Ending Bundling Allows Discrimination Against Niche Programming, NAB Says
The FCC involving itself in programming negotiations "is almost certain to result in less diversity on pay TV systems," NAB said in a filing posted Thursday in docket 16-41. Citing the American Cable Association urging the FCC to act on…
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bundling -- particularly forced bundling of specialty or niche programming (see 1608290048), NAB said that would lead to "extremely unfortunate exclusionary effects." Naming a variety of networks that specifically target non-white audiences, NAB said ACA appears to suggest those should go on cable lineups only in communities with big non-white populations. "There is simply no reason for the Commission to adopt policies ensuring that niche programming only reaches a narrow audience," NAB said, saying such programing depends on reaching nationwide or near-nationwide audiences. Instead, NAB said, the agency should reject any "ability of pay TV operators to discriminate against 'urban' or 'Spanish-language' channels." NAB defended bundling practices during the FCC's independent programming proceeding (see 1603300055). "For broadcasters to suggest that ACA's position promotes 'segregation ... according to race and ethnicity' is unfortunate and highly misleading," the association said in a statement. "ACA made a simple point: Overall diversity increases when individual small cable operators can choose the programming that best serves their particular local audiences (like independent Spanish-language programming in Puerto Rico). And overall diversity decreases when big conglomerates can force their national networks upon local audiences that may not want them (like the Esquire Network in some rural areas). Nothing about this position should surprise broadcasters -- who, after all, have a rule allowing them to reject unwanted network programming."