WASHINGTON—The Federal Communication Commission's request for comments on "outdated" rules that should be deleted has prompted Echostar, the owner of Dish, to file comments urging the agency to eliminate rules that prevent satellite carriers from importing distant signals to replace the network programming lost during blackouts resulting from retransmission consent disputes.
The idea will certainly be opposed by broadcasters as it would significantly reduce their leverage during retransmission consent negotiations.
The FCC recently opened a docket called “Delete, Delite, Delete” asking for comments on rules that should be deleted. That docket has become the second most active on the agency's website, with 559 filings in the last 30 days.
The Echostar proposal would reduce the leverage that broadcast station groups have with pay TV operators during retransmission consent negotiations as it would allow Dish and other pay TV operators to import signals from another broadcast affiliate is airing a high profile sporting event or other highly desirable programming.
“Permitting the importation of a distant signal during blackouts is a simple way to protect consumers and restore balance to negotiations,” Echostar argued in the April 10 filing. “To help delete the current prohibition, the Commission does not need to enact a new rule: broadcasters have the power to waive the distant signal restriction. The Commission can accomplish this significant pro-consumer outcome by reminding broadcasters of the totality of the circumstances standard (47 C.F.R. § 76.65(b)) applicable to the good faith requirement and explaining that a refusal to grant a waiver in such circumstances can be relevant under the standard.”
In the filing, Ecostar also urged the FCC:
- Abolish the Syndicated Exclusivity and Network Non-Duplication Rules
- Abolish the Political File Rules Applicable to DBS Providers
- Decline to Issue Further Market Modifications
- Effectively Delete the Prohibition on Importing Distant Network Signals during
- a Blackout:
- Abolish the “HD Carry-one, Carry all” Rules
- Clarify the “No Alteration/Deletion” Rules
The complete filing can be accessed here. TV Tech’s full FCC coverage is available here.
