Rep Eshoo Issues Retransmission Bill Draft

Rep. Anna Eshoo (D-CA) released a draft of retransmission consent legislation in advance of a hearing dealing with that and other video regulation issues.

The bill, The Video CHOICE (Consumers Have Options in Choosing Entertainment), is intended to eliminate TV blackouts caused by retransmission consent disputes. The bill:
1) Gives the FCC explicit statutory authority to grant interim carriage of a television broadcast station during a retransmission consent negotiation impasse.
2) Ensures that a consumer can purchase cable television service without subscribing to the broadcast stations electing retransmission consent.
3) Prohibits a television broadcast station engaged in a retransmission consent negotiations from making their owned or affiliated cable programming a condition for receiving broadcast programming.
4) Instructs the FCC to examine whether the blocking of a television broadcast station's owned or affiliated online content during a retransmission consent negotiation constitutes a failure to negotiate in "good faith."
5) Calls for an FCC study of programming costs for regional and national sports networks in the top 20 regional sports markets.

National Association of Broadcasters President Gordon Smith said that a new draft retransmission consent bill could "embolden pay-TV giants," to "game the system." The former senator said he had "Great personal affection" for Eshoo, but was surprised that the bill was slanted toward distributors and strongly opposes it. The bill, which was circulated in advance of a hearing on video regulation, would allow the FCC to grant cable and satellite operators interim carriage during retransmission impasses, would not require cable operators to offer retransmission stations as must-buys in basic service.