Late Friday, the FCC denied the request of several broadcasters to extend the time to comment on the FCC proceeding looking at the requirement of “good faith” in retransmission consent negotiations, though it did extend the time for reply comments by two weeks. The FCC is reviewing the good faith requirement, to determine if it should adopt new standards, either through the adoption of practices which per se violate the requirement, or by looking at practices which, when assessing the totality of the circumstances, do not constitute good faith. We wrote about the issues raised by the proceeding here, and in that article expressed surprise that comments were due just as TV broadcasters would be making their determinations about participation in the incentive auction. The NAB and a number of broadcast groups agreed, and asked for an extension of the comment deadline from December 1 to February 1. The FCC declined that request, only mentioning the incentive auction deadlines that coincide with the comment deadline in passing when describing the extension requests. The Commission did, however, grant an additional two weeks, to January 14, for reply pleadings, citing the holidays as the justification for that extension. So comments remain due on December 1, and replies are now due on January 14.
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