Retransmission consent

The Communications Act prohibits cable operators and other multichannel video programming distributors from retransmitting commercial television, low power television and radio broadcast signals without first obtaining the broadcaster's consent. This permission is commonly referred to as "retransmission consent" and may involve some compensation from the cable company to the broadcaster for the use of the signal. Alternately, local commercial and noncommercial television broadcast stations may require a cable operator that serves the same market as the broadcaster to carry its signal. A demand for carriage is commonly referred to as "must-carry." If the broadcast station asserts its must-carry rights, the broadcaster cannot demand compensation from the cable operator. While retransmission consent and must-carry are distinct and function separately, they are related in that commercial broadcasters are required to choose once every three years, on a system-by-system basis, whether to obtain carriage or continue carriage by choosing between must carry and retransmission consent. (See http://www.fcc.gov/mb/facts/cblbdcst.html)

Coalition Formed to Fight Sinclair/Tribune

Location:
USA, United States

Groups who have already signaled they want the Federal Communications Commission to block the proposed $3.9 billion merger of Sinclair and Tribune have branded that effort under a new group moniker, the Coalition to Save Local Media.

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Sinclair’s Tribune Purchase, Path Paved By Trump

During the same week that President Donald Trump fired the man in charge of the investigation into the Trump Administration’s ties to Russia, Sinclair Broadcast Group, the largest owner of local television stations in the United States, agreed to buy Tribune Media for $3.9 billion. Sinclair is set to acquire Tribune Media’s 42 stations and a prized asset, WGN America, a basic cable and satellite television channel. With the deal, Sinclair will reach more than 70 percent of American households with stations in many major markets, including Chicago, Los Angeles and New York. The proposed deal was made possible by a deregulatory vote by the Federal Communications Commission last month. It seems as though the Trump Administration is paving the way for this conservative-leaning group to have greater influence over our civic discourse as it allows increasing ownership consolidation in the industry.

Five Rule Changes the FCC Should Consider

Location:
Washington, DC, United States
Recommendation:
3

Communications attorney Jack Goodman says now that the Federal Communications Commission is focused on deregulation, his wish list includes changes to ownership reports, must carry/retransmission consent elections, children’s programming reports, ancillary services reports and the local public notice rule.

FilmOn X Appeals Ninth Circuit Panel Decision to Full Court

Location:
Ninth Circuit Court of Appeals, 1010 Fifth Avenue William Nakamura Courthouse, Seattle, WA, 98104, United States
Recommendation:
3

FilmOn X on April 6 sought a full-court re-hearing in the Ninth Circuit Court of Appeals after a three-judge panel of that court in March reversed a lower court decision that FilmOn X was eligible for the same compulsory license to TV programming as cable operators have.

AT&T, DOJ Settle Dodgers Suit

Location:
AT&T, 208 South Akard St, Dallas, TX, 75202, United States
Recommendation:
3

The Department of Justice has reached a settlement with DirecTV parent AT&T in which it agreed not to share "confidential, forward-looking information with competitors."

Dish to Rep Eshoo: We Agree Consumers Shouldn't Be Pawns

Location:
Capitol Building, E Capitol St NE & 1st St NE, Washington, DC, 20001, United States
Recommendation:
3

Not surprisingly, Dish blamed Hearst for the ongoing retransmission consent impasse that kept Hearst stations of the satellite operator. That came in response to a letter from Rep Anna Eshoo (D-CA) late last week.

ACA to FCC: Bundling Is Biggest Diversity Damper

Location:
Federal Communications Commission (FCC), 445 12th Street SW, Washington, DC, 20554, United States
Recommendation:
3

The American Cable Association, joined by some independent programmers, told the Federal Communications Commission in reply comments that forced bundling of channels is the biggest obstacle to a thriving and diverse program marketplace.

American Television Allinace Renews Push for Retransmission Reform

Location:
American Television Alliance (ATVA), Washington, DC, United States
Recommendation:
3

The Federal Communications Commission under Democratic chairman Tom Wheeler declined to undertake retransmission consent reform, but the American Television Alliance appears to be looking for a new view from the new Administration.

