On January 17, 2024, the FCC released a Notice of Proposed Rulemaking (“NPRM”) seeking comment on a newly proposed requirement for cable operators and direct broadcast satellite (“DBS”) providers, which, if enacted, would require those cable operators and DBS providers to make available rebates to their subscribers for programming blackouts caused by failed retransmission consent … Continue Reading
On December 21, 2023, the FCC released a Notice of Proposed Rulemaking (“NPRM”) proposing new reporting requirements for multichannel video programming distributors (“MVPDs”). The amendments to the FCC’s rules, if enacted, would give MVPDs 48 hours to notify the FCC when a blackout of 24 hours or more of a broadcast television station, or stations, … Continue Reading
While it’s only July, TV station licensees should be mindful of an October 1st deadline for uploading to their station online public information file (“OPIF”), the station’s election of cable TV/satellite must-carry or retransmission consent status. Under the FCC’s rules, for full power and certain Class A/Low Power commercial TV stations, there is a three-year … Continue Reading
As we head into Summer, it’s important for TV broadcasters to remember the upcoming deadlines this Fall associated with notifying multichannel video program distributors (“MVPDs”) – primarily cable TV and direct broadcast satellite operators – of the station’s election of either must-carry or retransmission consent carriage status on the MVPD systems. Two critical deadlines are … Continue Reading
On January 2, 2020, we wrote about an FCC proposal to modify the present requirement for cable TV systems to give 30 days’ notice to subscribers when a program channel may be removed because of failure to agree on retransmission consent terms. The deadlines for Comments and Reply Comments have now been announced. Initial Comments … Continue Reading
Retransmission consent negotiations have been coming down to the wire more and more in recent years, as broadcasters have sought to recoup more of the value they feel their signals have, and cable operators have resisted increases in their expenses. Federal Communications Commission (“FCC”) rules currently require cable operators to notify both subscribers and the … Continue Reading
In a decision issued Tuesday, Judge Richard Leon of the U.S. District Court for the District of Columbia approved the proposed merger of AT&T and Time Warner. In doing so, he rejected the “must-have” programming theory that was the core of the government’s antitrust case seeking to block the merger. The “must-have” programming theory asserts … Continue Reading
With the October 1 deadline looming, FHH’s Dan Kirkpatrick and Paul Feldman held a webinar to help industry leaders navigate the waters regarding must-carry/retransmission consent. If you missed the webinar, or just want a refresher, never fear: you can catch it in re-runs. We’ve posted a recording of the show here – all audio and slides … Continue Reading
This is a reminder that on Tuesday, August 22 from 2:00-3:15 p.m. (EDT), FHH carriage gurus Dan Kirkpatrick and Paul Feldman will present a FREE webinar entitled “Must-Carry and Retransmission Consent 2017.” Free registration for the webinar is available here. The industry faces an October 1, 2017 deadline requiring all full-power television stations to make … Continue Reading
Tuesday, August 22, 2017 – 2:00-3:15 p.m. (EDT) For all full power TV stations, October 1, 2017 is a critical deadline for electing between must-carry and retransmission consent for the next three years. What should you consider before electing must-carry or retransmission consent? What has changed in the three years since elections were last made? … Continue Reading
Chairman blogs that FCC will not be modifying “totality of the circumstances” test on his watch. In the long-running retransmission consent war pitting broadcasters against MVPDs, a major threat to the status quo has been averted: according to a blog posted on the FCC’s website by Chairman Tom Wheeler, the Commission has opted not to … Continue Reading
Terse provision slides through as part of massive annual appropriations act TV Joint Sales Agreements (JSAs) have been given a new lease on life, thanks to Congress and the President. Back in 2014, the FCC declared certain JSAs to be “attributable interests” and therefore subject to unwinding by June, 2016. But now compliance with that … Continue Reading
Here’s your chance to let the FCC know how to assess the “good faith” of parties to a retrans negotiation. While many (if not most) television licensees are likely trying to sift through the several hundreds of pages of FCC materials laying out the fast-approaching incentive auction process, it’s important not to lose sight of … Continue Reading
Christmas is coming early this year ... if, that is, you're a direct broadcast satellite (DBS), cable or other MVPD operator, or a low power TV licensee.… Continue Reading
Just like clockwork, OMB has given the FCC the official thumbs up to require the filing of TV JSAs that create attributable interests.… Continue Reading
FHH cable gurus Paul Feldman and Dan Kirkpatrick will be presenting a free webinar on "Cable TV Must-Carry & Retransmission Consent: Negotiating Agreements & Enforcing Rights" on October 23.… Continue Reading
If you've been wondering whatever happened to TV Max -- the Houston-area MVPD that was on the wrong end of a multi-million dollar fine for unauthorized retransmission of TV signals -- wonder no more.… Continue Reading
In case there was any doubt in your mind, the Media Bureau has now officially confirmed the effective date of the new JSA attribution rules.… Continue Reading
What with the Federal Register publication of the new retrans consent restrictions, you had to know that the new limits on TV joint sales agreements couldn't be far behind.… Continue Reading
We now know when the recently-adopted restrictions on joint retransmission consent negotiations are set to take effect. We also know when petitions for reconsideration and petitions for judicial review are due.… Continue Reading