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NAB Still Resistant to Some Retrans Quiet Period Ideas
Broadcasters continue to be resistant to cable and satellite TV calls for a long-term quiet period that would quell any retransmission consent skirmishes during the nation's transition to digital TV.
In a filing sent to the Federal Communications Commission this week, the National Association of Broadcasters reiterated some of its concerns with a push to establish a period surrounding the digital TV transition in which cable operators - and presumably satellite TV services - can carry broadcast signals even if they do not have consent. Small cable interests and DISH Network have been lobbying the FCC for a retrans quiet period.
In its comments, NAB said the retransmission consent regime "carefully crafted by Congress specifically grants broadcast stations the right to control whether their signals may be retransmitted, and to negotiate the terms of such carriage through private agreements" The group added that "regulatory interference" with those negotiations would be contrary to Congressional intent.
The broadcaster organization also said marketplace negotiations have worked for five rounds of cable must-carry elections and three rounds of DBS elections. "Thousands of retransmission consent agreements have been negotiated during the 15 years since the first election cycle, not one of which has resulted in a finding of a broadcaster's failure to negotiate in good faith," NAB said.
In addition, NAB pointed to an offer made by broadcasters in which TV station owners would voluntarily agree not to remove their signals from pay-TV providers during the digital TV switch. The association said about 75 percent of commercial television stations have endorsed the four-week quiet period approach.
Small cable has lobbied for a six-month quiet period, while DISH has suggested a timeframe that begins in December.
Broadcasters continue to be resistant to cable and satellite TV calls for a long-term quiet period that would quell any retransmission consent skirmishes during the nation's transition to digital TV.
In a filing sent to the Federal Communications Commission this week, the National Association of Broadcasters reiterated some of its concerns with a push to establish a period surrounding the digital TV transition in which cable operators - and presumably satellite TV services - can carry broadcast signals even if they do not have consent. Small cable interests and DISH Network have been lobbying the FCC for a retrans quiet period.
In its comments, NAB said the retransmission consent regime "carefully crafted by Congress specifically grants broadcast stations the right to control whether their signals may be retransmitted, and to negotiate the terms of such carriage through private agreements" The group added that "regulatory interference" with those negotiations would be contrary to Congressional intent.
The broadcaster organization also said marketplace negotiations have worked for five rounds of cable must-carry elections and three rounds of DBS elections. "Thousands of retransmission consent agreements have been negotiated during the 15 years since the first election cycle, not one of which has resulted in a finding of a broadcaster's failure to negotiate in good faith," NAB said.
In addition, NAB pointed to an offer made by broadcasters in which TV station owners would voluntarily agree not to remove their signals from pay-TV providers during the digital TV switch. The association said about 75 percent of commercial television stations have endorsed the four-week quiet period approach.
Small cable has lobbied for a six-month quiet period, while DISH has suggested a timeframe that begins in December.