The Viodi View

[Editor's Note:  Bob Primosch is a Partner with the communications law firm Wilkinson Barker Knauer, LLP, Washington, D.C. (rprimosch at wbklaw dot com)]

Last week the FCC released new rules cutting the rates independent programmers must pay to lease channels on cable systems.  Under federal law, cable systems must set aside up to 15% of their channels for this purpose.  The FCC lowered the ‘maximum reasonable rate’ for these channels to 10 cents per subscriber per month – however, the lower rate is not be available to programmers who offer predominantly home shopping or infomercial programming.  Cable operators seeking to charge programmers more must show that a higher rate is reasonable.   The FCC has also adopted rules designed to speed up the process of leasing channels.  Although the cable industry may appeal all of this, that may not stop the new rates from going into effect this summer.

Popularity: 18% [?]

[Editor's Note:  Bob Primosch is a Partner with the communications law firm Wilkinson Barker Knauer, LLP, Washington, D.C. (rprimosch at wbklaw dot com):

The FCC is considering whether to prevent local television stations from requiring cable operators to carry extra programming services as a quid pro quo for giving retransmission consent.  Likewise, the FCC also is considering whether cable networks should be prohibited from ‘tying’ other programming to their channels.  This rulemaking remains open, so interested parties may still make their views known to the FCC.

Popularity: 18% [?]

[Editor's Note:  Bob Primosch is a Partner with the communications law firm Wilkinson Barker Knauer, LLP, Washington, D.C. (rprimosch at wbklaw dot com):

I have heard that there may be some confusion over the FCC’s new viewability requirements for cable systems that carry DTV signals.  This has nothing to do with multicast must-carry, which remains an open issue.  Instead, cable systems that provide analog service must downconvert DTV must-carry signals to analog format at their own expense and deliver them to subscribers who do not have DTV sets.  This obligation is scheduled to sunset on February 19, 2012.  A group of programmers (including C-Span, A&E and The Weather Channel) has already appealed the new requirement on First Amendment grounds, claiming it amounts to a dual carriage requirement that may force them off their cable channels.

Popularity: 18% [?]

[Editor's Note:  Bob Primosch is a Partner with the communications law firm Wilkinson Barker Knauer, LLP, Washington, D.C. (rprimosch at wbklaw dot com)]

The FCC recently voided all exclusivity clauses in service contracts between cable systems and owners of MDUs (the cable industry has already filed an appeal and asked for a stay of the FCC’s decision).  This does not apply only to apartment buildings – it also applies to other centrally managed residential properties such as gated communities and mobile home parks.

Popularity: 16% [?]