Complete Story
02/22/2018
Election Selection: FCC Gets Input on Streamlining Retrans/Must Carry Notices
The FCC got an earful about how broadcasters should handle notifying MVPDs of whether they’re electing retransmission consent or must-carry every three years.
The gist from pay TV distributors was that any changes must not increase the burden on them. After that, opinions differed. Comments were due Thursday in the proposed rulemaking that looks at updating the election process as well as whether MVPDs should be able to send consumer privacy notices and certain other communications electronically. The FCC’s notice asks about whether broadcasters’ election notices could be delivered with a verified email address.
“While this proposal, on its face, sounds reasonable, the consequences of an MVPD not receiving a carriage election notice warrant a more cautious approach,” ACA said. “Any number of issues might result in a broadcaster’s electronic notice not being received by the MVPD in time, which may or may not be the fault of the broadcaster or cable operator.”
The association for small and independent operators expressed concern that notices could go to the wrong email address or be held up by security software. Certified mail or express delivery makes it relatively simple to determine why a notice didn’t reach an MVPD, ACA said.
Verizon, however, supports a designated email, agreeing with broadcasters that the current certified mail procedure is costly for stations. It suggests the FCC require MVPDs to send an automatic return receipt email as a record of the date and time of receipt.
That notion was supported by NCTA, which said the burden of demonstrating timely election would remain on broadcasters. NCTA suggested the process could be streamlined by allowing broadcasters to send one email that identifies the systems for which it is making elections to a single e-mail address for each cable operator.
Public Broadcasting believes pretty much any method should be allowed as long as a broadcaster can show timely delivery to an MVPD by the election deadline. The FCC recently denied a must-carry complaint filed against DISH by noncommercial station Minority Television Project. The Media Bureau said the broadcaster erred in sending its election notification by USPS Priority Mail vs certified mail.
