Don't eliminate exclusivity rules as long as cable operators still retain their compulsory license rights, or else operators will be more easily able to import distant signals, hurting TV station revenue, NAB said Tuesday, pointing to a GAO report in a filing in docket 10-71. The report, released in April, looked at the possible effects of eliminating broadcast exclusivity rules, with one of its conclusions being that broadcasters would likely see lower retransmission consent fees, which in turn "could reduce stations’ investments in content, including local news and community-oriented content; the fees households pay for cable television service may also be affected" (see 1504140041). NAB, which has been fighting FCC Chairman Tom Wheeler's proposal to eliminate the syndicated exclusivity and network non-duplication rules (see 1509080045), quoted liberally from the GAO report in its filing and attached the 33-page document, saying it agreed with the GAO that removing the exclusivity rules could lead to lower quality and lower quantity local content. GAO is studying what the effects would be if Congress phased out current licensing requirements, NAB said. Given all these circumstances, NAB said, the FCC "should not attempt harmful piecemeal alterations to the broad legal and regulatory framework governing the television programming marketplace."
Stations and their networks "undoubtedly" will use affiliation agreements to ensure stations' exclusivity rights are protected the same way they are now under exclusivity rules, minus some prohibition on network interference into affiliates' out-of-market retransmission consent negotiations, the American Cable Association said in an FCC ex parte filing posted Monday in docket 10-71. It said ACA officials told FCC representatives the group worries that eliminating exclusivity rules (see 1509040016) will lead to networks significantly broadening affiliates' zones of exclusivity, eliminating access to out-of-market stations -- even significantly viewed stations and stations serving "orphan counties." Some networks already have a general policy against permitting affiliates offering out-of-market carriage, and if the FCC eliminates the exclusivity rules, "this trend, if left unchecked, will spread farther," ACA said. That can be stopped through either a new per se violation of good-faith negotiations or by making clear that existing per se violations extend to that type of network interference, ACA said. "While the commission may wish to end the use of its processes to enforce privately negotiated exclusivity rights, it should preserve to the greatest extent possible the ability of willing broadcasters to negotiate with MVPDs [multichannel video programming distributors] for distant signals that best satisfy customer needs by preventing network interference with long-standing arrangements between MVPDs and out-of-market stations." Ross Lieberman, ACA senior vice president-government affairs, met with staff of Commissioners Mignon Clyburn and Jessica Rosenworcel. In a separate ex parte filing posted Monday in 10-71, CenturyLink said it supported axing the network non-dupe and syndex rules, saying they "serve only to give local broadcasters a monopoly on national syndicated and network programming." Barring that, CenturyLink said, the exclusivity rules agreements on network programming should be suspended in retrans negotiation impasses. "No public interest is served by depriving consumers of network programming solely because a local broadcaster demands supra-competitive retransmission fees," the telco said Senior Vice President-Federal Policy and Regulatory affairs Melissa Newman told Clyburn and Rosenworcel representatives and staffers of Commissioners Ajit Pai, Michael O'Rielly and Chairman Tom Wheeler in meetings.
The FCC should allow broadcasters a year to implement three proposed new emergency alert system (EAS) event codes, along with an interim phase-in period and a waiver process for broadcasters with legacy equipment, NAB said in comments filed in docket 15-94. The proposed codes “Extreme Wind Warning” (EWW), “Storm Surge Watch” (SSA) and “Storm Surge Warning” (SSW) are intended give public safety officials more specific alerts. NAB supports the new codes but said implementation will mean additional costs for some broadcasters and challenges for makers of EAS equipment. “Since it appears that some EAS equipment will require more attention than a simple, free software upgrade, NAB submits that a realistic waiver process is warranted for those broadcasters with legacy or other equipment that cannot be easily updated for the new event codes,” said the association. A “reasonable process” would allow six-month waivers for those that need them, with “one or more renewals to be considered on a case by case basis,” NAB said. AT&T also supports the new codes, and seconded NAB’s support of the yearlong implementation period. For AT&T’s U-verse network, ”one year is necessary to engage in the requisite end-to-end testing and iterative work with its EAS equipment manufacturer to ensure the integrity of the modified architecture,” said that pay-TV and telecom provider.
The FCC Enforcement Bureau's new system for online complaint submission is unlikely to lead to quicker complaint resolution, said Fletcher Heald's CommLawBlog in a post Tuesday. "Being able to determine that your complaint is somewhere in the process isn’t the same as knowing when your complaint is going to be resolved," said the blog post. "With far fewer boots on the ground ... significantly longer resolution times can be expected," said the post. "Whether the new process will prove to be anything more than a cosmetic step that creates the illusion -- but not the reality -- of actual responsiveness remains to be seen."