The Word Network Aims FCC, FTC Complaints at Comcast

Location:
The Word Network, Southfield, MO, United States
Recommendation:
3

The Word Network has filed complaints against Comcast at the Federal Communications Commission and Federal Trade Commission over Comcast's reduction of its carriage, a representative for the network confirms.

FCC Denies Broadcaster Complaint Against DirecTV Distributor

Location:
Federal Communications Commission (FCC), 445 12th Street SW, Washington, DC, 20554, United States
Recommendation:
3

The Federal Communications Commission has rejected a pair of broadcasters' complaints against a company delivering TV stations to college students but says it could refocus their complaint at DirecTV if they still have a bone to pick.

FCC Confirms Soaring Costs for Video Programming, Retransmission Fees

Location:
Federal Communications Commission (FCC), 445 12th Street SW, Washington, DC, 20554, United States
Recommendation:
3

The average price for basic cable TV service increased 2.3% to $23.79 for the 12-month period ending January 1, 2015, driven in large part by soaring costs for video programming, according to a new Federal Communications Commission pay TV price survey.

Liberman Broadcasting Asks FCC to Reconsider Comcast Complaint Dismissal

Location:
Liberman Broadcasting, 1845 Empire Avenue, Burbank, CA, 91504, United States
Recommendation:
3

Liberman Broadcasting, parent of Spanish-language network Estrella TV, has asked the Federal Communications Commission's Media Bureau to reconsider its decision to reject Liberman's program carriage complaint against Comcast for lack of standing, saying to read a TV broadcast station out of the definition of video programming vendor is illegal.

Sinclair Settles FCC Investigation into Retransmission Negotiation Violations for $9.5 Million

Location:
Federal Communications Commission (FCC), 445 12th Street SW, Washington, DC, 20554, United States
Recommendation:
3

The Federal Communications Commission announced that Sinclair Broadcast Group will pay $9,495,000 to resolve a number of Media Bureau investigations, including the Bureau’s investigation of allegations that Sinclair violated its obligation to negotiate for retransmission consent in good faith.

An Update on Our Review of the Good Faith Retransmission Consent Negotiation Rules

Location:
Federal Communications Commission (FCC), 445 12th Street SW, Washington, DC, 20554, United States
Recommendation:
3

Today I announce that we will not proceed at this time to adopt additional rules governing good faith negotiations for retransmission consent.

Comcast to FCC: Dismiss Estrella TV Complaint

Location:
Comcast, 1500 Market Street, Philadelphia, PA, 19102-2148, United States
Recommendation:
3

In a filing June 7, Comcast has told the Federal Communications Commission that Liberman Broadcasting's (LBI) program carriage complaint related to the mutlichannel video programming distributors (MVPD's) dropping of three TV stations fails on three grounds.

American Cable Association: FCC Should Not Rush ATSC 3.0

Location:
American Cable Association (ACA), One Parkway Center, Pittsburgh, PA, 15220, United States
Recommendation:
3

Small and medium-sized cable operators say the Federal Communications Commission is nowhere near ready to let broadcasters start broadcasting in the ATSC 3.0 transmission standard and needs to consider the costs to smaller operators, potentially in higher retransmission fees.

Statutory Copyright Licenses: Stakeholders' Views on a Phaseout of Licenses for Broadcast Programming

Location:
Government Accountability Office (GAO), 441 G St., NW, Washington, DC, 20548, United States
Recommendation:
3

Congress created statutory licenses as a cost-effective way for operators to air broadcast programming without obtaining permission to do so from those that own the copyrights for this programming. However, changes in the video marketplace have led some industry stakeholders to question the need for the licenses.

American Cable Association: Top-Four Tying Is Retransmission 'Good Faith' Violation

Location:
American Cable Association (ACA), One Parkway Center, Pittsburgh, PA, 15220, United States
Recommendation:
2

Small and midsized cable operators say nothing in the National Association of Broadcasters opposition changes their request that the Federal Communications Commission make certain broadcast retransmission negotiations de facto violations of its good faith standard.

Commissioner Clyburn's Remarks at the FCC Video Marketplace Workshop

Location:
Federal Communications Commission (FCC), 445 12th Street SW, Washington, DC, 20554, United States
Recommendation:
3

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.

