Communications Litigation Today was a service of Warren Communications News.

Prospective Programming Retrans Conditions in MVPD Crosshairs

Multichannel video programming distributors began lobbying the FCC heavily on the broadcaster practice of trying to include stations to be named later in retransmission consent talks. The American Cable Association and American TV Alliance cited the issue at meetings with FCC staff, said ex parte filings (see here and here) Tuesday in docket 15-216. ACA said representatives of Atlantic Broadband, Cass Cable, Frankfort Plant Board, Liberty Puerto Rico and Shentel told Media Bureau staff that large broadcast station groups in particular "regularly engage" in bad-faith bargaining practices in retrans consent talks. ACA's meeting cited stations "allowing their affiliated networks to interfere with their right to grant out-of-market retransmission consent to cable operators" and broadcaster demands for carriage of prospective programming. ATVA also brought up prospective programming -- trying to require MVPDs to carry at set terms and rates networks to be named later -- in its meeting with Media Bureau and Office of General Counsel staff. At that meeting, according to ATVA, were representatives of ACA, AT&T, Dish Network, Time Warner Cable and USTelecom. ATVA said it discussed different types of forced bundling, ceding of negotiation rights and after-acquired station licenses. ATVA said it also repeated its arguments the FCC has legal authority to adopt its proposals. NAB didn't comment Wednesday.