The FCC should keep rules that prohibit cable operators from stri...
The FCC should keep rules that prohibit cable operators from striking exclusive deals to distribute their programming, several broadband and pay TV providers said in response to the Commission’s pay TV competition inquiry. Comments were due late Wed. The FCC was asked to renew so- called program access rules to ensure that new video entrants and smaller companies can carry channels owned by cable operators. “As the Commission begins to consider extending its program access rules, it is clear that the prohibition against exclusive programming contracts remains necessary,” Verizon said: “New entrants face the additional hurdle of obtaining popular video programming on fair and reasonable terms.” Other filers made similar comments, including America Channel and Broadband Service Providers, whose members include RCN and WOW. “All competing distributors should have the same access to content,” the group said: “While the program access provisions have been effective, they need to be expanded.” The agency next year will issue a notice of proposed rulemaking asking whether to keep the rules, which expire in 2007, FCC officials have said. Some cable operators want the FCC to lift the restrictions, said a cable lawyer. But that may not happen because of commissioners’ concern about competition, said another industry lawyer. NCTA believes there’s plenty of competition
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- enough so there’s no need for the FCC’s annual video competition report. It described the report as “a bit like asking the FAA in 1912 to report on whether there is airline competition in 2006… In each of the three services that cable operators now provide -- video, Internet and telephone -- they face, and they provide, vigorous competition.” NCTA declined to comment on program access rules. It will take them up in the program access rulemaking, said a spokesman. Following the end of another FCC video inquiry, an order on streamlining the video franchise approval process has started circulating on the 8th floor, said an agency official. We're told it likely will be voted on at the Dec. 20 agenda meeting, as had been expected (CD Nov 27 p5). The details of the order weren’t available by presstime.