, knew that to do so would have subjected the firm to SEC oversight, which no one in crypto wants to undergo.

As for commingling funds, it’s already illegal — it’s one of the practices that landed Bankman-Fried in prison.

The bottom line is very clear. There’s no justification for bestowing on crypto a hand-manufactured regulatory scheme all of its own. Its promoters have no argument other than to claim that they need regulation-lite to foster “innovation,” when the result will be to facilitate the cheating of customers, laundering money or lubricating ransomware attacks like the one that has disrupted the crucial operations of the UnitedHealth Group subsidiary Change Healthcare, which manages reimbursement processes for medical providers nationwide.

If there’s a corner of the financial world crying out for tougher regulation, it’s crypto. For Congress to even contemplate a slackening of the regulation that already exists is nothing short of absurd. But Congress doesn’t respond to practicalities; it responds to money. That’s the only driver of efforts like FIT21.

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Would breaking up Live Nation and Ticketmaster actually lower concert ticket prices?

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Would breaking up Live Nation and Ticketmaster actually lower concert ticket prices?

The U.S. Department of Justice’s effort to break up Live Nation and Ticketmaster has been a long time coming, following years of complaints from concertgoers who say they’ve been squeezed by exorbitant prices and hidden fees when trying to buy passes to see Taylor Swift, Beyoncé and other music megastars.

Ever since the government cleared the merger of concert promoter Live Nation and ticketseller Ticketmaster in 2010, there have been demands from consumer advocates to cleave them. The Justice Department argues that the combination is a monopoly that has resulted in harm for music fans and has clamped down competition in the multibillion-dollar live music market.

Live Nation says the arguments are off-base and will probably fail in court. Either way, it will take a long time for the case to wind through the legal system.

Why is the government suing Live Nation?

The Justice Department has raised concerns that Live Nation and Ticketmaster have retaliated against competitors and new entrants and locked out competition with exclusionary contracts.

“The result is that fans pay more in fees, artists have fewer opportunities to play concerts, smaller promoters get squeezed out, and venues have fewer real choices for ticketing services,” said Atty. Gen. Merrick B. Garland. “It is time to break up Live Nation-Ticketmaster.”

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Beverly Hills-based Live Nation, the world’s largest concert company, has long been a target for government scrutiny.

When the U.S. approved the 2010 merger, it did so after the companies agreed to a settlement meant to ensure fair competition in the ticketing marketplace and prohibit Live Nation from retaliating against venue owners that decided to defect to competitors. The consent decree was extended and amended in 2019.

But this time, the government is going hard at the company. In its Thursday lawsuit, the U.S. accused Live Nation of various anticompetitive practices and said the company uses its market dominance to impose fees on consumers and pressure artists to use its services.

The suit comes amid a wave of antitrust action from the Biden administration, which has sought to curb the power of conglomerates and Big Tech. The U.S. government has filed other cases against tech giants including Apple, Amazon and Google, taking them to task for their alleged impact on competition.

Live Nation said that the lawsuit will not solve issues related to ticket prices, service fees or access to in-demand shows.

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“Calling Ticketmaster a monopoly may be a PR win for the DOJ in the short term, but it will lose in court because it ignores the basic economics of live entertainment, such as the fact that the bulk of service fees go to venues, and that competition has steadily eroded Ticketmaster’s market share and profit margin,” Live Nation said in a statement.

Would breaking up Live Nation lower prices?

Several industry observers who spoke to The Times expressed doubt that the lawsuit would significantly reduce prices for consumers.

Brandon Ross, an analyst at research firm LightShed Partners, said that artists decide how much they want to charge for a tour and then the promoter buys the tour from them. Due to Live Nation’s large scale, it is able to take a lower profit margin, with most of the money going back to the artist, Ross added.

“There is an efficiency in having a large player in the industry,” Ross said. “If that goes away, then that’s going to come out of either the artist’s take, or the artists are going to charge consumers even more.”

Artists like Swift and Bruce Springsteen are able to charge big sums for tickets because the concerts are one-time events, and some people are willing to pay. Because of supply and demand, tickets resold on the secondary market can be much higher than face value.

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But James Sammataro, co-chair of Pryor Cashman’s music group, said he believes the lawsuit could address issues such as excess ticketing fees.

“What’s really harming the consumer is all these excess fees and the restrictions on getting the tickets,” Sammataro said. “For most artists, these ‘increased prices’ aren’t really benefiting the artists. In many cases, it’s alienating their core ticket buyers and their core audience.”

There is a larger issue in the music industry of concert tickets being bought at face value by scalpers and resold on secondary markets for astronomical prices.

It’s leading to two classes of music fans: those who can afford to pony up and those who can’t.

Meanwhile, many promoters left the industry after getting clobbered by the pandemic, which shut down or restricted many live events. Some smaller music artists have also been hurt by the lack of competition among promoters and are not given opportunities to play at larger venues, Sammataro said.

