A group of 20 Democratic Senators led by Sen. Ben Ray Luján (D-N.M.) is asking the Federal Communications Commission to refresh the record on its 2014 proposal to define some video-streaming services as MVPDs subject to agency regulation.
They join House Democrats and others who have also called for a new look at an old issue. By contrast, Republicans have told the FCC not to reopen the issue of applying traditional cable operator regulations to streaming services that offer similar channel lineup offerings online.
Nothing came of that 2014 notice of proposed rulemaking (NPRM), but the senators, in an October 18 letter to the FCC, said a refresh was necessary to make sure that unique local broadcast content could be accessed over streaming platforms.
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“The shift from broadcast, cable and satellite to streaming has profound impact on existing laws, regulations and agreements that have been foundational in support of public safety and access to local news,” the senators wrote. Those foundational agreements are a reference to the must-carry/retransmission consent rules that require multichannel video programming distributors (MVPDs) to negotiate for carriage of that unique broadcast content if broadcasters seek payment, or carry the signals if a broadcaster elects must-carry.
Given that sea change in how consumers see their content, the senators said the FCC needs to “seriously consider” how to prevent the “explosion” of streaming technologies do not undermine “a thriving, locally focused broadcast system that is the envy of the world.”
That consideration, they said, translates to “[refreshing] the aging, unclosed record from the 2014 proceeding by seeking new public comments to provide updated video marketplace information.”
The effort is being applauded by broadcasters.
“We are grateful to Sen. Luján and his Senate colleagues for urging the FCC to examine the impact of streaming on viewer access to local broadcast stations by refreshing the record in the virtual MVPD proceeding,” National Association of Broadcasters president and CEO Curtis LeGeyt said.
