Promoting Video Programming Diversity

PROMOTING VIDEO PROGRAMMING DIVERSITY
[SOURCE: Federal Communications Commission]
The Federal Communications Commission adopted a Report and Order (Order) which allows consumers to receive a broader and more diverse range of programming from their cable operators. Cable operators are required by statute to set aside channel capacity for commercial use by unaffiliated video programmers (leased access channels). Congress enacted the statute to promote competition in the delivery of diverse sources of video programming and bring about the widest possible diversity of information sources for cable subscribers. The Commission adopted this Order today in response to comments from leased access programmers regarding slow response times to information requests and excessive rates and fees. The Order facilitates the use of leased access channels by adopting more specific leased access customer service standards and increased enforcement of those standards, faster cable operator response times to information requests and more appropriate leased access rates. The Order also expedites the leased access complaint process and improves the discovery process related to leased access disputes. The Commission also adopted a Further Notice of Proposed Rulemaking seeking comments on applying the revised rate methodology to programmers transmitting predominantly sales presentations or program length commercials, which are excluded from today's revisions.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278453A1.doc

* Chairman Martin: "The item we adopt today significantly reforms the Commission's leased access rules. I believe it is important for the Commission to foster the development of independent channels, including those owned by minorities and women."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278453A2.doc

* Commissioner Copps: "In our most recent annual cable price survey, the Commission found that cable systems on average carry only 0.7 leased access channels. This Order tries to remove several obstacles that may be hindering the use of leased access capacity, including clarifying the information that cable operators must be prepared to provide in response to inquiries, and the time in which it must be provided. Another obstacle cited by independent programmers is excessive rates. The Order adopts a new methodology that will lower the rates and make them more affordable."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278453A3.doc

* Commissioner Adelstein: "When I requested that we launch this proceeding to reform the current leased access regime, I did so for two reasons. First, I had heard that many small and independent creators of local and diverse programming could not gain access to and carriage on their local cable systems. And second, while Congress explicitly required the Commission to ensure that leased access opportunities remain available and viable, our rules and practices over the years have made leased access unnecessarily burdensome and, in some instances, prohibitively expensive for many independent programmers. I am, therefore, pleased that the instant Order addresses these problems."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278453A4.doc

* Commissioner Tate: "Allowing programmers to lease time on cable channels is yet another way the FCC encourages program diversity and the dissemination of a variety of viewpoints. It also allows local programmers to have access to cable's audience for the promotion of products and services, as well as airing of local community events. We appreciate the cooperation of cable operators in making these channels available."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278453A5.doc

* Commissioner McDowell: "[T]he majority today attempts to transform leased access into something that economic reality has shown it cannot be: a viable business model for independent and niche programmers to obtain distribution for their channels. The majority lowers leased access rates dramatically, in contravention of both the law and prior Commission findings."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278453A6.doc