The current retransmission consent regime is broken and...
The current retransmission consent regime is broken and in need of congressional fixing, USTelecom told Senate Commerce Committee Democratic and Republican leaders in comments submitted about the reauthorization of the Satellite Television Extension and Localism Act. STELA reauthorization “presents a…
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unique opportunity for Congress to address acute problems in the legal framework governing the retransmission consent process,” USTelecom said (http://bit.ly/1l7SCiB). It criticized broadcasters for their negotiating strategy and urged Congress to “eliminate broadcaster preferences and take government’s thumbs off the scale in the retransmission consent process by moving instead to true and free negotiations between broadcasters and” multichannel video programming distributors, and also criticized the rules surrounding must-buy and basic tier placement, suggesting they bring “imbalance” to retrans negotiations. It urged Congress to forbid joint broadcaster negotiation, to allow distant-signal importation and to adjust or kill the sweeps week rule. NAB has defended its retrans negotiations and in its own comments backed clean reauthorization of STELA that doesn’t include provisions on retrans. Coalitions of broadcast and pay-TV stakeholders, meanwhile, continued to pummel each other in blog posts about what provisions should or shouldn’t go into STELA. “If pay-TV is granted its ‘wish-list’ of regulatory add-ons as part of the STELA reauthorization process, it would ultimately tilt the regulatory playing field in their favor over TV broadcasters in retransmission consent negotiations,” a spokesman for TVFreedom, a coalition of broadcast interests, wrote in a blog post (http://bit.ly/1duhnNT) Thursday, calling for a clean STELA reauthorization. “What will the excuse be to consumers if pay-TV operators get the legislative add-ons and lopsided policy changes they are seeking on retransmission consent and no longer have the luxury of blaming broadcast TV for rising monthly bills?” The American Television Alliance, which represents many pay-TV industry interests, is planning to post another blog post soon, its spokesman told us. That post attacks broadcaster claims about the basic tier, bundling and sidecar agreements as illustrative of what ATVA calls dishonesty. “Broadcasters are lobbying to keep negotiations heavily in their favor,” the ATVA post will say. “When they lobby to keep ‘basic tier’ mandates, protect bundling, and prevent any rules that would prohibit ’sidecar’ ownership arrangements, their hypocrisy is exposed. They don’t want a free market; their business depends on decades-old government regulations in their favor.” Both NAB and NCTA have endorsed the one STELA draft bill that has been introduced so far in the House.