FCC Media Bureau Clarifies Broadcasters’ Negotiation Remedies
New Media and Technology Law
SEPTEMBER 6, 2016
Broadcasters may invoke “Must Carry” status or seek to negotiate terms for “retransmission” under FCC rules requiring “good faith” negotiations. On August 26, 2016, the FCC Media Bureau ruled that broadcasters are limited to the first bucket above, the Must Carry/Retransmission Consent rules. ( In re Liberman Broadcasting, Inc. Under the Media Bureau’s ruling, broadcasters may look solely to the Retransmission Consent rules to regulate their carriage negotiations.