Here’s your chance to let the FCC know how to assess the “good faith” of parties to a retrans negotiation. While many (if not most) television licensees are likely trying to sift through the several hundreds of pages of FCC materials laying out the fast-approaching incentive auction process, it’s important not to lose sight of another upcoming deadline: the one for comments relative to the retransmission consent process. TV licensees not cashing in their chips and bidding the industry adieu in the auction will have to live with the new retrans consent process post-auction. With that in mind, those hangers-on should pay particular attention to the FCC’s currently open retrans rulemaking. In their current form the retrans consent rules require television licensees and cable and satellite operators to conduct their retrans negotiations “in good faith”. The rules set out two separate ways to determine whether any particular negotiations…
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