Indie Programming NOI 'a Great First Step,' PK, Allies Say
Whether the FCC's look into independent and diverse programming issues leads to rules or a policy statement remains to be seen, "but this is a great first step," Public Knowledge Policy Fellow John Gasparini said in a PK-organized media conference…
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call Tuesday discussing the notice of inquiry (see 1602180044). PK in a filing in the indie programming NOI docket singled out most-favored-nation (MFN) and alternative distribution means (ADM) contractual clauses as particularly stifling video marketplace diversity (see 1603310044) and echoed that sentiment Tuesday. "Why is so much video still held hostage by the legacy pay-TV model?” PK Government Affairs Associate Counsel Kate Forscey asked, contrasting the digital video market with the digital music and literature markets. MVPD incumbents hold back competition through limits on over-the-top competitors and those limits disproportionately disadvantage indie and niche programmers, she said. Forscey also said the FCC would have authority under Title VI of the Telecom Act to tackle such issues. ISwop Networks CEO Broderick Byers said the job search advice-centric Employment Channel he created, while popular, couldn't get MVPD carriage because of concerns that unemployed viewers who might be unable to pay cable bills are undesirable viewers. “Corporate was out of touch," Byers said. "Having a few people decide what mass audiences would be interested in is absurd. You should let the consumer decide.” Independence in the linear market is at an all-time low, with 5 percent of original scripted contents on broadcast networks in prime time during the 2014-15 season being independently produced, compared with 12 percent of all scripted series on basic cable/pay-TV, said Garrett Schneider, research and policy analyst at the Writers Guild of America, West. Meanwhile, indie producers accounted for 49 percent of TV-length scripted shows released digitally in that same season, he said. "We hope to see an effort to reopen the market." NOI replies are due April 19.