FCC Adopts Retrans Blackout NPRM Seeking Reports From MVPDs
FCC commissioners approved a draft NPRM that would require that the agency receive notice of blackouts owing to failed retransmission consent talks between MVPDs and broadcasters, the commission said Thursday. The reporting NPRM and a companion NPRM on customer refunds…
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for blackouts were circulated in October (see 2310110075). Citing a lack of basic information on channel blackouts, the NPRM said getting reports from MVPDs "would be the most effective method for the Commission to gain important and timely information about broadcast station blackouts ... and better fulfill our statutory obligation involving the retransmission consent negotiation process." In a statement, Commissioner Nathan Simington supported the NPRM but was skeptical of the tentative conclusion's citation of Section 632 of the Cable Act -- regarding cable customer service standards -- as a legal basis for the proposed reporting requirements. He said there are other valid sources of authority, and Section 632 "is a considerably narrower provision than recent Commission action suggests."