https://docs.fcc.gov/public/attachments/DOC-360832A1.pdf
Just going to the end of this, to show that some of the deregulatory binge the
FCC is on won't help broadcasters. And the rules they want to keep in place,
illogically, are archaic, and will (or have already) become irrelevant on their
own.
"Finally for today's list, there are a number of what I call the Zombie
Proceedings, which I would humbly suggest should be 'killed off.' These are
rulemakings that were started under previous Commissions and for one reason or
another have never moved forward, but have remained pending, not having been
brought to a close."
So naturally, if they existed in the Obama era, they must be bad news. Let's
take a look.
"These include, in my opinion, the proposed classification of over-the-top
(OTT) platforms as MVPDs;"
This is actually the biggest one. Why would broadcasters *not* want OTT sites
to be considered MVPDs? I would not, for sure, nor is there any need, given how
much competition there is among OTT sites. But what could be better for local
broadcasters, than to force all OTT sites either into "must carry" or into
"must pay us big bucks to carry," with no possibility to just say no? Imagine,
for example, if Locast were forced to be classified as MVPD. Broadcasters might
actually quit bitching about Locast.
"the proposed repeal of network nonduplication and syndicated exclusivity
programming rules;"
How odd for a deregulatory binger to oppose the repeal of a clearly outdated
set of rules. As much as broadcasters might like these rules, aside from
Locast, I don't see any attempt to worry about nonduplication, from OTT sites.
So, as people bail out of the legacy MVPD model, and as the FCC has no
intention of making OTT sites behave like MVPDs, why this sudden interest in
archaic rules for an archaic distribution model? Any nonduplication rule, when
it exists, is being handled by the OTT parties involved, case by case. As it
should. I can assure you, the cbs.com web site duplicates all of our local CBS
broadcaster's prime time and other programs. Has for more than a dozen years.
Other TV network web sites, Netflix, Hulu, Sling, etc., same thing.
"the set top box rules proposal;"
Not sure what he's referring to, other than standardizing those interfaces.
Today, the Internet marketplace is handling that problem, which was created by
monopoly distortions of the legacy MVPD model. That STB has morphed into a
standard Internet router. People expect their Internet appliances to work, when
connected to the Internet, including "connected TVs." So, even though the FCC
is doing a favor to the MVPDs, that's not the future.
"the proposal on sponsorship ID and embedded advertising rules;"
I just find it odd to see this coy blacking out of things like brand insignia
on cars, in TV shows. Like, blacking out of the Ford oval, when Fords are in
the program, or the Mercedes or Chevy symbols. Seems ridiculous. Although I
doubt that's related to the above rule. I believe this is networks that don't
want to give away free advertising.
In general, I don't see why broadcasters should be particularly pleased by
these FCC ideas, aside from those that involve less record keeping and less
mandatory reporting.
Bert
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