The FCC has adopted a proposal to review the “totality of the circumstances test” for evaluating whether broadcasters, cable operators and satellite video carriers are negotiating for retransmission consent in good faith. The review is based on statutory requirements in the Satellite Television Extension and Localism Act Reauthorization (STELAR) Act of 2014 passed by Congress last year.
The Retransmission Consent NPRM initiates a review of the “totality of the circumstances test” for evaluating whether broadcast television stations and MVPDs, such as cable and satellite video operators, are negotiating for retransmission consent in good faith. The NPRM is intended to examine practices used by parties in retransmission consent negotiations, as directed by Congress. The goal of the proposed rulemaking is to ensure that such negotiations are conducted fairly and in a way that benefits consumers, the Commission says.