FCC Sees Many Calls for Declaring Video Market Competitive

The FCC, in its report on video programming, faces arguments against and for further steps, including a push to ensure online video distributors aren't subject to cable rules. Replies on the 19th annual report were due Thursday. Verizon -- echoing its calls for retransmission rules changes and elimination of the network nonduplication and syndicated programming exclusivity rules (see 1710110016) -- said in docket 17-214 comments posted Monday that legacy cable regulations on OVDs "would be highly inappropriate." Regulation would be contrary to the agency's goal of promoting video competition, it said. Cable "remains uniquely burdened" with antiquated regulations, despite choice and competition, Charter Communications said. It pressed the agency to declare the market highly competitive and eliminate regulations based on a lack of competition, looking for routes to regulatory parity. NCTA said similar in initial comments last month. NCTA now pitched for seeing the set-top box marketplace as filled with rivalry. It said apps, the emergence of devices like Roku and MVPD investment in alternatives to set-tops -- plus the growth of streaming services -- eclipsed set-top use. It said app use came despite Section 629 of the Communications Act, which requires promotion of competition in the set-top market. Predictable pay-TV claims about a broken retrans regime "should be taken with a proverbial grain of salt," since pay-TV providers were complaining about negotiating with TV stations even before retrans fees became substantial, NAB said. It said proposals for negotiation reforms are without merit and contrary to statute, saying the FCC lacks authority over carriage of TV stations' signals without broadcaster consent. The multichannel TV sector is "broken," with major programmers using leverage and must-have networks to impose tying and bundling requirements, indie cable network INSP said. It said the report should conclude independent cable networks are in jeopardy, program carriage rules and enforcement need strengthening, and conglomerate programmers should be barred from bundling and tying. Citing "overwhelming evidence" of sizable video competition, Comcast rejected American Cable Association criticisms of its NBCUniversal's minimum penetration terms for its regional sports networks. It said the agency should declare the area competitive "at all levels."