Deadlines Set On New Joint Retrans Rule

The new FCC rule barring Top 4 TV stations from negotiating retransmission consent deals together in the same market will go into effect June 18 — the same day petitions seeking agency reconsideration of the new ban are now due, under deadlines established today, broadcast attorneys said.

In addition, legal challenges to the new bar on joint retrans negotiations will be due in federal appeals court by July 18, they added.

The clock on the legal filing deadlines was set into motion by the official publication of the FCC’s March 31 order in the Federal Register this morning.

The National Association of Broadcasters has yet to announce whether it will challenge the new prohibition. “NAB is reviewing the FCC’s order and will make a decision regarding filing a lawsuit after consulting with our board,” an NAB spokesman said. But individual broadcasters are free to file lawsuits on their own.

“We understand there are a number of people who have historically negotiated in tandem and may wish to continue to do so,” said Harry Cole, an attorney with the law firm Fletcher, Heald & Hildreth.

FCC Chairman Tom Wheeler said the crackdown, which has the support of the pay TV industry, was needed to help level the retrans negotiating table and to put a damper on fees the pay TV industry passes along to subscribers. “This should benefit the consumer by removing the leverage of collusion,” Wheeler said.

The Federal Register, according to the agency’s website, is planning to publish the official order on the FCC’s March 31 crackdown on joint sales agreements tomorrow, setting off another set of legal filing deadlines.