D.C. Memo: Pay-TV Operators Accuse FCC of Flip-Flopping on Ways to Resolve Retransmission Consent Policy Disputes
American Television Alliance says FCC is issuing conflicting guidance on raising retransmission consent cost issues in connection with TV station mergers and TV station ownership rulemakings
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Retrans: Pay-TV operators, in so many words, accused the FCC of flip-flopping on ways to resolve retransmission consent policy disputes. The American Television Alliance urged the FCC to revise its draft order repealing the 39% national television ownership cap, arguing the proposal contradicts past FCC guidance and would raise retransmission‑consent costs for consumers. ATVA is backed by DIRECTV and DISH Network and a group of cable TV operators. In July 23 and 24 meetings with staff for FCC Commissioners Olivia Trusty and Anna Gomez, ATVA counsel Michael Nilsson, who is also outside counsel to DIRECTV, said the 39% cap draft directs parties to raise consolidation concerns in individual transactions even though the FCC’s Media Bureau has repeatedly ruled such issues must be handled in rulemakings of general applicability. “It is highly arbitrary for the FCC to tell parties in a rulemaking on broadcast ownership limits to raise their arguments in individual transactions and to then tell parties in individual transactions to raise these very arguments in rulemakings,” Nilsson wrote. (More after paywall)
