FCC Lacks Proof Syndex, Network Nondupe Rules Are Harmful, NAB Says
Eliminating the syndicated exclusivity and network nonduplication rules requires having a lot of evidence they're not necessary or harmful, and that's evidence the FCC doesn't have, said Jane Mago, NAB's now-retired general counsel, in an NAB blog Tuesday. "The record…
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
shows that the incentive to undermine exclusivity is actually stronger today, because cable actively pursues and earns a greater share of local advertising dollars," she said. "Why else would cable operators like Cablevision be asking not only to eliminate the current rules, but also to have the commission prohibit broadcasters from even bargaining for local exclusivity? The commission cannot conclude on this record that cable operators are unlikely to import duplicating distant signals harmful to local stations. That is going to be a problem for today’s FCC litigators if the commission repeals these rules." Meanwhile, the argument that broadcasters can pursue their contractual exclusivity rights in court ignores that court dockets already are crowded, meaning quickly addressing the issues is unlikely, and it's unclear what kind of civil remedy a station could pursue because a cable operator importing a duplicate signal has access to a compulsory license and isn't bound by network/syndicator/station contract, Mago said. When the FCC reinstated the syndex rule in 1988 after eliminating it in 1980, the agency "pointed to new studies and an extensive record to support its new decision," she said. "They had substantial data to rely on. I don’t see that here."