Broadcast Law Blog

Broadcast Law Blog

Category Archives: Cable Carriage

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FCC Chairman Details Issues Coming Soon for Broadcasters – Review of Retransmission Consent, Network Nonduplication, AM Improvements, and Contest Rules

Posted in Advertising Issues, AM Radio, Cable Carriage, Digital Radio, Digital Television, FM Radio, Programming Regulations, Television, Website Issues
In an article posted on the FCC’s blog yesterday, FCC Chairman Tom Wheeler listed four actions that would soon be coming out of the FCC to address broadcast issues. For TV, these include looking at what constitutes “good faith negotiations” in the retransmission consent context, and whether to do away with the FCC’s network nonduplication… Continue Reading

August Regulatory Dates for Broadcasters – While Incentive Auction Dominates the News, Other Dates to Watch

Posted in AM Radio, Cable Carriage, Digital Television, EEO Compliance/Diversity, Emergency Communications, FCC Fees, FM Radio, General FCC, Incentive Auctions/Broadband Report, License Renewal, Noncommercial Broadcasting, Programming Regulations, Public Interest Obligations/Localism
With tomorrow’s FCC meeting to detail dates and procedures for the TV incentive auction dominating the headlines, there are other August regulatory dates that should not be overlooked. While we never can get to all of the relevant dates in our monthly highlight article, here are a few items worth your consideration. For one, we… Continue Reading

A Compulsory License for Internet TV Platforms to Retransmit Broadcast TV? One US District Court Considering FilmOnX Seems to Think So

Posted in Cable Carriage, Digital Television, Internet Video, On Line Media, Television, Website Issues
  Over-the-top video systems, using the Internet to transmit over-the-air TV signals to consumers, are back in the news. Last week, a US District Court Judge in the Central District of California, in a case involving FilmOnX, an Aereo-like service that had been involved in many of the court decisions that had preceded the Supreme… Continue Reading

FCC Asks for Comments on Petition for Rulemaking that Would Tie TV License Renewals to Restrictions on Blackouts after the Expiration of Retransmission Consent Agreements

Posted in Cable Carriage, Digital Television, Intellectual Property, License Renewal, Public Interest Obligations/Localism, Television
The FCC issued a public notice seeking comment on a Petition for Rulemaking filed by cable operator Mediacom asking for the FCC to require TV stations, in their license renewal applications, to certify that the licensee will not block any multichannel video programming distributor (i.e. cable or satellite TV) from carrying the signal of the station… Continue Reading

May Regulatory Dates for Broadcasters – Including EEO Mid-Term Reports, FM Auction, Emergency Communications Compliance, TV Market Modification Comments, Class A TV Digital Conversion Deadline and More

Posted in Broadcast Auctions, Cable Carriage, EEO Compliance/Diversity, Emergency Communications, FM Radio, General FCC, Incentive Auctions/Broadband Report, License Renewal, Television
May is one of those months where there are no routine, recurring FCC regulatory filing deadlines – no EEO reports or Quarterly Issues Programs lists, no Children’s Television Programming Reports or noncommercial station ownership report deadlines. But, as with any month, that does not mean that there are no dates of concern for broadcasters –… Continue Reading

FCC Extends Reply Comment Deadline on Treating Over-the-Top Video as an MVPD

Posted in Cable Carriage, Digital Television, Internet Video, On Line Media, Programming Regulations, Television
The FCC has extended the Reply Comment deadline in its proceeding looking at whether to apply some or all of the regulations applicable to multichannel video programming distributors (MVPDs – cable and satellite TV) to over-the-top video providers who provide multiple channels of video programming in a linear fashion (i.e. like a cable system, with the… Continue Reading

Comment Dates Set on FCC Proposal to Extend Online Public File Obligations to Radio, Cable, and Satellite

Posted in AM Radio, Cable Carriage, FM Radio, Political Broadcasting, Public Interest Obligations/Localism
The FCC has finally had published in the Federal Register its Notice of Proposed Rulemaking proposing to extend the online public file obligations to radio, satellite radio, cable operators and satellite TV providers. This publication starts the countdown to the filing deadline for the comments in the proceeding. Comments are due by March 16, and… Continue Reading

FCC Extends Comment Dates in Proceeding Looking to Regulate Online Video Under MVPD Rules

Posted in Cable Carriage, Digital Television, Intellectual Property, Internet Video, On Line Media, Television
The FCC yesterday released a public notice extending the comment dates in their proceeding to regulate Online (or “over-the-top”) Video, particularly Internet video providers who provide multiple channels of linear video programming (programming streamed at the same time to all viewers, as opposed to on-demand video like that provided by Netflix or Amazon), in the… Continue Reading

