Lack of Retrans Woes Belies Need for Good Faith Reforms, Graham Says
The only retransmission-related blackouts Graham Media Group ever sees come from "an extended lack of responsiveness" from some multichannel video programming distributors, which is exactly why the FCC needs to reject the lopsided totality of circumstances test changes being proposed…
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by some MVPDs, Graham said in an ex parte filing Thursday in docket 15-216. Even if the FCC had the authority, for example, to require stations to enter into binding arbitration -- which it doesn't -- arbitration is prohibitively expensive and such a requirement would make retrans "more cumbersome," Graham said. It was critical of proposals to restrict after-acquired stations provisions. It said retrans fees usually aren't the most difficult issue in negotiations, but rather MVPD demands for alternative distribution rights or most-favored-nation provisions. The ex parte recapped meetings between Graham CEO Emily Barr and General Counsel Heidi Schmid Whiting and FCC Commissioner Mike O'Rielly, Media Bureau Chief Bill Lake, aides to Commissioners Ajit Pai and Jessica Rosenworcel, an aide to Chairman Tom Wheeler and others.