NAB: Exclusivity Is Lynchpin of Localism

The National Association of Broadcasters says it can't figure out why the Federal Communications Commission is branding the syndicated exclusivity and network non-duplication rules old regulations in need of scrapping, but doesn't view other rules whose absence could help broadcasters in the same light. That came in response to an FCC order circulated Aug. 12 to get rid of the rules, which prevent pay TV providers from importing duplicative syndicated or network programming into local TV markets. Cable operators have been pushing for the regulations' elimination so they could potentially offer alternatives during retransmission impasses or blackouts.

"Exclusivity rules are a lynchpin of the local broadcast business model and help sustain viewer access not only to high-quality network entertainment programming," said NAB spokesman Dennis Wharton, "but also to local news and lifeline information. The order currently circulating at the Commission imposing changes to these rules would threaten the vibrancy of our uniquely free and local broadcast system." NAB argues that the rules are needed to protect localism and that contractual remedies are not sufficient given the expense of litigation and “conflicting incentives for enforcement.”