BROADCASTERS FIGHT BACK AGAINST PAY TV INDUSTRY PROPOSALS
NAB Urges FCC: Maintain Specific Rules for Retransmission
Washington D.C. - The National Association of Broadcasters (NAB) has waged a robust counterattack against proposals from the pay TV industry, which aim to fundamentally alter rules governing retransmission consent and carriage agreements with broadcasters.
In response to the FCC's deregulatory push, and the creation of a docket titled "Delete, Delete, Delete," the NAB went on the offensive, filing a comprehensive rebuttal to the pay TV industry's proposals. They also submitted detailed responses to numerous tech and regulatory recommendations in an early filing, outlining the regulations they'd like scraped or reduced.
The FCC's "Delete, Delete, Delete" initiative has stirred up a frenzy, with over 1,125 filings to Docket 25-133 as of May 1, including heavyweight entrants like the NAB, the Society of Broadcast Engineers, state broadcasting associations, America's Public Television Stations, PBS, Nexstar, Sinclair, Gray Media, Mission Broadcasting, and numerous individual TV stations.
Pay TV operators, such as EchoStar, have also thrown their weight behind the Delete, Delete, Delete effort, with proposals aimed at reducing station blackouts during contentious retransmission and carriage negotiations.
The NAB voiced its stance that broadcasters are already burdened with excessive regulation, pushing for the elimination of all ownership caps. In an April 29 filing, they argued that the current regulatory landscape is not only extreme but also outdated and detrimental.
"Part 73 of the CFR [Code of Federal Regulations] alone spans a whopping 423 pages - more than any other regulated service, and more than double the number in Part 76 covering multichannel video programming distributors (MVPDs)," the NAB said.
In fighting the "Delete, Delete, Delete" effort, the NAB has taken aim at proposals from pay TV providers that they find incorrect, consumer-harmful, contrary to the FCC's goals for deregulation, or blatantly asking for rules to be eliminated that are mandatory by law.
More specifically, the NAB states that pay TV "proposals for certain retransmission consent and other carriage-related 'reforms' are unlawful, contrary to the purpose of this proceeding, or both." They also criticize attempts by pay TV providers to recast past proposals for additional rules as proposals to delete rules, noting that most of these proposals aim to undermine broadcasters' ability to compete with pay TV providers.
The NAB rebutted a number of specific proposals by NCTA: The Television & Internet Association and other pay TV-backed groups. They also deemed EchoStar's proposal for satellite operators to import signals from other stations as "unlawful." This proposal would significantly strengthen pay TV operators' negotiating position during retransmission disputes.
Commenting on the matter, the NAB concluded, "While NAB agrees that some of the rules should be eliminated to provide broadcasters with greater flexibility, others remain essential to ensuring quality service to the public and should be retained."
The filing also addressed various technical issues, such as concerns about proposed rule changes for FM radio, the allocation of TV channels, UWB systems, and interference protection for specific TV channels. Overall, the NAB's stance revolves around maintaining regulations that are essential for quality service and opposing those that would be detrimental to consumers.
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You can read the full filing here.
- The National Association of Broadcasters (NAB) has actively challenged proposals from the pay TV industry, aiming to alter regulations on retransmission consent and carriage agreements with broadcasters.
- In response to the FCC's "Delete, Delete, Delete" initiative, the NAB presented a comprehensive rebuttal, criticizing proposed regulations they consider incorrect, harmful to consumers, or contrary to the FCC's deregulatory goals.
- Over 1,125 filings, including from heavyweights like the NAB, have been submitted in response to Docket 25-133, challenging the "Delete, Delete, Delete" effort to deregulate media technology.
- EchoStar, a pay TV operator, supports the "Delete, Delete, Delete" effort, proposing changes aimed at reducing station blackouts during retransmission and carriage negotiations.
- The NAB argues that pay TV providers are pushing for excessive regulation, including ownership caps, which they claim are not only extreme but also outdated and harmful.
- The NAB's filing addresses various technical issues, such as concerns about FM radio, TV channel allocation, UWB systems, and interference protection, maintaining the importance of regulations essential for quality service.
- As Nextgen TV, ATSC, IP, transmission, and media technology continue to evolve, the NAB's stance focuses on preserving regulations that are beneficial to consumers while opposing those that could harm quality service.
