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Nexstar Violating Ownership Cap, Charter Says

Nexstar is violating the 39% broadcast ownership limit by negotiating retransmission consent rates for Mission Broadcasting’s WPIX New York through a local marketing agreement, said Charter Communications in an informal complaint sent to the FCC Media Bureau last week. The…

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complaint makes accusations similar to a Comcast petition from July (see 2107140059). Both complaints argue Nexstar dodged FCC ownership and retransmission consent rules by divesting WPIX to Scripps to buy Tribune but retaining an option to repurchase the station, transferring that option to Mission, and then operating WPIX through an LMA once Mission bought it. Media Bureau Chief Holly Saurer told Comcast in a March letter its petition would be treated as an informal complaint and the bureau was reviewing the matter. Nexstar filed breach of contract lawsuits against Charter and Comcast -- in Delaware and New York, respectively -- that Charter says are an attempt to further evade FCC scrutiny, according to the complaint and filings. Charter sought a stay of the litigation until the FCC rules on Comcast’s petition, but Nexstar opposed the stay, “creating a real risk of inconsistency on the same issue between the Commission and two different courts,” Charter said. “Permitting such forum shopping may embolden Nexstar (and others) to flout Commission directives.” Nexstar declined to comment.