D.C. Memo: altafiber Files FCC Retrans Complaint Against Nexstar in Ohio Tying Dispute
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Retrans: altafiber, a regional voice, video and broadband provider, has filed an FCC retransmission consent complaint against broadcast giant Nexstar Media Group involving a bargaining meltdown in Ohio. At issue is Nexstar’s insistence that altafiber carry its NewsNation cable channel in Cincinnati and Dayton to secure continued carriage rights to Nexstar’s NBC Dayton affiliate WDTN. On May 31, altafiber dropped NBC Dayton and NewsNation to protest Nexstar’s bargaining tactics and its much higher rate structure adding $1 million in new programming costs. In the FCC complaint filed Friday, altafiber accused Nexstar of bargaining in bad faith by tying access to NBC Dayton to carriage of NewsNation in Cincinnati; effectively refusing to negotiate for just NBC Dayton; and demanding contract language that would result in paying higher retrans fees if Nexstar acquired a new station in either Dayton or Cincinnati. “As acts of bad faith are causing continued disruption, expedited [FCC] action is critical to avoid further harm to altafiber’s cable subscribers (Nexstar’s viewers) in the Dayton [Designated Market Area],” the complaint read. Nexstar does not now own a Cincinnati station, but it could soon if the deregulation-leaning FCC were to lift a national ownership cap that prevents the No. 1 TV station owner from expanding into new markets. (Last week, Nexstar told investors that FCC-approved consolidation would fuel higher retrans fees triggered by so-called after-acquired clauses. See chart below.) (More after the paywall, including PDF of the complaint.)
