Mediacom Arguments for Retrans Rule Changes 'Sometimes Downright Silly,' NAB Says
Mediacom's worries about "additional stations" provisions in retransmission consent negotiations (see 1602040041) are just the latest in "a long string of similar (and sometimes downright silly) requests to alter the rules governing retransmission consent in their favor," NAB said in…
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an FCC filing Thursday in docket 15-216. The "additional stations" language refers to when a broadcaster's retrans deal with a pay-TV company lets the broadcaster expand the deal to include any stations it acquires during the pendency of the contract. The association said the provision is akin to a most-favored nation clause, so Mediacom's complaint "is rich, given that [multichannel video programming distributors] pioneered the use of MFNs in retransmission consent agreements, squeezing dollar after dollar out of smaller broadcasters along the way." NAB said Mediacom offered no evidence such provisions are prevalent and said the cable company is likely mischaracterizing broadcaster proposals intended to cover joint sales agreements. In an email Friday, Mediacom Senior Vice President-Government and Public Relations Thomas Larsen told us he anticipated responding in coming days with a letter showing actual "additional station" language the company has seen in retrans contracts. NAB also echoed what has been a repeat talking point of broadcasters, that the FCC totality of circumstances test review is off base (see 1602080063): "The longer the Commission holds up the flypaper of retransmission consent reform, the more flies it will attract. It's time to close this proceeding, zap the flies and allow the parties to focus on negotiating with each other rather than the FCC." CBS CEO Les Moonves lobbied against addressing the totality of circumstances test in a meeting earlier this month with FCC Chairman Tom Wheeler (see 1602110062). In a statement Friday, the American TV Alliance said it was "no wonder Moonves is trying to create a distraction after one of his affiliates just threatened to black out the Super Bowl. It's apparent that broadcasters see the writing on the wall as their years of bilking consumers for more cash are finally coming to an end." ATVA also said the number of TV blackouts hit 193 last year, up substantially over the past five years and affecting 12 million Americans.