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“The overall effect is that it leads to a very tilted playing field where it’s difficult for promoters to compete,” Sammataro said. “And when you have a lack of competition, essentially like the basis of predatory pricing, ultimately there’s going to be long term gouging.”

Could the company actually be broken up?

Anything is possible, but there is one thing everyone agrees on: This legal battle will be a long fight.

“Antitrust litigation can be long and protracted,” said Eric Enson, an antitrust partner at Crowell & Moring. “I expect that this will be a matter of years and not months.”

Music industry expert Bill Werde, who runs the music business program at Syracuse University, cautioned that splitting up such a large enterprise wouldn’t be easy, and it’s unclear what the businesses would look like after being disentangled from one another more than a decade after merging.

“They make their margin in ticketing and sponsorships, so if you break up this company, … I don’t know how Live Nation the concert promotion business necessarily lives and thrives independent of this high-margin ticketing business,” said Werde, who also publishes a weekly newsletter.

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But even if it could lose, there are reasons the government might be motivated to go after the company in an election year. As Werde and other experts were quick to point out, there’s nothing that unites people like hating Ticketmaster.

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With new Charter Spectrum distribution deal, Paramount breathes a sigh of relief

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With new Charter Spectrum distribution deal, Paramount breathes a sigh of relief

Paramount Global and Charter Communications have agreed to a new distribution deal for Paramount’s CBS network and cable channels, easing a concern that had threatened to complicate the media company’s sale talks.

The last three-year contract covering CBS and Paramount’s 25 cable networks expired April 30, but the two sides continued negotiations, sparing Charter’s Spectrum customers from another disruptive blackout. Last summer, a breakdown in separate talks between Charter and Walt Disney Co. resulted in Disney channels, including ESPN, going dark for 10 days for Spectrum subscribers.

While Paramount has less pull than Disney, the company still benefits from the strength of its CBS network and its entertainment schedule; news programs, including “CBS News Sunday Morning” and “60 Minutes”; and sports, including golf and the NFL.

As part of the deal, the companies said ad-supported versions of Paramount+ Essential and BET+ Essential would be included at no additional cost to Charter’s Spectrum TV customers. Charter also will make Paramount’s direct-to-consumer products available for purchase to its Internet-only customers.

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“This innovative deal celebrates our mutual commitment to deliver flexibility, choice and value for audiences everywhere, and we look forward to bringing even more of our fan-favorite programming to Spectrum customers through our direct-to-consumer streaming services for the first time,” Ray Hopkins, Paramount’s president of U.S. Networks Distribution, said in a statement.

The Charter deal marked the first major accomplishment for Paramount since Chief Executive Bob Bakish was ousted late last month and three division leaders, comprising the “Office of the CEO,” began running the company.

For investors, it was a shot of good news during a turbulent cycle as Paramount board members have been mulling whether to pursue a complicated and controversial two-phase merger with David Ellison’s Skydance Media or accept a separate buyout bid from Sony Pictures Entertainment and Apollo Global Management.

Sony and Apollo have offered $26 billion, including the assumption of debt. Sony and Apollo are known to be cost-conscious buyers; they want to scrutinize Paramount’s financial picture, including details of the Charter distribution pact, before arriving at a valuation, according to people close to the process who are not authorized to comment publicly.

Both Charter and Paramount had plenty to lose if they had been unable to reach a new agreement.

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Charter’s stock has tumbled more than 25% year-to-date, weighed down by concerns about weakness in its broadband internet and wireless phone business, as well as further erosion in pay TV subscribers — a trend that has had wide-reaching financial implications.

Audiences have been migrating away from general-entertainment cable channels, including BET, MTV and Nickelodeon, making them less valuable to distributors such as Charter.

Analysts have long viewed Paramount’s channels as among the weakest in the industry because they largely run low-cost reality programming, a genre that television executives say has suffered from oversaturation and higher-end competition from streaming companies, such as Netflix.

Recent Nielsen ratings shows how Paramount’s cable channels have fallen out of favor with audiences. Only three of the company’s channels — TV Land, TV Land Classic and Nick at Night — rank in the Top 20, in terms of total viewers. TV Land plays reruns of series including “King of Queens,” “Seinfeld” and “Everybody Loves Raymond.” Comedy Central and the Paramount Network lag behind, rounding out the Top 30.

Connecticut-based Charter’s executives, including Chief Executive Christopher L. Winfrey, were loath to agree to a new pact that would significantly raise fees for subscribers who continue to pay for their channel bundles. Winfrey also has demanded that programmers give Spectrum customers access to subscription services that provide network programming.

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“From the outset, Paramount has embraced Charter’s goal of evolving the video distribution model, and we have appreciated their willingness to collaborate on a solution that benefits our mutual customers and the video industry as a whole,” said Tom Montemagno, Charter’s executive vice president of programming acquisition.

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