ACA to FCC: Put Retrans on Hold Until '09

The cable trade group asks the FCC to forbid broadcasters from pulling their signals from small and medium-size cable operators as a retransmission consent negotiating tactic between now and the digital transition next year to avoid confusing the public.
TVNewsCheck,

 

In a letter to FCC Chairman Kevin Martin today, the American Cable Association registered its "strong support" of a petition to impose a quiet period between broadcasters and cable operators during the coming round of retransmission consent negotiations to prevent public confusion surrounding the coming digital TV transition in February 2009. The filing is available here.

The Petition for Expedited Rulemaking, filed by ACA members Mediacom Communications Corp. and General Communications Inc., and other operators on April 24, would prevent broadcasters from removing their signals from an operator's system, a practice, ACA said, is used by broadcasters to gain leverage during retransmission consent negotiations.

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Retransmission agreements for between 3,000 and 5,000 small and medium-size, independent cable systems are set to expire on Dec. 31, 2008.  The ACA has asked that the commission act on its request expeditiously.

Citing the confusion and public harm that would be done if operators are forced to drop a broadcaster's signal in such close proximity to the digital TV transition on Feb. 17, 2009, today's letter requested a "modest quiet period" that would "absent a new retransmission consent agreement between the parties, require broadcasters and cable operators to maintain the status quo regarding the carriage of retransmission consent signals for a short period of time."

The proposed quiet period would maintain that status quo until May 31, 2009, to provide consumers with an adequate adjustment period.

ACA President-CEO Matthew M. Polka, said: "If broadcasters are allowed later this year and early next year to continue their practice of pulling signals during retransmission consent negotiations to force small operators into accepting unreasonable terms, all the tremendous work and effort that has gone into making the transition a success could be for naught.

"We certainly cannot expect cable customers to distinguish between a disruption in service because of the transition and one caused by broadcasters pulling their signal. The commission should do all it can to ensure contentious retransmission consent negotiations do not stand in the way of a smooth transition."

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