NAB Takes Case Against JSA, Retrans Moves to FCC’s Clyburn

National Association of Broadcasters President Gordon Smith and Rick Kaplan, NAB auction point man and former chief of staff to Federal Communications Commissioner Mignon Clyburn, tag teamed a meeting with Commissioner Clyburn to argue that drawing a bright line rule against TV joint sales agreements (JSAs) or limiting joint retransmission negotiations were arbitrary and capricious, constituted wielding a sledgehammer where a scalpel is needed (in the case of JSAs) and was manifestly unfair.

They argued the FCC has not studied the impact of the JSA move on localism and diversity, instead making "sweeping generalizations" about JSAs that make the proposal arbitrary and capricious -- which would also make the move a violation of the Administrative Procedures Act. And throwing FCC Chairman Tom Wheeler's focus on case-by-case determinations, they said that rather than punish the whole industry, the FCC could simply address "purported" bad actors on a case-by-case basis.

As for limiting joint retrans negotiations, NAB said that would be picking winners and losers, since cable ops can jointly negotiate.