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Tuesday, November 16, 2010

postheadericon Fix broken broadcast retransmission consent system

Few things are more frustrating to a former Congressman than to see a law he sponsored twisted in a way that undermines its intended purposes. Unfortunately, this is precisely what has happened during the last few years with the 1992 Cable Act, and in particular, with the provisions I sponsored dealing with “retransmission consent.” These provisions require a cable operator or other video provider to obtain a broadcast station’s permission to retransmit the broadcast signal to subscribers (unless the broadcaster elects a different option called “must carry”). Our goal was to ensure that the public would retain access to local broadcast programming as cable television gained in power and influence.  But today, more than ever, broadcasters are using these provisions to claim that the Act gives them license to pull their signals from video providers and their subscribers unless these providers agree to pay rapidly rising fees. In essence, broadcasters are exploiti! ng a law designed to prevent consumers from experiencing service disruptions to justify blackouts. This just happened in the New York and Philadelphia area, where Fox blacked out its network stations to three million households during the baseball playoffs and World Series.

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