Wheeler's Aereo Comments Show Lack of Respect for Law, NAB's Kaplan Says

FCC Chairman Tom Wheeler’s characterization of a draft NPRM to extend multichannel video programming distributor privileges to over-the-top providers as taking away barriers that hindered innovators such as Aereo doesn’t show respect for the law, said NAB Executive Vice President-Strategic Planning Rick Kaplan Monday in a blog post. “Aereo was innovative only in its creative attempt to skirt the copyright laws,” said Kaplan. “Shouldn’t it matter to the FCC, at a bare minimum, whether content is distributed legally or illegally?” Kaplan also took issue with Wheeler's pinning Aereo’ s court defeat on broadcasters and outdated FCC rules. The barrier to Aereo’s success was the Copyright Act, Kaplan said. “Even if the Chairman could unilaterally change the FCC’s ‘old rules’ today, Aereo’s business model would still violate the law,” Kaplan said. Though NAB supports the FCC’s examination of including OTT services under the MVPD definition, “tough questions loom” about the rule change, Kaplan said. Those include “how to handle a deluge of new potential MVPDs, how to avoid further homogenizing news, weather, sports and entertainment, and how to prevent stifling new business models outside of the MVPD context,” said Kaplan. Representatives in Wheeler's office didn't comment.