February Regulatory Dates for Broadcasters – TV Renewals, EEO Reports, Lots of TV Incentive Auction Activity, OTT MVPD and Contest Comments, and Last-Minute January Deadlines for Webcasting

Posted in Broadcast Auctions, Cable Carriage, Digital Television, EEO Compliance/Diversity, FCC Fines, General FCC, Incentive Auctions/Broadband Report, Internet Radio, Internet Video, License Renewal, Low Power Television/Class A TV, Noncommercial Broadcasting, On Line Media, Television
As in any month, February has many impending deadlines for broadcasters and media companies – many routine regulatory obligations as well as some that are specific to certain proceedings.  First, let’s look at some of the routine filing deadlines.  On February 2, license renewal applications in the second-to-last filing window of this renewal cycle are… Continue Reading

Copyright Royalty Board Announces Settlement between Sirius and SoundExchange for New Subscription Services Packaged with Cable and Satellite Video – How Different Royalty Standards Result in Different Royalty Rates

Posted in Cable Carriage, Intellectual Property, Internet Radio, Music Rights, On Line Media
Last week, the Copyright Royalty Board asked for comments on a proposed settlement agreement between Sirius XM and SoundExchange, and some articles about that announcement have not been entirely clear about what the deal covers.  It has nothing to do with webcasting royalties for 2016-2020, which are still being litigated (see our article here about… Continue Reading

FCC Regulation of Internet Video? – Dates Set for Comments on Treating Over-the-Top Video Providers like Cable and Satellite TV

Posted in Cable Carriage, Intellectual Property, Internet Video, On Line Media, Programming Regulations, Television, Website Issues
Who says that the Internet is not regulated?  Whether to treat Internet video providers by the same rules that apply to cable and direct broadcast satellite systems is the subject of a Notice of Proposed Rulemaking released by the FCC just before Christmas, notice of which was published in the Federal Register today, setting the… Continue Reading

What Washington Has in Store for Broadcasters in 2015 – Part 1, What’s Up at the FCC

Posted in Advertising Issues, AM Radio, Broadcast Auctions, Cable Carriage, Digital Television, EEO Compliance/Diversity, FM Radio, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, Indecency, Low Power Television/Class A TV, Multiple Ownership Rules, Noncommercial Broadcasting, Payola and Sponsorship Identification, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Television
Each year, at about this time, we pull out the crystal ball and make predictions of the issues affecting broadcasters that will likely bubble up to the top of the FCC’s agenda in the coming year.  While we try each year to throw in a mention of the issues that come to our mind, there… Continue Reading

Congress Passes STELAR – Renewing Authorization of Satellite Carriers Carriage of TV Stations – With Some Important Changes to JSA, Retransmission Consent and Market Modification Rules

Posted in Cable Carriage, Digital Television, Intellectual Property, Low Power Television/Class A TV, Multiple Ownership Rules, Public Interest Obligations/Localism, Television, Uncategorized
Last week, the Senate approved a reauthorization of STELA, the new bill called STELAR (the “STELA Reauthorization Act of 2014”), adopting the version that had been approved by the House of Representatives earlier in the month.  In addition to simply giving satellite television companies (essentially DISH and DirecTV) the a five-year extension of their rights… Continue Reading

December Regulatory Dates for Broadcasters – Renewals, EEO Reports and Noncommercial Biennial Ownership Reports in Some States; TV Ancillary and Supplementary Revenue Reports; As Well as LPTV Rulemaking Comments and Many Other Expected Actions

Posted in Cable Carriage, Digital Television, FCC Fines, General FCC, Incentive Auctions/Broadband Report, Internet Video, License Renewal, Low Power Television/Class A TV, Noncommercial Broadcasting, On Line Media, Programming Regulations, Public Interest Obligations/Localism
While we are in the Holiday season, the regulatory obligations faced by broadcasters don’t stop.  December brings a continuation of the TV renewal cycle, though we are nearing the end of that cycle.  Renewal applications for all TV, Class A and LPTV stations in the following states are due on December 1: Connecticut, Maine, Massachusetts,… Continue Reading

Formal Proceedings to Begin to Revise Rules for Broadcasters’ On-Air Contests and Expand the Online Public File Obligations to Radio, Cable and Satellite

Posted in AM Radio, Cable Carriage, FCC Fines, FM Radio, General FCC, Political Broadcasting, Public Interest Obligations/Localism, Television, Website Issues
Since our note Friday about November regulatory dates for broadcasters, it’s become clear that the FCC will be acting on two more matters of interest to broadcasters – particularly radio broadcasters though each have some implications for TV as well.  First, as we hinted at the end of our article on Friday (the rumors that… Continue Reading

FCC Policy by Blog Post – Over-the-Top Internet-Delivered Television Programming Providers May be Treated as MVPDs, a Reaction to Aereo?

