FCC Media Bureau Clarifies Broadcasters’ Negotiation Remedies
New Media and Technology Law
SEPTEMBER 6, 2016
Negotiations between television channels/networks and pay TV operators are a breed apart. But the critical factor that sets these negotiations apart is the actual regulation of the negotiations under three main categories of rules. Broadcasters may invoke “Must Carry” status or seek to negotiate terms for “retransmission” under FCC rules requiring “good faith” negotiations. The stakes are high and the consequence of failure – a “dark” screen – is all too public.