Eliminating FCC exclusivity rules isn't deregulation, since the programming market without them isn't purely private due to the existence of compulsory licenses, CBS, Disney and NBCUniversal executives told Commissioner Ajit Pai's chief of staff, Matthew Berry, according to an ex parte filing posted Wednesday in docket 10-71. The "below-market rates set by government" in those licenses also don't deter from the import of distant broadcast signals, and cable distant signal license rates don't cover network programing anyway, the networks said, saying the FCC should leave the network nonduplication and syndicated exclusivity rules alone "until there is a holistic review of the entire statutory and regulatory structure, including the compulsory licenses." The three also argued a rules repeal would mean networks likely terminating affiliation agreements with stations whose signals are being imported into distant markets, and while the network lines up a new affiliation agreement viewers would see big disruptions -- "far greater than a retransmission consent impasse" in the distribution of network programming, including over-the-air transmissions. They disputed the argument that the exclusivity rules are akin to the sports blackout rules (see 1510060055) because the latter is about duplication and access to programming is still available through other means such as over the air.

Fans of doing away with FCC exclusivity rules are increasingly likening them to the sports blackout rule as unnecessary because making exclusivity part of retransmission consent agreements with cable operators can accomplish the same thing. The American Cable Association, Mediacom and Time Warner Cable in an ex parte filing posted Tuesday in docket 10-71 and Comptel, ITTA, NTCA and Public Knowledge in a separate ex parte filing the same day raised the analogy in making their cases for rule repeals. Legislative history doesn't support broadcaster arguments for keeping the exclusivity rules, Comptel et al. said. Though broadcasters have pointed to Senate report language from 1991 seemingly indicating lawmakers' wishes that the exclusivity rules stand, that language actually indicates the FCC "should hesitate to change its rules in a manner that would allow distant stations to export their signals to markets where a local station has bargained-for exclusivity," Comptel et al. said. That the 1992 Cable Act doesn't even mention the exclusivity rules -- to the contrary, it makes it clear it doesn't alter the Copyright Act which indicates the FCC might amend or repeal the exclusivity rules -- also is significant, ACA et al. said. Repealing the exclusivity rules wouldn't do this because such a distant station's own contractual agreements likely would ban it, the Comptel group said. The very dearth of exclusivity complaints filed by broadcasters points to the rules being unnecessary for safeguarding broadcasters' contractual exclusivity arrangements with program suppliers, the Comptel group said, saying they more likely "distort the marketplace" by giving encouraging local stations, networks and programmers to continue with the arrangements "instead of exploring new ways to deliver programming to viewers." Minus such rules, local station/network affiliation agreements and local stations' multichannel video programming distributor retrans agreements still limit cable importation of distant signals, the groups said. Minus such rules, networks and programing suppliers still have "ample recourse in the courts" to go after "rogue affiliates" that grant retrans rights to MVPDs without any authority, Comptel et al. said. Meanwhile, "it is perfectly fair" for local broadcasters to negotiate with cable operators for guarantees the MVPD will black out some or all duplicative network or syndicated programming airing on other stations it carries, as well as the means by which the cable operator would identify the programming to be blacked out and the way such disputes would be resolved other than filing a complaint with the agency, ACA et al. said. The Comptel filing recapped a meeting between representatives of the groups and staff in Commissioner Ajit Pai's office. The ACA filing covered a pair of meetings between executives from the cable interests and staff of Pai and of Commissioner Mike O'Rielly.

The possible blackout of Tegna-owned stations on Dish Networks was pushed back 24 hours, as the two said Wednesday they agreed to a one-day contract extension as talks continue. The current agreement, covering 51 local channels in 39 markets, was to expire at 7 p.m. Wednesday (see 1509280014).

