NCTA On Spectrum: FCC Needs To Hold Cable Harmless, Too

The National Cable & Telecommunications Association told the Federal Communications Commission that it is OK with TV stations being repacked or sharing channels, so long as that does not mean cable must carry obligations are increased in the process.

NCTA says that must carry is already an intrusion on the First Amendment that hurts customers, but is not fighting that fight in this proceeding. "So long as the Commission remains mindful of the constitutional, statutory and policy limitations of must carry rules, NCTA's interests in this proceeding will be adequately addressed," the association said, the "adequate" making the point that it was no concession on the basic point. But what would be far from adequate, NCTA made clear, was any extension of must carry as part of a spectrum reclamation process. "NCTA does not oppose the channel-sharing proposal so long as it does not result directly or indirectly in the expansion of cable operators' ‘must carry' obligations" to high-powered or low-powered stations, said NCTA.

"[H]olding cable operators harmless means, at a minimum, that the Commission must make absolutely clear in any rules that it may adopt that, as proposed in the Notice, any channel sharing will be limited 'to television stations with existing applications, construction permits or licenses as of the date of the adoption of this Notice.' Moreover, in no event should any licensee's carriage rights be any greater than they are today. Finally, holding cable operators harmless also means ensuring that cable operators are compensated for any costs that they incur due to the implementation of channel-sharing."