Cable Lineup Notification NPRM Axes Numerous Tentative Conclusions

The cable TV lineup notification NPRM approved 5-0 Thursday (see 1912120063) tones down what had been numerous tentative conclusions in the FCC draft, according to our side-by-side analysis. The draft had the agency saying it believed an as-soon-as-possible notice for a channel deletion or change due to retransmission consent or carriage negotiations, rather than the 30-day requirement, better served subscribers. The approved docket 19-347 version released late Thursday now has the agency saying it seeks comment on the ASAP notice better serving subs. Unlike the draft, which tentatively endorsed NCTA's claim "channel slates" notices that would replace the video feed in the event of a blackout would be a reasonable written means for notifying subscribers, the final version seeks comment on whether that would be a reasonable written means. The final version replaced a tentative conclusion about notices in the newspaper not being a reasonable written means, just seeking comment on whether it would. Instead of tentatively concluding the FCC has authority to revise its rule requiring a 30-day notice to local franchise authorities of any basic rate increase, the NPRM seeks comment on whether it has that power. The approved version also includes some new questions, such as whether cable operators should be required to provide notice in some timeframe other than 30 days in the context of a retrans negotiations, such as a week or 48 hours before contract expiration. It asks if there are ways cable operators currently keep subscribers notified of ongoing negotiations or expiring contracts that could be incorporated into FCC rules.