The retransmission consent system is outdated and the resulting blackouts...

by Sen. Jim DeMint, R-S.C., and Rep. Steve Scalise, R-La. The federal government should not have its “thumbs on the scale,” controlling how negotiations are done, Moylan said. Instead of “retinkering the scales,” the DeMint/Scalise legislation gets “rid of the hurdles.” The legislation is “not a silver bullet” and there will still likely be some arguments and blackouts, he said. However, Navigent Economics Managing Director Jeffrey Eisenach warned against “blowing up” the current system, which he said is working fine and doesn’t need fixing. Repealing it would force companies seeking to carry content to negotiate “an incredibly complex set of contracts” with the original content owners, he said. The DeMint/Scalise bills don’t propose “a movement to the free market” because retrans deals are already privately negotiated and the FCC’s job is only to enforce them, he said. Moylan said it’s doubtful the DeMint/Scalise legislation will pass during this Congress. The path to passage this year “is going to be difficult,” he said. “But I think it’s important that they've laid down this marker now.” DeMint’s possible ascension to chairman or ranking member of the Senate Commerce Committee (see separate report in this issue) increases the chances of getting a “fair hearing” for the proposal, he said.