The latest version of the nation’s satellite rules, as voted into law under the STELA Reauthorization Act of 2014, are now being enforced by the FCC.
In a release, the Commission pointed specifically to four items:
It said, “Collectively, those provisions:
(i) extend to January 1, 2020 the good faith negotiation requirements applicable to multichannel video programming distributors (“MVPDs”) and television broadcast stations, and the exclusive contract prohibition applicable to such broadcast stations;
(ii) prohibit same-market television broadcast stations from coordinating negotiations or negotiating on a joint basis for retransmission consent except under certain conditions;
(iii) prohibit a television broadcast station from limiting the ability of an MVPD to carry into its local market television signals that are deemed “significantly viewed” or that otherwise are permitted to be carried by the MVPD, with certain exceptions;1 and
(iv) eliminate the “sweeps prohibition” in Section 614(b)(9) of the Communications Act of 1934, as amended (“the Act”).
RBR-TVBR observation: Two points:
The “good faith negotiation” plank has always been among the most ridiculous “legal” standards we can imagine. It would seem to imply that the FCC is able to peer into the hearts and minds of corporate negotiators and discern their true intent.
What utter balderdash.
How about some evidence instead: In a world in which the vast majority of negotiation failures involve a myriad of different television companies, but only three MVPDs, Sherlock Holmes would not find it a stretch to deduce that the three MVPDs are likely the ones exhibiting a lack of good faith.
On dual stations negotiating in tandem, it is utterly impossible to figure out how the geniuses of Congress arrived at their conclusions.
Usually we are talking about two local TV stations, a big four network affiliate and much smaller station, versus a giant cable or satellite conglomerate of national scope.
Amazingly, Congressional geniuses figured out that the ABC and CW affiliates in market #125, acting in tandem, are going to bring Comcast or TWC or Charter or Dish or DirecTV to their knees!
But that’s only part of it. Of the two sides, one is strictly in it for the money, while the other spends valuable capital and air time providing local news, information, public affairs and emergency programming.
Guess which one the geniuses in Congress sided with? The profit only MVPD companies! The ones whose only boots on the ground in most markets are the ones that are late for appointments.
So great job, Congress! Your failure to grasp what is truly at stake here is awesome.
For the record, we have no beef with the FCC – they’re stuck with this idiotic legislation just like the rest of us.
