https://www.fcc.gov/blog/time-has-come-end-outdated-broadcasting-exclusivity-rules
Interesting interpretation. The gist of Bill Lake's blog is that with the
retrans consent rule in place now, and with the agreements in place between
congloms and the local broadcasters of each market, the exclusivity rule is no
longer needed. In short, a station in market A would normally not be permitted
to give retrans consent to MVPDs in market B, because the conglom and franchise
agreements prevent that already.
"Under our current retransmission consent regime, a distant station must give
its consent before its signal may be imported into another station's local
market. And, in practice, network affiliation and syndication agreements
typically prohibit broadcast stations from granting MVPDs retransmission
consent for out-of-market carriage of their signals. Networks, syndicators,
and broadcast stations that choose to create exclusive distribution rights may
effectively safeguard those rights through privately negotiated affiliation and
syndication agreements. They will continue to have this right in the absence
of our exclusivity rules. It is thus wrong to suggest that, in the absence of
the exclusivity rules, the compulsory copyright licenses would allow MVPDs 'to
abrogate exclusive licenses negotiated by broadcasters in the marketplace.'"
Bert
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