Media Companies Don't Want MVPD Umbrella To Cover Programmers' OTT Operations

Any reinterpretation of multichannel video programming distributor (MVPD) to encompass some parts of the over-the-top video world shouldn't come with the FCC directly playing a role in licensing of programming rights for online video distribution, and shouldn't apply to programmers distributing content through applications or services they come up with in house, a group of media companies said in a filing posted Monday in docket 14-261. "New rules seeking to promote innovation and competition in video distribution should not apply to content providers who simply want to continue developing new ways in which consumers can access and enjoy their content," CBS said. Regarding whether the FCC should play a regulatory role in the market for programing rights for online distribution, CBS said that step "would be a troubling and unnecessary influence into private licensing negotiations" and better handled by through existing copyright law than FCC regulation. The ex parte filing followed a meeting last week among executives from CBS, Disney, Time Warner, 21st Century Fox and Viacom and representatives from FCC Chairman Tom Wheeler's office. Verizon, in a separate ex parte filing on 14-261 posted Monday, said that while it broadly supports including OTT providers of multiple streams of prescheduled, linear video programming in the MVPD definition, those OTT providers shouldn't face "ill-fitted legacy cable regulations, such as franchising, must-carry and technology mandates," as such rules "would discourage the provision of new online video services, undermining the Commission’s goal in this proceeding of generating additional competitive options for consumers." OTT video providers should be subject to such 21st Century Communications and Video Accessibility Act requirements as closed captioning and video description, and the Commercial Advertisement Loudness Mitigation Act's loudness mitigation obligations, Verizon said. The Verizon meeting participants included Leora Hochstein, executive director-federal regulatory affairs, and staff from the Media Bureau and the Office of Strategic Planning.