Cable and Broadcasters Take Sides on 10th Floor Over Retrans Blackouts

The cable industry and broadcasters are adopting dueling talking points on the FCC's 10th floor concerning the proposed reporting requirement when retransmission consent talks fail and lead to a blackout, according to docket 23-427 postings Tuesday. In meetings with the offices of FCC Chairwoman Jessica Rosenworcel and Commissioners Geoffrey Starks, Brendan Carr and Nathan Simington, NCTA, Comcast, Charter and Cox Communications representatives said that while the NPRM (see 2401170072) proposes reporting on blackouts that last more than 24 hours, it should focus on longer blackouts because that would be less disruptive to negotiations. The cablers also argued against reporting the number of subscribers affected. However, if reporting such numbers eventually is required, then the FCC should keep figures confidential. In meetings with Rosenworcel and Starks aides, NAB asserted that a blackout reporting requirement would exceed the FCC's limited statutory authority relating to retransmission consent, and wouldn't provide consumers with meaningful information. NAB said disruptions increase during key congressional or FCC deliberations on retrans issues. A public database of retrans blackouts "will serve as an 'attractive nuisance' that MVPDs cannot resist, triggering increased disruptions and harming consumers," it said. NAB has had similar meetings with the offices of Carr and Simington.