NAB, Nets Seek Retrans Comments Extension

NAB and the affiliation organizations of ABC, CBS, Fox and NBC today asked the FCC to extend the deadline for comments on the FCC’s proceeding on good faith retransmission consent negotiation rulemaking.

Comments are currently due on Dec. 1, and reply comments on Dec. 31. Today’s filing requests an extension until Feb. 1, 2016, and March 2, 2016, so that television broadcasters “need not sacrifice meaningful participation in this important retransmission consent proceeding as they focus on the myriad complicated issues associated with determining whether and how to participate in, and submitting applications for, the upcoming spectrum incentive auction.

“Beyond ensuring the submission of more complete information in the retransmission consent rulemaking, the requested extension would materially assist broadcasters in their auction preparation and in meeting the FCC’s strict deadline for auction participation.”

The groups said that they “regard rules affecting the negotiation of retransmission consent as among the FCC’s most significant. The broadcast associations and our members want to respond fully and completely to the numerous detailed questions in the notice; to do so effectively, the associations need time to gather information from our members, including broadcasters both large and small and those in markets of differing sizes. The associations and our members, however, will be unable to participate fully in this retransmission consent proceeding and provide a comprehensive record to the commission under the current comment deadlines, given the FCC’s recently set, overlapping deadlines for the approaching spectrum incentive auction.”

The groups continued: “During the short time period before the December deadline, TV broadcasters — who are new to [FCC] auction processes generally and to the reverse auction process specifically — must evaluate their possible bid options and the prices attached to them and determine whether and how they wish to participate. But broadcasters also must do much more, especially if they are interested in channel sharing. Given the operation of the FCC’s anti-collusion rules, broadcasters must execute all channel sharing agreements prior to Dec. 18 and disclose those agreements on their applications to participate in the reverse auction. Many broadcasters may be interested in pursuing this option, and a number of broadcasters may need to negotiate and execute multiple channel sharing agreements with different licensees by the December deadline.

The request concludes: “The commission has previously acknowledged the ‘novelty and complexity’ of the incentive auction, and that ‘[r]obust broadcaster participation is critical’ to its success. To ensure that television broadcasters have the time needed to evaluate their various bid options, conclude channel sharing agreements, prepare their applications and implement necessary education and compliance processes, the commission should allow them to focus on auction-related issues until after the Dec. 18 deadline.”