Commissioner Clyburn's Remarks at the FCC Video Marketplace Workshop

Independent and diverse programmers from every conceivable ideological spectrum, say that when it comes to offering much requested, desired and needed niche programming to the masses, they face insurmountable challenges when it comes to program carriage. These challenges range from simply being able to acquire carriage; to difficulty receiving fair or reasonable contract terms; to prohibitions on growing their online distribution model because
program distribution access is often restricted via contract.

Is there an answer for those frustrated consumers seeking more diverse programming, as well as programmers looking to expand their reach to more households? Is there a disconnect and if the answer is yes, where is it? And does this all mean that our existing system is broken\ and if so, who should fix it? These questions were among the many, that led me to push for the Notice of Inquiry adopted by the Commission this past February. This fact-finding exercise, asked many important questions, including whether Section 257 of the Communications Act provided the Commission with authority to impose regulations aimed at improving programming diversity. The NOI also asked whether the use of alternative distribution method (ADM) and most favored nation (MFN) clauses thwart competition, diversity or innovation.