FCC Draft Asks if Agency Can Bar Signal Cutoffs as DTV Transition Nears
A draft rulemaking notice asks if the FCC can prevent carriage disputes between broadcasters and pay-TV operators from leading to the cutoff of stations’ signals around the time of the digital transition (CD Aug 13 p1), said agency officials. Chairman Kevin Martin on Sept. 23 circulated the notice, on which the four other commissioners have voted, said an FCC official. The Media Bureau document can be publicized once Martin votes for it, which he hasn’t done, the person said. An FCC spokeswoman declined to comment.
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In a nod to the impending DTV transition, the notice seeks public comment on an expedited basis, said commission officials. The deadline for initial comments would be less than the familiar 30 days, and less than the usual 15 days for replies, they said. The American Cable Association thinks “it’s not surprising that the FCC would be interested in resolving this issue expeditiously,” said Vice President Ross Lieberman. “In seeking comment on the retransmission consent quiet period matter, Chairman Martin and the other commissioners are demonstrating their continued commitment to ensuring that the digital transition is a smooth one for the public.” An FCC order mandating a quiet period that circulated months ago (CD Aug 7 p6) still has only Martin’s vote, said an agency official.
The draft notice with four votes reaches no conclusions on whether the FCC should require broadcasters in contractual disputes with cable, satellite, telco and other TV sellers to refrain from pulling their signals, FCC officials said. The document asks for comment on whether the Communications Act authorizes the regulator to mandate a quiet period, they said. The notice gives the agency a way to notify the public that it’s considering an April petition for expedited rulemaking by five small- and medium-size cable operators, they said. Some broadcast lawyers had said it would violate the Administrative Procedure Act were the FCC to approve a quiet period order before notifying the public of the cable petition.
In recent months, support among pay-TV providers on behalf of a quiet period has built, and broadcasters by the hundreds have agreed to not yank signals Feb. 4 to March 4 (CD Aug 14 p2). Monday, the National Telecommunications Cooperative Association and four other groups representing small or rural carriers said the period should run from Dec. 15 to March 31. Most carriage agreements expire Dec. 31, so NCTA wants a ban on broadcasters cutting off signals to start sometime before that, a spokesman said. The group will file comments to that effect in the FCC proceeding, he said.
Broadcasters don’t think the FCC has authority to mandate a quiet period of any length, NAB President David Rehr told reporters Wednesday. The FCC is “asking all sorts of questions about the quiet period” in the forthcoming notice of proposed rulemaking, he said. “When the NPRM comes out, I think we'll have a detailed analysis” of why a regulatory mandate won’t fly, added Rehr. “The quiet period is a red herring for people in the cable and satellite” industries who don’t want to negotiate carriage deals, he said. He termed fair broadcasters’ offer not to pull their signals starting Feb. 4. That date is too late, the NCTA spokesman said: “Establishing a quiet period that doesn’t include all of January only gives the broadcasters additional leverage to make unreasonable demands or take away the signal from millions of consumers.”