Retransmission Consent Notice

As expected, the FCC has voted to seek comment on four primary issues relating to retransmission consent:

1)    Good Faith Negotiation Rules -- whether and how the FCC should further define its requirement that broadcasters and pay TV providers negotiate retrans in good faith.

2)    Consumer Notification Rules -- ways to improve the FCC’s consumer notification rules (which currently require 30-day notice to consumers of changes to their channel line-ups, and apply only to cable operators).

3)    Sweeps Rule -- whether the FCC’s rule prohibiting cable operators from dropping broadcast signals from their channel lineups during sweeps periods should be expanded to other pay TV providers.

4)    Network Nonduplication/Syndicated Exclusivity Rules -- the potential benefits and harms of eliminating the network nonduplication and syndicated exclusivity rules, including whether elimination of these rules could harm localism.

Significantly, in initiating this proceeding, the FCC acknowledged the limited scope of its authority to regulate retransmission consent. Several Commissioners noted that the FCC does not have the authority to approve certain changes sought by pay TV providers, such as allowing pay TV providers to carry broadcast signals without broadcaster consent and mandating arbitration.

NAB will follow these issues closely and actively participate in the rulemaking proceeding.