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NAB/NCTA Carriage Election Proposal Seen Facing Mixed Reception

The NAB/NCTA carriage election notification process proposal (see 1812100051) likely faces mixed feedback, as industry officials and others we spoke to aren't of one mind about it. Comments are due Jan. 7, replies Jan. 17, said an FCC public notice…

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Thursday. The proposal seems reasonable, said broadcast lawyer Jack Goodman. He said one difficulty broadcasters can have with elections is figuring out where to send notices, and it's common to have registered letters bounce back undelivered and the correct address tough to find. American Cable Association believes in two-way communications electronically between cable operators and broadcasters for required notices, but plans to file comments offering recommendations for minimizing burdens on smaller cable systems, said Senior Vice President-Government Affairs Ross Lieberman. The agency is likely giving the joint proposal serious consideration, since it would fit into Chairman Ajit Pai's overall rubric of deregulation, said cable lawyer Craig Gilley of Mintz Levin. A direct broadcast satellite expert said questions remain why stations are pursuing changes in the election notification process since the status quo of certified letters is a small obligation. He said certified mail is a less questionable route for delivery than an electronic one. The proposal could run into some problems for going beyond what the FCC proposed, a cable industry executive said. The FCC had asked about switching notice delivery mechanisms, and it's questionable whether doing away with notices altogether fits that or is a proposal that would require its own NPRM, the executive said. The agency said it will look at the joint proposal, comments on it, and previous comments received in response to the NPRM.