FCC Approves Good Faith Retransmission Review Item

The Federal Communications Commission has voted, apparently, to issue its rulemaking proposal revisiting its definition of good faith retransmission consent negotiations. The item is in response to a congressional directive and looks at what should be included in a totality of circumstances test that goes beyond the per se violations already enumerated -- although commenters are hoping the FCC will update/clarify some of those as well.

Apparently the item basically asks questions rather than comes to any tentative conclusions about what should be included in totality of circumstances or be made per se violations. But it has gotten a lot of industry input, particularly from cable and satellite operators. For example, the American Television Alliance, which includes those cable and satellite operators, wants the FCC to declare blackouts, channel and program net bundling, third-party negotiations, withholding online content and more to be not in good faith. Broadcasters say that the system, generally, is in good shape and that consumers should be more worried about escalating cable network prices and customer service issues.