Retrans “Good Faith” Input Sought

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FCCAs the FCC seeks public input on whether to update its standards for deciding whether parties have negotiated in good faith for retransmission consent of a broadcast signal, a few things come to mind.


In the 16 years since the FCC adopted the good faith negotiation requirement, the commission has had to step in and resolve only four complaints, according to Wileyonmedia.

The agency dismissed three of those and found in the fourth that the “MPVD did violate the requirement by carrying a third party’s broadcast signal that duplicated the signal of another without consent during a retransmission consent dispute.”

In its Notice of Proposed Rulemaking, the agency seeks comment on a number of issues regarding the “totality of circumstances” test and raises the possibility of revising the whole thing.

Comments will be due 60 days after Federal Register publication.


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