FCC Sees Calls for Action in Indie Programming NOI Replies
The FCC is seeing some push to follow up its notice of inquiry on independent and diverse programming with action. Tuesday was the deadline for replies in docket 16-41, and the FCC's filing systems were partly down. While numerous large…
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conglomerates have argued that the video market is too competitive for them to have any real gatekeeping power, and that they also provide wide programming diversity in their lineups, indie programmers see the opposite, the American Cable Association said in comments to be filed in the docket. Indie programmers' comments also show that forced bundling is a problem since it constrains capacity on multichannel video programming distributors' systems, that penetration requirements often relegate indie programming to higher tiers, and that most-favored-nation clauses end up preventing carriage of indie networks, ACA said. It said the FCC at some point should move to a diversity rulemaking, and it "can and should act now" through addressing bundling involving stations via its current proposed retransmission consent rules changes and by updating its program access rules to let the National Cable TV Cooperative bring complaints. The FCC also could use its authority under Telecom Act Section 706, which allows for regulating practices -- including video service provision -- if they hinder broadband deployment, it said. The FCC's focus needs to not be on surface issues like what genres of networks are on an MVPD's channel lineup, but on ownership diversity and making sure indie networks have access to those linear platforms, One World Sports (OWS) said Tuesday in the docket. MVPDs often don't have the bandwidth and programming dollars to add such networks because of such practices as forced bundling by large media conglomerates, OWS said, saying the agency's next step should be an NPRM on a prohibition of or limits on forced bundling and tying of programming. Not every indie programmer is seeking an FCC fix. National Religious Broadcasters bemoaned the difficulties indie programmers have in getting carriage but cautioned against "a [regulatory] move in the name of diversity towards a subjective, government-favored content regime or so-called 'fairness' censorship on video programmers or any other form of electronic media." Instead, it said in a filing that it hopes the NOI will lead to programmer talks with MVPDs that result in their being more interested in carriage "for the valuable faith and family programming of religious channels."