Posted in Cable Carriage, Digital Television, Incentive Auctions/Broadband Report, Intellectual Property, Internet Video, On Line Media, Programming Regulations, Television
The FCC announced two significant policy initiatives by Blog post in the last week – perhaps recognizing that the Internet provides a better way of packaging a message about policy directions than an unpredictable news conference.  The two decisions announced this week by Blog post were (1) the Chairman announcing that he has directed that… Continue Reading

Will FCC Extend MVPD Rules to Online Video Providers – Including Retransmission Consent Fees and Program Access Rules?

Posted in Cable Carriage, Digital Television, Internet Video, On Line Media, Television
Could a change in the FCC treatment of Internet delivered video services be in the works – and how would that affect services like Aereo?  There were a number of published articles last week that suggested that the FCC was considering extending the definition of a Multichannel video programming distributor (MVPD) to over-the-top video providers… Continue Reading

FCC Seeks Comments on Expanding Online Public File Obligations to Radio and to Cable and Satellite Television Operators

Posted in AM Radio, Cable Carriage, FM Radio, General FCC, Political Broadcasting, Public Interest Obligations/Localism, Website Issues
The FCC has asked for public comment on whether it should extend the online public inspection file obligation to radio, and also whether it should adopt an online public file obligation for cable television and satellite television operators.  The latter proposal originates in a recent petition by the Sunlight Foundation and two other public interest… Continue Reading

Not Dead Yet – Aereo Tries To Reinvent Itself By Arguing that it is a Cable System Entitled to Carry Television Stations Pursuant to the Statutory License

Posted in Cable Carriage, Digital Television, Intellectual Property, Internet Video, On Line Media, Television
The Supreme Court decision in the Aereo case seemed to be the end of the line for the service that was retransmitting television stations signals without consent, as it found that the broadcasters were entitled to an injunction to force Aereo to cease the public performance of their signals without consent.  In fact, Aereo itself… Continue Reading

FCC Fines Cable System $2.25 Million for Retransmitting TV Stations Without Consent

Posted in Cable Carriage, FCC Fines, Television
The FCC yesterday issued an order imposing a $2.25 Million fine on a set of companies that operated a system that retransmitted TV signals to households in large housing units in the Houston area.  The system had paid retransmission consent fees to the TV stations, then stopped doing so, claiming that it was changing so… Continue Reading

Effective Date of FCC Prohibition on Joint Negotiation of TV Retransmission Consent Agreements Announced

Posted in Cable Carriage, Multiple Ownership Rules, Television
In today’s Federal Register, the FCC is published its new rule on prohibiting the joint negotiation of retransmission consent agreements by stations that are not commonly owned.  According to the notice, “it is a violation of the duty to negotiate retransmission consent in good faith for a television broadcast station that is ranked among the… Continue Reading

FCC Extends Comment Deadlines on Proceedings on Multilingual Emergency Information and Network Nonduplication/Syndicated Exclusivity Repeal, and Announces Incentive Auction Rules are on the Agenda for May 15 Meeting

Posted in Cable Carriage, Digital Television, Emergency Communications, Incentive Auctions/Broadband Report, Low Power Television/Class A TV, Television
Some quick items to update some of our recent articles.  The FCC has granted extensions of time to comment in two rulemaking proceedings, and released its tentative agenda for its next open meeting where it will adopt an initial order in the incentive auction proceeding.  That’s the proceeding that we most recently wrote about here… Continue Reading

Supreme Court Hears Oral Argument in the Aereo Case – A Summary of the Issues and a Prediction

Posted in Cable Carriage, Digital Television, Internet Video, On Line Media, Television
The Supreme Court heard the oral arguments in the Aereo case yesterday, it has received all the briefs, and now we all just wait for a decision – to probably be released late in June before the Court’s summer recess.  The transcript of yesterday’s oral argument has been released and is available here.  It makes… Continue Reading

Comment Dates Set on FCC’s Proposed Elimination of the Network Nonduplication and Syndicated Exclusivity Rules – Comments to be Filed by May 12

Posted in Cable Carriage, Programming Regulations, Public Interest Obligations/Localism, Television
The FCC is now taking comments on the proposal to do away with the syndicated exclusivity and network nonduplication protection rules.  The Further Notice of Proposed Rulemaking, about which we wrote here, was published in the Federal Register today, giving interested parties until May 12 to file their initial comments, and until June 9 to… Continue Reading