NAB President Smith: TV For All, Not Broadband For Some

Location:
National Association of Broadcasters (NAB), 1771 N Street NW, Washington, DC, 20036, United States
Recommendation:
2

National Association of Broadcasters President-CEO Gordon Smith took a shot at the Federal Communications Commission for trying to create an America of television haves and have-nots.

FCC's Retransmission Coin Is Up In The Air

Location:
TVNewsCheck, Chatham, NJ, 07928, United States
Recommendation:
2

Heads, the Federal Communications Commission listens to CBS’s Les Moonves and other broadcasters who are urging it to leave the retransmission rules alone so they can continue to get fee increases. Tails, the agency agrees with Massillon Cable TV's Bob Gessner and other cable operators who contend retransmission needs to be overhauled to decrease broadcasters’ leverage and curtail the fees.

Liberman Broadcasting Filing Carriage Complaint Against Comcast

Location:
Liberman Broadcasting, 1845 Empire Avenue, Burbank, CA, 91504, United States
Recommendation:
2

Liberman Broadcasting, parent of Spanish-language network Estrella TV, is filing a program-carriage complaint against Comcast at the Federal Communications Commission, saying the cable operator violated not only the commission's rules but NBCU merger conditions--Comcast can't discriminate in favor of its own content.

Dish Sues NBCU Over Negotiation Statements

Location:
Dish Network, 9601 South Meridian Boulevard, Englewood, CO, 80112, United States
Recommendation:
3

Dish said that it had filed a breach of contract suit against NBCU over statements NBCU made about their carriage negotiations.

AT&T: Herring $100 Million Suit Is Baseless

Location:
AT&T, 208 South Akard St, Dallas, TX, 75202, United States
Recommendation:
2

AT&T fired back at a lawsuit filed by Herring Networks over carriage issues, calling it baseless and a negotiation tactic.

Senators Criticize FCC Chairman Wheeler Over Unwinding JSAs

Location:
Federal Communications Commission (FCC), 445 12th Street SW, Washington, DC, 20554, United States
Recommendation:
3

In a sharply worded letter accusing him of ignoring their concerns and skirting the law, unhappy Senators from both parties told Federal Communications Commission Chairman Tom Wheeler they were concerned with the FCC's unwinding of grandfathered Joint Sales Agreements (JSAs) as part of license transfers.

ACA’s Broadband Principles

Location:
American Cable Association (ACA), One Parkway Center, Pittsburgh, PA, 15220, United States
Recommendation:
2

] In 2015, the Federal Communications Commission imposed Title II common-carrier regulation on us, in one of the biggest policy shifts in FCC history. This FCC action has divided the industry into hostile camps — ISPs on one side, edge providers on the other.

NAB President: Pay-TV Providers Trying to Pad Their Wallets

Location:
National Association of Broadcasters (NAB), 1771 N Street NW, Washington, DC, 20036, United States
Recommendation:
2

National Association of Broadcasters president Gordon Smith plans to lay into multichannel video programming distributor (MVPDs, or pay-TV providers) in a speech Jan 21.

Broadcast Affiliates to FCC: Leave Good Faith Test Alone

Location:
Federal Communications Commission (FCC), 445 12th Street SW, Washington, DC, 20554, United States
Recommendation:
2

The Big Four broadcast network affiliates are in agreement with the National Association of Broadcasters that the Federal Communications Commission should take a light touch, actually a hands-off approach, in its review of what constitutes good faith retransmission consent negotiations.

Law Professor: FCC Can Mandate Interim Carriage

Location:
Federal Communications Commission (FCC), 445 12th Street SW, Washington, DC, 20554, United States
Recommendation:
2

Northwestern University Law Professor James Speta says the Federal Communications Commission has the authority to compel broadcasters to permit their signals to be carried by mulitchannel video programming distributors (MVPDs, or pay-TV) during retransmission impasses, citing the FCC's broad authority to regulate broadcasting and cable.

TV Viewers Endured Record Number of Blackouts in 2015

Location:
USA, United States
Recommendation:
2

Television viewers around the country endured a record 193 blackouts in 2015, up from 94 the previous year and eight in 2010, due to an intensifying battle between cable companies and the broadcasters who provide a key part of their programming.

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