WileyonMedia

Category Archives: MVPD Regulation

Subscribe to MVPD Regulation RSS Feed

FCC ALJ: Cost Savings Alone Not Enough to Justify Discriminatory Treatment of Non-Affiliated Networks

Posted in MVPD Regulation
The FCC’s administrative law judge (“ALJ”) has once again sided with a programmer in resolving a complaint under the Commission’s program carriage rules.  More than five years after GSN filed a program carriage complaint against Cablevision, ALJ Richard Sippel issued an initial decision finding that Cablevision improperly discriminated against GSN on the basis of its… Continue Reading

FCC Considers Prohibiting Unconditional MFNs and Unreasonable ADMs

Posted in Broadcast Regulation, MVPD Regulation
At its September 29, 2016 open meeting, the Federal Communications Commission (FCC or Commission) adopted a Notice of Proposed Rulemaking (NPRM) in which it proposes rules prohibiting “certain practices some multichannel video programming distributors (MVPDs) use in their negotiations for carriage of video programming” that the Commission believes “may impede competition, diversity, and innovation in… Continue Reading

FCC Meeting Update: Foreign Investment Rules and Independent Programming Proposal, But No Set Top Box Rules

Posted in Broadcast Regulation, MVPD Regulation
At its September 29, 2016 open meeting, the FCC adopted rules to make it easier for broadcasters to seek approval for foreign ownership, reformed the methodology for publicly traded broadcasters and common carriers to assess compliance with the statutory foreign ownership limits, and proposed rules it believes will strengthen the position of independent programmers in negotiations with… Continue Reading

FCC Announces Dates for Mandatory National EAS Test

Posted in Broadcast Regulation, MVPD Regulation
The Federal Communications Commission (FCC or Commission)’s Public Safety and Homeland Security Bureau has announced that the next nationwide test of the Emergency Alert System (EAS) will take place on September 28, 2016, at 2:20 PM EDT, with a secondary test date of October 5, 2016, if necessary. According to the FCC’s public notice: The… Continue Reading

Upon Review, No Changes to “Totality of the Circumstances” Test for Retransmission Consent

Posted in Broadcast Regulation, MVPD Regulation
FCC Chairman Tom Wheeler announced in a blog post today that the Commission will not be modifying its rules implementing the good faith requirement for retransmission consent negotiations. Under Section 325 of the Communications Act, a multichannel video programming distributor may not retransmit a broadcast television signal without the broadcaster’s consent.  The statute requires broadcasters… Continue Reading

FCC Proposes Expanding Video Description Requirements

Posted in Broadcast Regulation, MVPD Regulation
UPDATE: The NPRM has been published in the Federal Register.  Comments are due on June 27, 2016; Reply Comments are due July 26, 2016. On April 1, 2016, the Federal Communications Commission released a Notice of Proposed Rulemaking (NPRM) seeking comment on whether to expand its video description requirements to cover additional networks, to increase… Continue Reading

FCC Seeks Comment on Proposals to Update “Totality of the Circumstances” Test for Retransmission Consent Negotiations

Posted in Broadcast Regulation, MVPD Regulation
The Federal Communications Commission (FCC or Commission) is seeking comment on whether to update the standards that it considers for determining whether parties have negotiated in good faith for retransmission consent of a broadcast signal.  Comments will be due 60 days after publication in the Federal Register; reply comments will be due 30 days later.… Continue Reading

Closed Captioning, Emergency Information Requirements Among Numerous Upcoming FCC Deadlines

Posted in Broadcast Regulation, MVPD Regulation, Online Video
Broadcasters and MVPDs face numerous FCC deadlines in the upcoming weeks and months related to accessibility and the CALM Act.  Below, we briefly discuss each deadline and then provide a summary table. Closed Captioning Quality:  On March 16, 2015, new rules regulating the quality of closed captions under four non-technical standards — (1) accuracy, (2)… Continue Reading

FCC Issues Proposed Rules for Radio, Cable, and DBS Online Public File

Posted in Broadcast Regulation, MVPD Regulation, Political Broadcasting
Wasting little time after an August Public Notice, the FCC issued an NPRM today proposing to require broadcast radio stations, satellite radio operators, and cable and DBS operators to post their public inspection files to the FCC’s online database. Today the online public file requirements apply only to broadcast television stations, however, the FCC “now… Continue Reading

FCC Proposes Filing Requirements in New Closed Captioning FNPRM

Posted in Broadcast Regulation, MVPD Regulation
The FCC released a Second FNPRM yesterday asking whether video programmers (networks, syndicators, and other programming producers) should file contact information and closed captioning certifications directly with the Commission and whether broadcasters and MVPDs should be tasked with monitoring programmers’ compliance. The Second FNPRM comes just one month before new rules requiring broadcasters and MVPDs… Continue Reading

Does FCC Repeal of Sports Blackout Rules Flag Trouble Ahead For Retrans Policy?

