Video Programming Proposed Rulemaking Announced

On July 12, 2023, FCC Chairwoman Rosenworcel circulated a notice of proposed rulemaking to her fellow FCC Commissioners for their consideration in initiating a proceeding to better understand the challenges related to distribution and supply of video programming, especially as it relates to independent programming.  A news release announced the action.

The NPRM has not yet been adopted or released to the public but is reflected on the FCC website’s “Items on Circulation” page under the title “Fostering Independent and Diverse Sources of Video Programming.”  The item is not included on the early version of the Commission’s August meeting agenda.

The FCC is concerned about marketplace practices that restrict distribution of independent programming across some video distribution platforms.  The FCC wants information on those obstacles so that it can consider action to promote competition in the marketplace consistent with the FCC’s statutory responsibilities.

We believe this proposal is related to earlier exchanges that Chairwoman Rosenworcel had with members of Congress asking that the FCC revisit its definition of multichannel video programming distributor in the current mandatory carriage rules.  She responded that she believed that issue required Congressional action and that the FCC did not have authority to expand the definition.