Federal Communications Commission fcc 14-141 Before the Federal Communications Commission
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- XLIX.procedural matters
- A.Paperwork Reduction Act
- A.Congressional Review Act
- LIV.Ordering Clauses
A.Other IssuesXLVIII.We reject the Baseball Commissioner’s assertion that the sports blackout rules remain necessary to protect the ability of MLB clubs to license to RSNs the exclusive right to televise home games.201 The Baseball Commissioner states that the sports blackout rules prevent MVPDs from exploiting the compulsory copyright license by importing distant broadcasts of games that MLB clubs have licensed to RSNs such as MASN and YES Network to televise on an exclusive basis.202 According to the Baseball Commissioner, the ability to protect these exclusive rights under the sports blackout rules incentivizes RSNs, as exclusive licensees, to televise the games in their local markets and incentivizes MLB clubs to license the distribution of games on distant broadcast stations (i.e., in the away team’s local market), thereby maintaining the overall availability of sports programming to television viewers.203 We note, however, that the sports blackout rules were not intended to protect the exclusive distribution rights granted by individual sports teams to RSNs, nor were they intended to prevent dual telecasts of the same game in the same local market.204 Rather, they were intended to promote the wide availability of sports events on television, and the Baseball Commissioner did not submit into the record any economic evidence or analysis that it would be profitable for baseball teams to curtail the availability of games on television if the blackout rules are repealed. Accordingly, we see no need to retain the sports blackout rules to protect RSN exclusivity.205 Additionally, the Baseball Commissioner’s proposal that we “strengthen” the sports blackout rules by prohibiting MVPDs from importing a distant station carrying a game that is being carried live on a local broadcast station is beyond the scope of this proceeding and we decline to consider it.206 XLIX.procedural mattersA.Regulatory Flexibility ActL.Final Regulatory Flexibility Analysis. As required by the Regulatory Flexibility Act of 1980, as amended (“RFA”),1 the Commission has prepared a Final Regulatory Flexibility Analysis (“FRFA”) relating to this Report and Order. The FRFA is set forth in Appendix C. A.Paperwork Reduction ActLI.This document does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4). A.Congressional Review ActLII.The Commission will send a copy of this Report and Order to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. § 801(a)(1)(A). A.Additional InformationLIII.For additional information on this proceeding, contact Kathy Berthot, Kathy.Berthot@fcc.gov, of the Policy Division, Media Bureau, (202) 418-7454. LIV.Ordering ClausesLV.Accordingly, IT IS ORDERED that, pursuant to the authority found in Sections 1, 4(i), 4(j), 303(r), 339(b), and 653(b) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 303(r), 339(b), 573(b), this Report and Order IS ADOPTED, effective thirty (30) days after the date of publication in the Federal Register. LVI.IT IS ORDERED that, pursuant to the authority found in Sections 1, 4(i), 4(j), 303(r), 339(b), and 653(b) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 303(r), 339(b), 573(b), the Commission’s rules ARE HEREBY AMENDED as set forth in Appendix B. LVII.IT IS FURTHER ORDERED that the Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Report and Order in MB Docket No. 12-3, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. LVIII.IT IS FURTHER ORDERED that the Commission SHALL SEND a copy of this Report and Order in MB Docket No. 12-3 in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. § 801(a)(1)(A). FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary APPENDIX A Sample Provisions in Network Affiliation Agreements Fox 17. Retransmission Consent: (a) Fox acknowledges that Licensee may from time to time grant its consent to the transmission or retransmission by MVPDs of Station’s signal in its entirety, including Fox Programming. Fox acknowledges that the rights under this Agreement include Licensee’s right to retransmission of Fox Programming by MVPDs pursuant to the mandatory carriage provisions or retransmission consent provisions of the Communications Act, as such may be amended from time to time; provided that (i) Licensee grants retransmission consent to such Station’s signal in its entirety for simultaneous retransmission on Standard Television without alteration, and (ii) Licensee shall not grant retransmission consent to any MVPD whose subscribers are located outside of the DMA in which Station Community is located. Fox shall have the right to terminate this Agreement immediately upon notice to Licensee upon a breach of the provisions of this Section 17. Station Affiliation Agreement between Fox Broadcasting Company and Meredith Corporation, Licensee of Station KPTV-TV, Portland, OR, July 1, 2012, ¶ 17(a), available at https://stations.fcc.gov/station-profile/kptv/ownership-reports/documents/browse-%3Econtracts_and_agreements. Similar provisions are included in the network affiliation agreements for the following Fox affiliates, which are available at https://stations.fcc.gov/:
CBS 7. Use of Network Programs. (d) Retransmission Consent. (1) Conditions for Grant. Broadcaster may grant consent to the retransmission of Affiliated Station’s signal by a cable system or other multichannel video programming distributor pursuant to the provisions of Section 325(b) of the Communications Act (hereafter, “retransmission consent”), provided one of the following conditions applies at the time retransmission consent is granted: (x) the cable system or other multichannel program service on which Affiliated Station’s signal is to be retransmitted serves television homes within Affiliated Station’s television market;(y) the majority of television homes served by the cable system or other multichannel program service on which Affiliated Station’s signal is to be retransmitted are in a county or community in which Affiliated Station’s signal is “significantly viewed” as defined in Section 76.54 of the FCC’s rules; or(z) the cable system or other multichannel program service on which Affiliated