The FCBA Mass Media and Video Programming and Distribution Committees will co-sponsor a CLE on Wednesday, November 15 from 6:00 – 8:15 p.m. entitled “Must-Carry/Retransmission Consent at a Quarter Century: A Look Back and a Look Ahead.” This program will be held at Wiley Rein LLP, 1776 K Street, NW.
It’s been 25 years since the 1992 Cable Act introduced a new approach to the relationship between television broadcasters and multichannel video programming distributors (MVPDs). Pursuant to the Act, every three years television stations have the right to select either mandatory carriage of their signal on MVPD systems in their local markets (known as “must-carry”) or the right to bargain for the terms of their carriage by MVPDs (known as “retransmission consent”). The next three-year cycle begins January 1, 2018 and runs through December 31, 2020. This CLE will discuss the rights and obligations of broadcasters and cable/satellite operators under the FCC’s MVPD carriage rules and examine what the future of carriage and program distribution may involve.
6:00 – 6:05 p.m. Welcome and Introductions
John Burgett, Co-Chair, FCBA Mass Media Committee and Partner, Wiley Rein LLP
6:05 – 7:05 p.m. Overview of Must-Carry/Retransmission Consent Process and Procedures
This panel will provide an overview of the legal foundations for, and the current state of, the FCC’s rules and policies governing the must-carry/retransmission consent election process, including a discussion of what has changed in the three years since elections were last made, the FCC’s “good faith” negotiation rules and the issues most likely to arise in retransmission consent negotiations.
Kathryne Dickerson, Co-Chair, FCBA Mass Media Committee and Special Counsel, Wiley Rein LLP
Daniel Kirkpatrick, Member, Fletcher, Heald & Hildreth, PLC
Cristina Chou, Partner, Davis Wright Tremaine LLP
7:05 – 7:15 p.m. Break
7:15 – 8:15 p.m. The Future of Must-Carry/Retransmission Consent
This panel will examine the continued viability of the FCC’s current MVPD carriage rules and policies in an era of new television platforms, increasing video competition and changing business models. The panel will explore the extent to which the current system is fulfilling the goals of the 1992 Cable Act and whether any legislative or regulatory reforms are necessary to ensure a vibrant video distribution marketplace.
Wayne Johnsen, Co-Chair, FCBA Video Programming and Distribution Committee and Partner, Wiley Rein LLP
Joseph Di Scipio, Senior Vice President/Legal & FCC Compliance, Fox Television Stations
Jack Goodman, Law Offices of Jack N. Goodman
Seth Davidson, Member, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Barbara Esbin, Partner, Cinnamon Mueller (invited)
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