Deerfield Weighs Options After FCC Finds Retrans Violations, Proposes Fine

Wednesday. Per the docket 19-168 order in Wednesday's Daily Digest, the FCC rejected the station groups' application for review and proposed a $512,228 fine against each of 18 stations. The commission said the record clearly shows the Deerfield stations repeatedly refused to negotiate carriage or respond to DirecTV proposals, unreasonably delaying the negotiations and causing a blackout. “We disagree with the decision on the merits and its proposed penalties," the outside counsel said. Commissioner Geoffrey Starks said the bureau called it the most egregious example of delay in the good faith negotiation rules' history, so the maximum forfeiture is justified. He said other negotiating parties should be on notice they could face similar penalties for similar instances of failure to negotiate for retransmission in good faith, especially when the result is blackouts and other consumer harm. Commissioner Mike O'Rielly, who approved in part and concurred in part, said there's enough evidence to justify the notices of apparent liability, but he concurred on only the forfeiture amounts. "Imposing the statutory maximum on individual stations by way of a novel, first-time application of the rules could be disproportionately punitive and significantly threaten the operations of these stations," he said.