Station’s signal is to be retransmitted carried such signal on October 5, 1992, and does not receive such signal by satellite delivery.Notwithstanding anything to the contrary in the foregoing, in no case shall retransmission consent be granted to a television receive-only satellite service, or a direct broadcast satellite service, if Affiliated Station’s signal is to be retransmitted to such service to television homes outside of Affiliated Station’s television market other than (A) “unserved household(s),” as that term is defined in Section 119(d) of Title 17, United States Code, (B) within a community in which the signal has been determined by the Federal Communications Commission to be “significantly viewed” in accordance with Section 340 of Title 47, United States Code, or (C) households subject to statutory licensing pursuant to Section 119(a)(2)(C) of Title 17, United States Code. For purposes of this paragraph, a station’s “television market” shall be defined in the same manner as set forth in Section 76.55(e) and 76.59 of the FCC’s rules. Affiliation Agreement between CBS AFFILIATE RELATIONS and WGME, Inc., Licensee of WGME-TV, Portland, ME, Jan. 1, 2013, ¶ 7(d), available at https://stations.fcc.gov/station-profile/wgme-tv/ownership-reports/documents/browse-%3Econtracts_and_agreements. Similar provisions are included in the network affiliation agreements for the following CBS affiliates, which are available at https://stations.fcc.gov/ or in the station files in the FCC’s Reference Information Center:
NBC 16. Unauthorized Copying and Transmission; Retransmission Consent. (a) No Station shall authorize, cause, or permit, without NBC’s consent, any NBC Program or other material furnished hereunder to Station to be recorded, duplicated, rebroadcast or otherwise transmitted or used for any purpose other than broadcasting by Station as provided herein. Notwithstanding the foregoing, no Station shall be restricted in the exercise of its signal carriage rights pursuant to any applicable rule or regulation of the FCC with respect to the retransmission of its broadcast signal by any cable system or multichannel video programming distributor (“MVPD”), as defined in Section 76.64(d) of the FCC Rules, which is (a) located within the DMA in which the Station is located, or (b) was actually carrying Station’s signal as of April 1, 1993, or (c) with respect to cable systems, serving an area in which Station is “significantly viewed” (as determined by the FCC) as of April 1, 1993; provided, however, that any such exercise pursuant to FCC Rules with respect to NBC Programs shall not be deemed to constitute a license by NBC. NBC reserves the right to restrict such signal carriage with respect to NBC Programming in the event of a change in applicable law, rule or regulation. (b) In consideration of the grant by NBC to Stations of the Non-Duplication Amendments, each Station hereby agrees as follows: (i) Station shall not grant consent to the retransmission of its broadcast signal by any cable television system, or, except as provided in Section 16(b)(ii) below, to any other MVPD whose carriage of broadcast signals requires retransmission consent, if such cable system or MVPD is located outside the DMA to which Station is assigned, unless Station’s signal was actually carried by such cable system or MVPD as of April 1, 1993, or, with respect to such cable system, is “significantly viewed” (as determined by the FCC) as of April 1, 1993. (ii) Station shall not grant consent to the retransmission of its broadcast signal by any MVPD that provides such signal to any home satellite dish user, unless such user is located with Station’s own DMA. (c) If Station violates any of the provisions set forth in this Section 16, NBC may, in addition to any other of its rights or remedies at law or in equity under this Agreement or any amendment thereto, terminate this Agreement, with respect to the violating Station by written notice to Station at least ninety (90) days prior to the effective date of such termination. Affiliation Agreement between NBC Television Network and Nexstar Broadcasting, Inc., Licensee of KAMR-TV, Amarillo, TX; WHAG-TV, Hagerstown, MD; KARK-TV, Little Rock, Arkansas; and KTAL-TV, Shreveport, LA, Jan. 1, 2005, ¶ 16, available at https://stations.fcc.gov/station-profile/kamr-tv/ownership-reports/documents/browse-%3Econtracts_and_agreements. Similar provisions are included in the network affiliation agreements for the following NBC affiliates, which are available at https://stations.fcc.gov/ or in the station files in the FCC’s Reference Information Center:
WVIT-TV, New Britain, CT
Final Rules The Federal Communications Commission amends 47 CFR part 76 as follows: PART 76 – Multichannel Video and Cable Television Service
Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 558, 560, 561, 571, 572, 573.
LIX.Amend § 76.110 by revising the first sentence to read as follows: § 76.110 Substitutions. Whenever, pursuant to the requirements of the syndicated exclusivity rules, a community unit is required to delete a television program on a broadcast signal that is permitted to be carried under the Commission’s rules, such community unit may, consistent with these rules, substitute a program from any other television broadcast station. * * * LX.Amend § 76.120 by removing paragraph (e)(3) and revising the heading of § 76.120 to read as follows: § 76.120 Network non-duplication protection and syndicated exclusivity rules for satellite carriers: Definitions. LXI.Amend § 76.130 by revising the first sentence to read as follows: § 76.130 Substitutions. Whenever, pursuant to the requirements of the network program non-duplication or syndicated program exclusivity rules, a satellite carrier is required to delete a television program from retransmission to satellite subscribers within a zip code area, such satellite carrier may, consistent with this Subpart, substitute a program from any other television broadcast station for which the satellite carrier has obtained the necessary legal rights and permissions, including but not limited to copyright and retransmission consent. * * * LXII.Amend § 76.1506 by removing paragraph (m) and redesignating paragraphs (n) and (o) as paragraphs (m) and (n). APPENDIX C Final Regulatory Flexibility Analysis
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