FCC Lacks Authority for Major Involvement in Retrans Matters, Meredith Says
The FCC doesn't have the power to substantially involve itself in retransmission consent matters, and can't regulate rates or force broadcaster consent and should ignore multichannel video programming distributors' "'mashup' of various out-of-context sources to try to create that authority…
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out of thin air," Meredith General Counsel-Local Media Joshua Pila told Commissioner Michael O'Rielly and legal advisers to Commissioner Mignon Clyburn and Chairman Tom Wheeler, according to an ex parte filing Friday in docket 15-216. Meredith also said that the 10 largest MVPDs account for 94 percent of MVPD subscribers, and those 10 dwarf the largest independent broadcasting groups. "Even if the Commission had authority to regulate rates or order carriage with the broadcasters' consent, there would be no reason to exercise it on behalf of MVPDs, most of which are far larger and have far greater resources (including large staffs of professional carriage negotiators and lawyers)," it said. The company said rising retrans fees reflect rising programming costs, so substantive retrans regulation wouldn't bring down consumer prices but would make it so broadcasters wouldn't have the needed resources for national programming or local news.