Rentrak and comScore are combining, with Rentrak becoming a subsidiary of comScore, the companies said in a news release Tuesday. Rentrak shareholders are expected to own nearly 34 percent of the combined company, while comScore shareholders will own close to 66 percent. Serge Matta, comScore CEO, will lead the combined company and Bill Livek, Rentrak CEO, will be president. The deal will enable the company to "introduce a more comprehensive and precise set of solutions for measuring media consumption and advertising across platforms," said the companies. The transaction is expected to be completed early in 2016 upon regulatory and shareholder approval, said the release.

Netflix partnered with Virgin America to bring free Wi-Fi access to Netflix subscribers on the airline's 10 new planes equipped with ViaSat Wi-Fi, the streaming video service said in a news release Tuesday. The promotional offer allows passengers to access their Netflix accounts on smartphones, tablets and laptops, and will continue through March 2, Netflix said.

Panasonic Avionics and Rovi will collaborate to enhance Panasonic's in-flight TV service, the companies said in a news release Tuesday. Panasonic will use Rovi's metadata to manage its entertainment inventory and provide programming information for its TV offering, the release said.

Dish Network still hopes to reach a retransmission consent deal before a Tegna contract expires Wednesday, leading to a blackout of 51 local channels in 39 markets, the satellite company said Saturday. “Since we offered to retroactively true them up when new rates were agreed upon, Tegna has nothing to lose and consumers have everything to gain from an extension of our existing contract that would allow negotiations to continue,” said Warren Schlichting, Dish senior vice president-programming. “Tegna has not accepted our offer and has chosen to use consumers to gain leverage for the economic benefit of Tegna, while potentially causing substantial harm and disruption to the lives of those very same consumers who ultimately will bear the brunt of the unfair price increases sought by Tegna.” In response, Tegna said in a statement that Dish subscribers and its viewers "are best served through a long-term contract for carriage of our local stations. If both parties remain 100 percent focused on productive, market-based negotiations there is no reason a deal cannot be reached before the contract expires. Tegna remains entirely committed to that goal."

Consumer viewership information provider Rentrak bought big data platform company SponsorHub, the acquirer said in a news release Friday. The acquisition allows Rentrak to offer products that measure the effect of social media on TV, dynamic advertising insertion, online video ads, movies and branded content integration, it said.

NAB is wrong about the American Cable Association's position on ending the broadcast TV exclusivity rules, ACA said. In a statement Thursday, ACA CEO Matthew Polka challenged NAB's assertion that ACA favors the FCC "outlawing exclusive broadcaster arrangements altogether" -- as Rick Kaplan, NAB executive vice president-legal and regulatory affairs, said in a blog post Wednesday (see 1509230037). "ACA’s position has always been that should the FCC repeal the exclusivity rules, it should seek to protect traditionally offered out-of-market stations, like significantly viewed stations, at the same time, and does not need to limit other types of exclusivity arrangements," Polka said. "Such a blatant mistake warrants policymakers who read the NAB blog to fact-check all of NAB’s claims in the blog to make sure they are not also mischaracterized.”

Doing away with the network nonduplication rule should be put on the back burner until the FCC first tackles possible changes to the totality of circumstances test and until the GAO has finished a proceeding on whether compulsory copyright licenses should be eliminated, NBCUniversal said in an ex parte filing posted Thursday in docket 10-71. Network nondupe protects against network programming duplication, helping preserve the value of programming and ensuring local broadcasters have the dual revenue stream of advertising revenue and retransmission consent fees that they rely upon, NBCUniversal said. The rule also "serves as an essential counterweight" to compulsory copyright licensing, giving a route for protecting nonduplication rights, and Congress has been clear that it sees value in the protections that come with the exclusivity rules, NBCUniversal said. "It is a hollow argument to suggest that the Commission's limited role in enforcing nonduplication protection is no longer needed because the parties can craft private remedies and then, in a separate and ongoing proceeding, proposed to eviscerate those same remedies," NBCUniversal said, pointing to the FCC's looking at changes to the totality of circumstances test. The filing recapped meetings between a variety of NBCUniversal executives and Commissioners Michael O'Rielly, Ajit Pai and Jessica Rosenworcel, and Commissioner Mignon Clyburn's chief of staff.