FCC Launches Review of Video Marketplace and Restrictions on Independent Video Programming

In a wide-ranging Notice of Proposed Rulemaking, the FCC is examining and seeking information on various practices in the video marketplace that may be stifling the distribution and availability of independent programming, including non-network affiliated television broadcast stations.  In particular, the FCC is seeking comment on whether independently programmed television stations are facing obstacles to securing carriage on cable and other multi-channel video programming distributors (MVPDs).

In the rulemaking proceeding, the FCC proposes to prohibit two types of contractual provisions in program carriage agreements between independent programmers and MVPDs — most favored nation (MFN) provisions, and unreasonable alternative distribution method (ADM) provisions – and seeks comment on its authority to do so.