Recently, the FCC released two orders concerning Cable companies – application fee increases and retransmission consent rule changes.
Application Fee Increases Coming Soon
The FCC recently announced the results of its bi-annual review and adjustments to its Schedule of Charges for Applications (47 CFR §§1.1102-1.1109). The result is an increase in application fees which will become effective thirty (30) days after publication in the Federal Register.
|
Type |
New Fee (PENDING) |
Old Fee |
|
CARS License |
$ 290.00 |
$ 270.00 |
|
CARS Modification |
$ 290.00 |
$ 270.00 |
|
CARS License Renewal |
$ 290.00 |
$ 270.00 |
|
CARS License Assignment |
$ 290.00 |
$ 270.00 |
|
CARS Transfer of Control |
$ 290.00 |
$ 270.00 |
|
Special Temporary Authority |
$ 190.00 |
$ 175.00 |
|
Cable Special Relief Petition |
$1465.00 |
$1355.00 |
|
Cable Community Registration |
$ 65.00 |
$ 60.00 |
|
Aeronautical Frequency Usage Notifications |
$ 65.00 |
$ 60.00 |
These changes are an increase to reflect the net change in the Consumer Price Index for all Urban Consumers of 8%. Click here to access the Commission’s Order.
Changes to Retransmission Consent Negotiations & FNPRM
The FCC recently released a Report and Order and Further Notice of Proposed Rulemaking (FNPRM) to revise the FCC’s rules on retransmission consent. Retransmission consent legislation was passed in 1992 as part of amendments to the Communications Act of 1934 (Act). Under the Act, broadcasters are required to “negotiate in good faith.” To improve this process, the FCC has adopted changes to its rules which prohibit a television broadcast station ranked in the top four stations in a market from negotiating retransmission consent jointly with another top four station if the stations are not commonly owned and serve the same geographic market. The Order also defines joint negotiations. The revised rules will become effective 30 days after publication in the Federal Register.
A FNPRM was also adopted with the Order seeking input as to whether the Commission should eliminate or modify its network non-duplication and syndicated exclusivity rules. Currently, these rules are used by broadcasters to maintain their exclusive rights for network or syndicated programming within a specified market. Under these rules, broadcasters can require cable operators to blackout duplicate network feeds and syndicated programming offered by other out-of-market broadcasters. This extra mechanism to prohibit competitive sources of programming on a local cable system can boost broadcasters’ demands for higher retransmission fees. The Commission is seeking comments on whether these rules remain necessary in today’s video marketplace, and should these rules be modified or eliminated altogether. Comments on the Commission’s FNPRM are due 30 days after publication in the Federal Register.
Click here to link to the Commission’s Report and Order and Further Notice of Proposed Rulemaking in MB Docket No. 10-71.
