Cable Electronic Notification Item Seen Generating Little Pushback
Cable allies predict little pushback on the FCC's draft NPRM that would expand the number of notifications cable operators can email subscribers rather than mail out as hard copies. Broadcasters and MVPDs likely will back the agency's idea for ditching certified mail as the sole means of communicating carriage election choices, broadcast lawyer Jack Goodman said.
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American Cable Association Senior Vice President-Government Affairs Ross Lieberman said the draft, to be voted on at commissioners' December meeting (see 1711220026), likely won't be highly controversial. The item seems to be consistent with Chairman Ajit Pai's pledge to reduce agency regulatory burdens, Lieberman said. A cable official said the NPRM likely will get a 5-0 vote, as did the November decision on an NPRM regarding elimination of Form 325 reporting requirements for cable operators (see 1711160054) and the June declaratory ruling allowing for emailing of annual notices (see 1706210053). NCTA and ACA pushed for electronic delivery of other items beyond annual notices (see 1706130007). NCTA didn't comment.
Alleviating mailing burdens could give operators significant savings in costs and time, an industry official said. Another said any concerns potentially raised about the draft NPRM likely would involve narrow issues and not keep the item from being adopted.
The draft would let various generic communications be emailed to verified subscriber addresses, including notices about deleted or repositioned broadcast signals, rate and service changes, basic tier availability, and equipment compatibility offers. The agency tentatively concludes operators have to maintain a mechanism for subscribers to opt out of email notification and continue to receive hard copies in the mail. It asks for comment on allowing cable operators to provide subscribers notices of general information at time of installation, with that information afterward available via the cable operator's website instead of being mailed or emailed annually. The NPRM would propose the companies be allowed to respond to consumer requests or billing disputes by email if the consumer made the request or complaint via email.
The draft seeks comment whether to allow broadcasters to use certified mail alternatives like express delivery services or email when they notify MVPDs about their carriage elections. Certified mail "is a pain," given the difficulty of finding actual addresses for cable systems, said Goodman. In large markets, all the various certified letters also add up in expense, he said: "It's a nuisance for everybody." A San Francisco broadcaster filed a carriage complaint against Dish Network about it notifying the MVPD via priority express mail instead of certified mail (see 1711300033).
In a Media Bureau discussion on the question of allowing subscriber privacy notifications for cable operators be delivered electronically, AT&T urged the agency also ask similar questions about direct broadcast satellite notice requirements, recounted a docket 17-105 filing posted Thursday.