ATVA Calls for New Definition of 'Good Faith' in Broadcaster Negotiations
The American Television Alliance listed for FCC officials several actions that it believes should be considered signs of negotiating in bad faith by broadcasters. In an ex parte notice filed Friday in docket 10-71, it said he commission should…
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seek comment on: restricting access to online content, requiring bundling, blacking out of marquee events, stopping the importation of an out-of-market signal, ceding broadcast negotiation rights to a third party such as an affiliated TV network, equipment limits and charging for subscribers who don't receive a broadcaster's service. With Section 103 of the Satellite Television Extension and Localism Act Reauthorization (STELAR) directing the FCC to review its test of good-faith negotiations, the agency should now seek comment on whether seven negotiating tactics constitute bad faith, ATVA said. "An overhaul of the good faith rules is critical, because the rules on the books today are not strong enough to combat the variety of ways that a broadcaster can exercise its leverage to extract higher fees and force blackouts." Bundling overall should not be prohibited, but broadcasters should have to provide stand-alone service to multichannel video programming distributors that want it, the ATVA said. The meeting members included Media Bureau Chief Bill Lake, Sports Fans Coalition Chairman David Goodfriend, Suddenlink General Counsel Craig Rosenthal and DirecTV Vice President-Regulatory Affairs Stacy Fuller.