The US’ biggest broadcast TV owner is fighting back after the Federal Communications Commission proposed a forfeiture of $720,000 over the renewal of consent for the retransmission of its stations in Honolulu, Hawaii.
Nexstar Media Inc. has formally requested the fine be lessened or dropped altogether after the FCC Media Bureau Chief Holly Saurer alleged a breach of good faith in retransmission consent negotiations with Hawaiian Telcom Services Company, Inc. (HTSC).
Nexstar challenges the FCC’s decision, which involves six stations, on two fronts.
First, it disputes the FCC’s determination of a violation concerning the good faith negotiation requirement. Nexstar contends that its negotiations with HTSC were conducted in good faith, particularly noting that its proposal for a mutual release provision – aimed at resolving the dispute as part of a renewal agreement – was reasonable under the circumstances.
Second, Nexstar argues that the forfeiture amount is excessive, exceeding the FCC’s authority and failing to adhere to principles of rationality and fairness.
The disagreement arose during negotiations between Nexstar and HTSC in May 2023. After Hawaiian Telcom’s requests for a week-long extension were denied, and subsequent short-term extensions failed to lead to an agreement, they halted transmission of Nexstar’s stations. This led to Hawaiian Telcom’s complaint to the FCC in July and an amended complaint following new proposals from Nexstar, which culminated in the current forfeiture proposal.
Despite reaching a renewal agreement without the contested mutual release provision, the FCC issued a Notice of Apparent Liability to Nexstar, primarily focusing on a component of the proposed release provision that would restrict further FCC complaints related to the negotiation and renewal agreement.
