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Bundling, Early Termination Fees Also Hurt Diversity, RFD-TV Says

Along with addressing most-favored-nation and alternative distribution method (ADM) provisions in its diverse programming NPRM, the FCC should tackle the problems caused by bundling and by early termination fees charged customers, RFD-TV/FamilyNet executives told staff in a series of meetings,…

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said an ex parte filing posted Tuesday in docket 16-41. Many ADM clauses restrict independent programmers from distributing over-the-top content via apps, and prohibiting enforcement of ADM provisions would give FCC set-top box reform "a more meaningful impact," said RFD-TV/FamilyNet representatives including CEO Patrick Gottsch. The programmer also said bundling by large programmers squeezes out independent voices. Multichannel video programming distributors should be blocked from enforcing termination fees when MVPDs drop programming or at the very least be required to provide notice to customers of any upcoming programming loss as far in advance as the period when early termination fees would apply. RFD-TV/FamilyNet met with aides to Commissioners Mignon Clyburn, Mike O'Rielly, Ajit Pai and Jessica Rosenworcel and to Chairman Tom Wheeler, and with Media Bureau staff. A draft indie programming NPRM is circulating (see 1609190032).