Comcast: Nexstar Agreement Doesn't Preclude Good Faith Violation

Nexstar proposed “outrageous” terms and refused to negotiate on retransmission consent for Mission Broadcasting’s WPIX New York, Comcast said in a heavily redacted reply filing posted Monday in the FCC’s good faith complaint proceeding, docket 22-443 (see 2301180034). Nexstar’s arguments that because it withdrew the terms and the parties reached an agreement there was no violation don’t hold water, Comcast said. “That was too late. Defendants had already violated the good faith rules,” said the filing. Though the details of Nexstar’s terms are almost completely redacted, the filing appears to say Nexstar’s terms included provisions involving other Nexstar stations and the now-settled breach of contract lawsuit between the companies (see [Ref:2212130029). “This further demonstrates the gamesmanship that the 'sidecar' model has afforded Nexstar and Mission, resulting in collusive and outrageous negotiation tactics,” the filing says. “Defendants’ take-it-or-leave-it position resulted in a negotiating framework for WPIX that Comcast contends -- and the Commission should find -- is unlawful.”