Wayne Johnsen represents cable operators, broadcasters, programmers, and financial institutions in a variety of regulatory, corporate, and transactional matters. Wayne has extensive experience assisting clients with broadcast licensing and radio and television regulation, must carry, program access, cable franchising, FCC ownership rules and policies, and foreign ownership issues.
By Kathryne Dickerson, Eve K. Reed and Wayne D. Johnsen on Posted in Broadcast Regulation,MVPD RegulationAt 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
By Wayne D. Johnsen, Eve K. Reed and Ari Meltzer on Posted in Broadcast Regulation,MVPD RegulationAt 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
By Wayne D. Johnsen and Ari Meltzer on Posted in Broadcast Regulation,MVPD RegulationFCC 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
By Ari Meltzer, Eve K. Reed and Wayne D. Johnsen on Posted in Broadcast Regulation,MVPD RegulationThe 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
By Wayne D. Johnsen, Todd M. Stansbury and Ari Meltzer on Posted in Broadcast Regulation,MVPD RegulationThe 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
By Bruce Joseph and Wayne D. Johnsen on Posted in Copyright,MVPD Regulation,Online VideoA 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
By Wayne D. Johnsen and Ari Meltzer on Posted in Broadcast Regulation,MVPD RegulationIn 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