Posted in Broadcast Regulation, Copyright, MVPD Regulation
The FCC has retired its sports blackout rules.  At its September 30, 2014 meeting, the FCC unanimously adopted an Order repealing the rules, which prohibit cable and satellite providers from carrying a sports event that is blacked out on a local broadcast station.  The rules are most often associated with the National Football League, which… Continue Reading

Reminder: Must Carry/Retrans Election Notices Due October 1

Posted in Broadcast Regulation, MVPD Regulation
Broadcasters have less than three weeks to send election notices to cable and DBS operators.  The election notices inform those operators of a broadcaster’s choice between must carry and retransmission consent and cover the January 1, 2015 through December 31, 2017 cycle. Note that a commercial station that fails to send an election notice to… Continue Reading

FCC Seeks Comment on Extending Online Public File to Radio Stations and MVPDs

Posted in Broadcast Regulation, MVPD Regulation
The FCC yesterday released a Public Notice seeking comment on whether it should initiate a rulemaking proceeding that would require broadcast radio stations, cable systems, and other MVPDs to post their public inspection files to the FCC’s online database. Currently, the online public file requirements apply only to broadcast television stations.  The Public Notice comes… Continue Reading

FCC Orders Clarify Closed Captioning Waiver Standard

Posted in Broadcast Regulation, MVPD Regulation, Online Video
Two decisions released last week shed light on how the FCC will review petitions for exemption from the closed captioning rules under the “economically burdensome” standard. The Consumer and Governmental Affairs Bureau granted Gerald Bryant TV, Inc., producer of the music show JBTV, a “temporary exemption” of two years from captioning.  In 2012, Bryant operated… Continue Reading

FCC Adds IP Captioning Obligations to Video Clips

Posted in Broadcast Regulation, Broadcast Technology, MVPD Regulation, Online Video
Update (7/14):  The FCC released the text of the Second Order on Reconsideration and Second Further Notice of Proposed Rulemaking Monday. — The FCC adopted an Order today at its Open Meeting which expands the agency’s IP captioning rules to online video clips, subject to some important carve-outs that will be addressed in a Further Notice… Continue Reading

MVPD Faces $2.25 Million Forfeiture For Retransmitting Broadcast Stations Without Obtaining Consent

Posted in Broadcast Regulation, MVPD Regulation
The FCC has issued a $2.25 million forfeiture against Houston multichannel video programming distributor (MVPD) TV Max and its affiliates for continuing to retransmit six broadcast television stations after their agreements had expired.  The Forfeiture Order follows a June 2013 Notice of Apparent Liability, in which the Commission proposed the forfeiture. Prior to January 1,… Continue Reading

Enhanced ENT Compliance Deadline Set for June 2014

Posted in Broadcast Regulation, MVPD Regulation, Online Video
Newsrooms of small and medium broadcasters will have until June 30, 2014 to come into compliance with the Commission’s new Electronic Newsroom Technique (ENT) closed captioning rules.  Stations other than the four major national broadcast networks and their affiliates in the Top 25 DMAs may use ENT to caption live programming.   Publication in today’s Federal… Continue Reading

Deadlines Set for Closed Captioning Comments

Posted in Broadcast Regulation, MVPD Regulation, Online Video
Should the compliance burden for television closed captioning shift to video programmers rather than broadcasters and MVPDs?  The FCC has put this question and several others on the table as part of its Further Notice of Proposed Rulemaking (FNPRM) on closed captioning published in the Federal Register today.  The FCC issued the FNPRM on February… Continue Reading

Aereo Internet Television Service Shut Down in Tenth Circuit

Posted in Copyright, MVPD Regulation, Online Video
A Utah district court has issued an injunction halting Aereo’s operations in the Tenth Circuit until the U.S. Supreme Court tackles the copyright infringement issue later this spring in ABC v. Aereo.  The court also denied Aereo’s motion to transfer the case to a New York court, where it was successful in defeating the plaintiff… Continue Reading

Does NimbleTV Represent the Next Frontier in the Battle Over Digital Rights or the Solution?

Posted in Copyright, MVPD Regulation, Online Video
It looks like an online video distributor (OVD), it feels like an OVD, but is it an OVD?  That is the question that many observers are asking about NimbleTV, a new service that launched this month in the New York area.  NimbleTV is a cloud-based service that allows cable and satellite subscribers to view content… Continue Reading

FCC to Consider Changes to Sports Blackout Rule

Posted in Broadcast Regulation, MVPD Regulation
In the final hours of her final workday as Acting FCC Chairwoman, Mignon Clyburn announced that she has circulated a Notice of Proposed Rulemaking (NPRM) proposing to eliminate the long-standing sports blackout rules.  First adopted in 1975, the sports blackout rules prevent a cable operator from providing the live sporting event from a distant station… Continue Reading

FCC and GAO Reports on the Emergency Alert Service (EAS) Suggest Improvements are Needed; FCC Threatens Enforcement Action Against Non-filers of Required Reports

Posted in Broadcast Regulation, MVPD Regulation
The Federal Communications Commission (FCC) and Government Accountability Office (GAO) have each issued Reports concerning the effectiveness of the nation’s Emergency Alert Service (EAS), the national public warning system that requires broadcasters, cable operators, and other communications service providers to provide the President with communications capability to address the American people during a national emergency. … Continue Reading

Effective Date Set for New Emergency Info Rules

Posted in Broadcast Regulation, MVPD Regulation
Video programming providers and distributors will have until May 26, 2015 to comply with the FCC’s new emergency information rules, published in today’s Federal Register.  The new rules, as described in a previous Client Alert, mandate that VPPs and VPDs which create visual emergency information outside of newscasts present the information aurally on a secondary… Continue Reading