Eshoo Releases Draft Bill to Address TV Programming Pitfalls
WASHINGTON, D.C.—In advance of the Communications and Technology Subcommittee hearing this week on innovation versus regulation in the video marketplace, Ranking Member Anna G. Eshoo (CA-18) released draft discussion legislation. The Video CHOICE (Consumers Have Options in Choosing Entertainment) Act is intended to eliminate television blackouts caused by retransmission consent disputes and give consumers greater flexibility to choose the channels they receive each month from their pay-TV provider.
The discussion draft comes just after the conclusion of a month long retransmission consent dispute between Time Warner Cable and CBS, which resulted in a programming blackout that impacted several million consumers in eight U.S. markets. During the blackout, CBS also blocked access to its online video content for Time Warner Cable customers.
"A vibrant video marketplace is one in which there is healthy competition, consumer choice and basic protections to ensure consumers aren't caught in the middle of a dispute they have no control over," Eshoo said. "Recurring TV blackouts, including the 91 U.S. markets impacted in 2012, have made it abundantly clear that the FCC needs explicit statutory authority to intervene when retransmission disputes break down. This discussion draft is intended to spur constructive, actionable debate on ways to improve the video marketplace for video content creators, pay-TV providers and, most importantly, consumers."
The Video CHOICE Act has five key provisions:
- Preventing Broadcast Television Blackouts
Gives the FCC explicit statutory authority to grant interim carriage of a television broadcast station during a retransmission consent negotiation impasse.
- Ensuring Consumer Choice in Cable Programming
Ensures that a consumer can purchase cable television service without subscribing to the broadcast stations electing retransmission consent.
- Wholesale Unbundling of Broadcast Stations in Retransmission Consent Negotiations
Prohibits a television broadcast station engaged in a retransmission consent negotiation from making their owned or affiliated cable programming a condition for receiving broadcast programming.
- Examination into the Blocking of a Broadcast Station's Owned or Affiliated Online Content During Retransmission Consent Negotiations
Instructs the FCC to examine whether the blocking of a television broadcast station's owned or affiliated online content during a retransmission consent negotiation constitutes a failure to negotiate in "good faith."
- FCC Study of Sports Programming Costs
Calls for an FCC study of programming costs for regional and national sports networks in the top 20 regional sports markets.
9.9.13_Video_CHOICE_Act_Draft_Bill_Text.pdf
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