Broadcast Law Blog

Broadcast Law Blog

Tag Archives: retransmission consent

Sinclair Pays $9.4 Million to FCC to Settle Claims of Improper Joint Negotiation of Retransmission Consent Agreements

Posted in Cable Carriage, Multiple Ownership Rules, Television
Last week, the FCC announced a consent decree with Sinclair Broadcast Group where Sinclair agreed to pay $9.495 million to the FCC to settle claims that it negotiated retransmission consent agreements involving stations that it did not own with MVPDs (cable and satellite companies).  Sinclair did not admit any liability – but stated that it settled the… Continue Reading

November Regulatory Dates for Broadcasters – Incentive Auction and Biennial Ownership Report Preparation, Reg Fee Comments, Music Issues, Text to Speech Emergency Information and More

Posted in AM Radio, Broadcast Auctions, Broadcast Performance Royalty, Cable Carriage, Digital Television, EEO Compliance/Diversity, Emergency Communications, FCC Fees, FM Radio, General FCC, Intellectual Property, Internet Radio, Music Rights, Television
November is another of those months with no regular filing obligations – no EEO public file and Mid-Term reports, no noncommercial ownership reports, and no quarterly issues programs lists or children’s television reports. EEO public file reports and noncommercial station ownership reports, being tied to renewal dates, will be back in December. See our Broadcaster’s… Continue Reading

Dates Set for Comments on Good Faith Negotiation of Retransmission Consent Agreements – What is the FCC Asking?

Posted in Broadcast Auctions, Cable Carriage, Digital Television, On Line Media, Television
A month ago, the FCC released its Notice of Proposed Rulemaking looking to reassess the requirement that broadcasters and MVPDs (cable and satellite television) engage in “good faith” negotiations over the retransmission consent necessary for the MVPD to rebroadcast the signal of a broadcast television station, triggering numerous questions throughout the industry (and among financial… Continue Reading

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

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

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

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

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

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

Details of the FCC Decision Prohibiting the Joint Negotiation of Retransmission Consent By Local TV Stations and Starting Proceeding to Examine Syndex and Network Nonduplication Protections

Posted in Cable Carriage, Television
While we are waiting for the full text of the FCC’s decision  taken Monday on the multiple ownership rules, rolling one Quadrennial Review into another and prohibiting most Joint Sales Agreements, we can look in more detail at the FCC’s decision on retransmission consent issues.  We wrote about the historical background of both of these… Continue Reading

FCC March 31 Agenda to Consider TV JSAs and Retransmission Consent Issues – Lots of Controversy for TV Broadcasters

Posted in Cable Carriage, Multiple Ownership Rules, Television
The agenda is out, and the FCC’s likely action on their Quadrennial Review of the multiple ownership rules now seems to be much clearer.  And the decision seems likely to follow the rumors circulating in Washington for weeks (about which we have written here and here), with new regulatory wrinkles added to those previously suggested. … Continue Reading

Odds and Ends – Divestiture Trusts, Shared Services Agreements and Determinations of Significantly Viewed Stations

Posted in Assignments and Transfers, Cable Carriage, General FCC, Multiple Ownership Rules, Television, Uncategorized
Sometimes the FCC decisions come out in a flurry, often with little nuggets of importance in each one.  Rather than trying to write about each one, we’ll from time to time, just try to highlight those nuggets for your consideration.  At the end of last week, three decisions came out with just such nuggets –… Continue Reading

TV Shared Services Agreements and the FCC Ownership Review Featured on the NY Times Front Page

Posted in Multiple Ownership Rules
Since the start of the FCC’s examination of its multiple ownership rules in anticipation of its Quadrennial Review of these rules, the question of TV shared services agreements has been one raised by public interest groups, suggesting that combinations of local TV stations for news or sales purposes are not in the public interest, as… Continue Reading

Extension of Time for Comments on Whether an Internet Delivered Video Service Is an MVPD Under the Communications Act

Posted in Cable Carriage, Internet Video
As we wrote last month, the Commission has asked for public comment on whether an Internet delivered video programming service can qualify under the FCC rules and the Communications Act to be treated as a multichannel video programming distributor (an "MVPD").  While the FCC has in the past determined that an MVPD needs to have facilities… Continue Reading

Must-carry or Retransmission Consent? Television Stations Must Notify Cable and Satellite Operators by October 1st

Posted in Cable Carriage, Digital Television, Television
Just a reminder that by October 1, Television stations must once again make their triennial carriage elections.  By that date, TV stations must notify the local cable systems and satellite carriers in their market in writing as to whether the station intends to be carried pursuant to must-carry or a retransmission consent agreement for the… Continue Reading

FCC Issues Report to Congress on Access to In-State Television Programming

Posted in Cable Carriage, Programming Regulations, Public Interest Obligations/Localism, Television
The FCC just issued a Report to Congress concerning the access of television viewers to in-state television stations.  This report was requested by Congress as part of STELA (the Satellite Television Extension and Localism Act), which extended the compulsory license for direct to home satellite television operators (DISH and DirecTV) – a license which gives them copyright clearances to retransmit all the… Continue Reading

Comments on Television Retransmission Consent Rules due to FCC by May 27

Posted in Cable Carriage, Digital Television, Television
The Commission’s recent Notice of Proposed Rule Making exploring possible changes to the television retransmission consent rules has now been published in the Federal Register setting the date for Comments as May 27th, with Reply Comments due by June 27.  As we wrote about recently (here), the FCC has commenced a rule making to consider… Continue Reading

FCC to Take a Fresh Look at Retransmission Consent Rules Governing Carriage of Broadcast Television Stations

Posted in Cable Carriage, Digital Television, Television
Among the many items adopted by the Commission at last week’s open meeting was a Notice of Proposed Rule Making (NPRM) regarding retransmission consent agreements and the carriage of broadcast television stations by cable and satellite providers.  Retransmission consent has been a hot topic of late both in Washington and in the national press.  During… Continue Reading

Next FCC Meeting Full of Issues for Broadcasters – Retransmission Consent, Moving Rural Radio Stations Toward Urban Areas, and TV Video Description

Posted in Cable Carriage, FM Radio, General FCC
After a series of FCC meetings where the only mention of broadcasters was in connection with taking TV spectrum for wireless broadband, the tentative agenda for the next FCC meeting, to be held on March 3, 2011, is full of broadcast issues – issues that could have broadcasters wishing that they were ignored once more.  The biggest issue is… Continue Reading

FCC Asks for Comments on Petition Seeking Reform of Retransmission Consent Process

Posted in Cable Carriage
The FCC’s Media Bureau today asked for public comment on the Petition recently filed by a number of multichannel video providers – including seven large cable companies, both DBS companies, and Verizon – along with the American Cable Association and several public interest and trade organizations. The Petition seeks changes in the rules governing the retransmission… Continue Reading