OTT-as-MVPD Rulemaking Gets Fresh Support, Push for Certification Step

Over-the-top multichannel video programming distributors, broadcasters and BitTorrent are pushing the FCC to move again on its proposal to reclassify some OTT providers as MVPDs. "Only ... a level regulatory field -- specifically the ability to acquire MVPD status" will let online video distributors (OVD) compete with traditional MVPDs that offer broadcast station programming, the group -- calling itself the TV Neutrality Alliance (TVNA) -- said in a filing Tuesday in docket 14-261. Making up TVNA are BiggyTV, BitTorrent, Camino Real Communications, Cocola Broadcasting, Cooper Communications, Pi Omni-Media, Pluto TV, Telletopia Foundation and Ventura Broadcasting. The retransmission consent mechanism for MVPDs is the only route to the 24-hour linear streams of local broadcast programming for Internet distribution, TVNA said, and any OTT offerings that don't include broadcast station signals shouldn't be subject to MVPD regulatory burdens. TVNA pitched a modification to the FCC-suggested rule change, with a certification step whereby non-facilities-based OVDs that want to transmit local broadcast signals will need to certify to the agency that they will comply with all MVPD retrans consent rules to be able to invoke retrans consent or program access rules. That certification step would make non-facilities based OVDs subject to MVPD regulations and privileges while obviating OVDs not taking advantage of MVPD rules, and thus allay Amazon regulatory concerns (see 1511060013), TVNA said. The OTT-as-MVPD rulemaking has been seen as largely dormant following tepid OTT industry reception (see 1606060033)