LPTV FREE SPEECH BATTLE BEGINS
COURT THROWS OUT 2008 LEASED ACCESS RULES, AND FCC PREPARES NPRM TO BRING RULES INTO THE 21ST CENTURY
LPTV INDUSTRY PREPARES FOR PROLONGED TWO FRONT WAR IN COURT BASED ON 1ST AMENDMENT AND ANTITRUST GROUNDS. NEWLY ANNOUNCED FCC RULE MAKING IS THE FIRST BATTLE TO BE WON.
OUR CONTENT IS NOT SECONDARY!
AND NEITHER ARE OUR VIEWERS!
"I've proposed to vacate the 2008 Order and start over with a clean slate regarding our leased access rules - including an examination of how to modernize them to fit the modern marketplace."
FCC CHAIRMAN AJIT PAI - 2018
FCC FACT SHEET
Modernization of Media Regulation Initiative: Leased Commercial Access
Further Notice of Proposed Rulemaking
MB Docket Nos. 17-105 and 07-42
Background: As part of its Modernization of Media Regulation Initiative, the Commission seeks to update its leased access rules which require cable operators to set aside channel capacity for commercial use by unaffiliated
video programmers.
In response to the public notice initiating the media modernization proceeding, some commenters proposed changes to these rules. The Commission last adopted leased access rules in its 2008 Leased
Access Order, but the U.S. Court of Appeals for the Sixth Circuit has stayed that decision for a decade due to
several pending judicial appeals. Separately, the Office of Management and Budget did not approve the information collection requirements associated with the 2008 Leased Access Order.
Therefore, the pre-2008 Leased Access Order rules, which were initially adopted 25 years ago, remain in effect.
What the Notice Would Do:
- Tentatively conclude that the Commission should vacate its 2008 Leased Access Order.
- Seek comment on the current state of the leased access marketplace generally.
- Propose to require cable operators to respond only to bona fide requests from prospective leased access programmers.
- Invite comment on whether to extend the timeframe for providing responses to leased access requests.
- Seek comment on whether to permit cable operators to require leased access programmers to pay a nominal application fee and/or a deposit.
- Propose modifications to the Commission's procedures for addressing leased access disputes.
SUNSHINE EDITION OF THE LEASED ACCESS NPRM
TO BE VOTED ON AT JUNE 2018 OPEN MEETING
(SUBJECT TO CHANGE)
COALITION COMMENTARY
This new NPRM is a welcomed new opportunity to change an historic wrong in Federal communications policy - the outright discrimination against the LPTV asset class in their free market rights to be treated equally by the pay tv industry. Let the pay tv industry and the primary broadcasters which rely on the corporate welfare must carry regime to please take notice - this rulemaking is where we will now attempt to break down and through the restrictions to LPTV to be treated equally and fairly. The fraking incentive auction is over, Congress has deemed our secondary for interference-only status to be worthy of relocation displacement funding, and we have won the day to now survive to be ready to do battle over equal access to the pay tv systems in our communities of license. Pay TV systems use public rights of way, and we are charged and required by our Federal licenses to serve those same communities - get ready to rumble.
A fools errand? Not at all, the Pay TV industry is not well and not growing - but shrinking with a literal doubling of the "exclusive OTA" households in the 5 years we have been lobbying on your behalf (coincidence? Probably, but a trend which as you read below is not stopping at all!) And let the pay TV industry attempt to try to make the argument again in the rulemaking that they would be harmed by any new rules. They have exposed themselves fully in the past decade, with example after example of how they discriminate against local content stations over preferred national networks carried on LPTV.
How many of you would have bet big time on LPTV not getting relocation funding? Nor a totally open runway to deploy nextgen TV? If this was you then get ready to eat some more crow - I predict that we will get very favorable leased access rules! Why? Because right is on our side, and as an industry, if we come together, we can make this happen, as it affects the big dogs, and most all of you little ankle bitters. And this is the first step towards "must carry" rights for LPTV.
WHICH SUPERHERO OR HERORINE IS LPTV?
CORPORATE MUST-CARRY WELFARE FOR ALL,
OR NONE AT ALL!
Now there are many of you licensees out there which have been discriminated against by the pay TV industry. Get your files in shape, and get ready to help our Coalition provide to the FCC all of the data points we need to make our cases. I will go out on a limb here and say that the discrimination against us is in the billions! More to follow for sure....
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