ATVA Continues Push for Forced Bundling Restrictions in Retrans Talks
Echoing labor law terminology, American TV Alliance said carriage of a station's primary programming stream is the "mandatory subject" of retransmission consent negotiations, and broadcasters insisting on forced bundling provisions in retrans talks violate good-faith negotiating, in an ATVA filing…
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Friday in docket 15-216. ATVA said its proposal to restrict forced bundling (see 1512010052) would still let broadcasters offer such terms; "it merely could not insist on such carriage over the objection" of a multichannel video programming distributor. Broadcasters also should be required to make a legitimate stand-alone offer, ATVA said, with the test of how bona fide that offer is including questions of whether the stand-alone offer is the same or higher than the bundled offer, whether the broadcaster provided any explanation for the stand-alone offer, whether anyone has ever accepted the stand-alone offer, and how that stand-alone offer's price compares with those of close substitutes. The coalition elaborated on its argument that the FCC has authority to adopt ATVA proposals and to order interim carriage despite NAB arguments otherwise (see 1603170056), citing language in the Communications Act. In a statement Friday, NAB said, "The FCC has no authority in this area, previous Commissions have concluded. We agree with those conclusions. No broadcaster has ever been found to have violated the good faith rules. Ever. The only violators of good faith rules have been -- wait for it -- pay TV providers." While Fox and Dish Network have settled the lawsuit regarding the latter's AutoHop ad-skipping service (see 1602110012), MVPDs remain concerned about broadcaster restrictions on technology functions, ATVA said, with one broadcaster in retrans negotiations demanding the MVPD not give subscribers any options for skipping or fast forwarding through ads, or carry ads of any such device or service. Some MVPDs said broadcasters also have sought restrictions on network DVRs, picture-in-picture and mosaic functionality, and search and recommendation functionality, ATVA said.