NAB, ACA Exchange Volleys in Retrans Fight

screen crawls about possible programming blackouts (see 1604270038), saying such a rule would violate the First Amendment and also "keep subscribers in the dark." NAB also said early termination fees that pay-TV companies typically charge "make it financially painful to drop ... service," so the likelihood consumers will switch providers is low anyway. And it said CenturyLink demands "are ... nothing more than a manifest attempt to use the Commission to shield it from the rigors of the marketplace" and repeated the call it has made throughout the proceeding that the FCC stay away from retransmission consent reforms. In a statement, CenturyLink said the NAB response "reflects the same degree of arrogance and anti-competitive tone new entrants face when attempting to negotiate fair rates and terms with broadcasters to further video competition and avoid unnecessary program blackouts. We stand with others like us who have similar challenges attempting to bring greater competition to the video market." In a separate filing Thursday, the American Cable Association submitted a 21-page response of its own -- as well as a 19-page response by Columbia University Professor Michael Riordan -- to a previous NAB filing arguing against an ACA argument that bundling of top-rated stations with regional sports networks should be considered a violation of good faith negotiating. NAB hasn't undermined the cable association's case, ACA said, adding that such a violation should carry the requirement that a broadcaster give a multichannel video programming distributor a 45-day extension of the retrans consent agreement. NAB didn't comment.