Key Lawmakers Fret About Retransmission Blackouts

At a House Judiciary subcommittee hearing, several lawmakers made clear — once again — that they are not happy about consumers losing access to broadcast signals during retransmission consent blackouts. But no clear consensus emerged on what should be done about the blackouts.

At issue before the subcommittee is whether Congress should reauthorize the Satellite Television Extension and Localism Act, which give satellite TV operators copyright clearance to retransmit distant broadcast signals. The current authorization expires at the end of 2014. But satellite and cable operators also see the measure as a potential vehicle for watering down the retransmission consent rights of broadcasters. During the hearing, the operators, as expected, urged lawmakers to revise the retrans law to import distant network signals during retransmission consent stalemates. In addition, lawmakers were urged to consider a “standstill” arrangement that would let cable operators continue to carry a broadcaster’s programming — under the terms of the elapsed agreement — during retrans consent negotiations. Under this reform plan, the terms of the new deal would be applied retroactively, with the negotiations ultimately subject to binding arbitration when necessary.

Courts, Intellectual Property, and the Internet Subcommittee Chairman Howard Coble (R-NC) was careful not to endorse any of the reform proposals.