Diversity NPRM Should Look Into Bundling, Most-Favored-Nation, Penetration Issues, ACA Says
Any NPRM on programming diversity should seek comment about the effects of forced bundling and penetration requirements and potential restrictions on those practices, the American Cable Association told FCC staff in a meeting, said an ex parte filing posted Monday…
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in docket 16-41. The agency also should seek comment about most-favored nation (MFN) language aimed at online providers and multichannel video programming distributors, the definition of "independent" programming and sources of FCC authority for action, ACA said. Bundling and penetration questions ACA wants to be asked include ascertaining the prevalence of such practices and how they inhibit MVPDs from carrying indie programming, and whether penetration requirements hinder cord shaving, which hurts broadband deployment, ACA said. The group said the FCC should seek comment on such possible sources of agency authority as Communications Act sections 257(b), about promotion of diverse media voices, 616(a), regarding establishment of rules governing program carriage agreements, 628(b), banning unfairly hindering competition in favor of affiliated programming, 325(c)(3), covering broadcast retransmission consent, and Telecom Act Section 706, directing the FCC to take action when telco capability is being deployed inefficiently. The meeting attendees included ACA Senior Vice President-Government Affairs Ross Lieberman and Media Bureau Chief Bill Lake. Bundling and MFN language was the subject of indie programmer vitriol in the agency's programming diversity notice of inquiry proceeding earlier this year (see 1603310044).