The UHD Alliance foresees coming out with two logo programs, one for alliance-compatible devices, and a step-up for “premium” devices, alliance President Hanno Basse told us Saturday in Berlin at IFA. The alliance plans to have “a lot of things to share” at January CES, including details on its logo, licensing and compliance programs, said Basse, who's Fox’s corporate chief technology officer. The dual logos will apply only to the hardware, not the content, he said. The testing the alliance has done to help draft its specifications (see 1508310035) involved “several hundred” consumers, mainly in Los Angeles, Basse said. “They had the chance to compare a multitude of different viewing experiences, so to speak.” Philips, backer of one of two optional high-dynamic-range systems in the Ultra HD Blu-ray spec along with Dolby Vision, is among the latest companies to join the alliance, Basse said.
Pandora said its 99-cent One Day Pass service will be available in the U.S. beginning Thursday for Android and iOS devices. The a la carte offering gives listeners 24 hours of Pandora One benefits: the ability to build channels around their favorite artists, songs and stations without ads and to skip more songs than the six allowed with the free version of the service. Once a listener buys a Pandora One Day Pass, the listening experience will begin immediately and will continue in a user’s car and connected devices, said the company.
Italy is the most TV-watching of major European nations, though Italians' screen time pales compared with Americans' TV consumption, IHS said Wednesday in a study of European and TV viewing habits. Last year saw British TV viewing roughly three hours a day, down 14 minutes from 2013 and at a record low, while French and German viewers each averaged close to 3.5 hours a day in 2014 -- down about 10 minutes for French viewers and holding steady for Germans, IHS said. Average daily consumption of broadcast TV was up in Italy in 2014, to roughly four hours 20 minutes a day; including online and pay TV, it was at four hours 37 minutes. In Spain, average TV viewing was 242 minutes a day, IHS said. In the U.S., average TV watching was 351 minutes a day. That big difference between American and European consumption habits is due in part to the fact Americans often turn on the TV for background noise, while Europeans use radio, said Dan Cryan, IHS senior director-media and content.
LG Electronics used this week’s IFA in Berlin to demonstrate high-dynamic-range content delivery to its organic light-emitting diode 4K TVs, the company said in a Wednesday announcement. An IFA “highlight” will be the world’s first demonstration with the BBC of HDR content delivery on the HbbTV 2.0 hybrid broadcast and broadband TV platform, streamed to LG OLED sets by the EBU using MPEG DASH technology, which enables HDR content streaming over the Internet to be delivered from conventional HTTP Web servers, LG said. It also will demo transmission of satellite HDR content using the SES Astra network, it said. Visitors to LG’s IFA stand also can experience HDR content delivered via Broadcom’s set-top box over HDMI, it said.
The UHD Alliance (UHDA) said consumer-driven testing will be part of the parameters leading to premium quality specifications for the Ultra HD ecosystem. “Our consumer testing is designed to help us confirm the possible combinations of features that collectively will help usher in a new era of in-home entertainment,” UHDA President Hanno Basse said in a news release. The alliance is also developing certification/compliance and logo programs. Current activities are focused on hardware and packaged and streamed content, and the alliance expects to turn next to specifications and certification/compliance programs for content distributed via broadcast, satellite and cable, UHDA said Monday. “Getting the right combination of resolution, dynamic range, colour and audio across broadcast, streaming and packaged media is essential for a step change in quality experiences,” Simon Gauntlett, chief technology officer of Europe’s Digital Television Group (DTG), said in the news release. “Wide industry collaboration is the only way to achieve this and to ensure that consumers have clear information.” Membership in UHDA has reached about 30 companies since its formation in January and includes Hollywood studios and consumer electronics companies representing the majority of the 4K Ultra HD TV market, developers of enabling technology and content distribution players. “The global Ultra HD ecosystem is poised for strong growth over the next several years,” said Paul Erickson, IHS Technology senior analyst.
The FCC should issue a forfeiture against Florida Cable for unauthorized retransmission of three Hearst TV stations, Hearst said in an enforcement complaint posted online Friday. Florida Cable “repeatedly ignored Hearst’s numerous requests” to stop retransmitting WESH Daytona Beach, WKCF Clermont and WMOR-TV Lakeland, the complaint said. The companies had a retransmission consent agreement from January 2012 until December 2014, but Florida Cable defaulted on its monthly fee payments starting July 2014, Hearst said. Since Hearst sent the cable company retransmission consent election notices, Florida Cable isn’t allowed to transmit them as must-carry stations, Hearst said. The stations are still being retransmitted on Florida Cable, and none of Hearst’s overtures yielded a response, the complaint said. Florida Cable didn't comment.