We start the new year with a new reporting requirement for cable, satellite, and TV stations. Under a new FCC rule adopted on January 3, cable and satellite systems must report any broadcast blackouts related to stalled retransmission consent negotiations. According to the FCC:
“[W]e require the reporting of broadcast station blackouts lasting over 24 hours that occur on cable and satellite TV platforms due to a retransmission consent negotiation impasse. The light-touch reporting framework we adopt today requires public reporting of the beginning and resolution of any qualifying blackout and confidential submission of information about the number of subscribers affected.”
According to the FCC, “This reporting will fill a basic information gap in the Commission’s awareness of such blackouts.” The FCC believes that maintaining such a database will increase transparency around the frequency and duration of broadcast station blackouts for the public. The FCC noted that the current patch work of information did not keep the FCC sufficiently informed about disruptions in the marketplace.
Cable and satellite carriers will be required to file a notification with the commission for any blackout lasting more than 24 hours. The FCC envisions a two-step process, with reporting required at the beginning and the end of the blackout.
“The initial notification will provide basic blackout information, both public and confidential, to the Commission no later than two business days after a blackout becomes reportable (Initial Blackout Notification). The final notification, submitted no later than two business days after the end of the reportable blackout, will publicly identify the date retransmission resumed (Final Blackout Notification)."
The information will be collected online. Public non-confidential blackout information collected through the FCC’s portal will then be available on the Commission’s website. While cable and satellite operators are required to submit the information, broadcasters are allowed to voluntarily submit their own supplemental notices to an MVPD’s initial or final blackout notification if a broadcaster believes an MVPD notice involving that broadcaster contains a substantive error.
This marks a significant change in FCC policy towards blackouts relating to retransmission consent disputes. Stations involved in such disputes are advised to keep sufficient records and keep a close watch on reports filed by cable operators during such disputes.
As the decision was unanimous, it is unlikely to be revised under the Carr Administration.
You can see the FCC’s decision here.