WASHINGTON—Following a year where a record number of TV blackouts occurred due to retransmission disputes, the U.S. House of Representatives have passed the Television Viewer Protection Act, HR 5035, that aims to ensure cable and satellite TV customers have access to broadcast network programming, in part with a mandate for good faith negotiations between broadcasters and MVPDs.

The bill, which was co-sponsored by House Communications Subcommittee Chair Rep. Mike Doyle (D-Pa.) and House Energy & Commerce Committee ranking member Rep. Greg Walden (R-Ore.) in a bipartisan effort, passed on suspension, a procedure that is typically reserved for noncontroversial items.

In addition to making good faith negotiations required—something required in the STELAR Act—TVPA provides consumers with transparency regarding their fees on cable and satellite bills, as well as gives MVPD buying groups the same good faith negotiation requirements.

One thing that this bill is not is a renewal of the STELAR Act, which is currently still set to expire at the end of the year and deals with compulsory digital signal-licenses.

“The Television Viewer Protection Act will benefit millions of Americans who subscribe to cable or satellite TV service,” said Doyle.

TVPA will now make its way to the Senate, where reports are that it will pass, with Doyle reportedly hoping to have the bill in front of President Donald Trump’s before the end of the year.

WASHINGTON—As the clock ticks down to the end of the year when the current STELAR Act would expire, Congress has drafted another proposal related to the license, this time including making permanent the good faith requirement for retransmission negotiations.

The bill, The Television Viewer Protection Act, comes from House Energy & Commerce Communications Subcommittee chairman Rep. Mike Doyle (D-Pa.) and ranking member Rep. Greg Walden (R-Ore.). The bill does not reauthorize the compulsory distant signal license—something that Doyle says the House Judiciary Committee will handle.

The Judiciary did come up with its own proposal for a bill that would permanently extend the STELAR license but narrow its reach.

More information on Doyle and Walden’s bill is available on TVT’s sister publication B&C.

As the bill is now being submitted to the full House Energy & Commerce committee, the NAB has come out and given its approval to the provision regarding good faith negotiations.

“NAB applauds a key provision in the House Commerce Committee-passed STELAR bill today that makes permanent legislation requiring broadcasters and pay TV companies to conduct carriage negotiations in ‘good faith,’” said Gordon Smith, NAB president and CEO. “While we continue to question the need for STELAR legislation, a ‘permanent good faith’ requirement is far preferable to the current five-year STELAR renewal cycle that has incentivized pay-TV companies to force broadcast TV programming disruptions that harm consumers.”

WASHINGTON—AT&T was correct in a complaint it filed arguing that nine station groups were not negotiating a new retransmission agreement in good faith, according to the FCC.

The complaint, filed in June, said that the stations failed to negotiated in good father for consent to carry the signals of 20 broadcast TV stations. As a result, the stations have been blacked out for AT&T video subscribers since the final extensions to the previous retransmission agreement ended, which to date has been five months.

“[W]e find that Defendants’ violated the per se good father negotiation standards,” the FCC’s opinion reads. “We therefore grant AT&T’s Complaint, and direct the parties to commence good faith negotiations.”

The licensees listed in the complaint are Deerfield Media, GoCom Media, Howard Stirk Holdings, HSH, Mercury Broadcasting, MPS Media, KMTR Television, Secont Generation of Iowa and Waitt Broadcasting. AT&T stated in its complaint that all of these station groups were “managed and controlled by Sinclair Broadcast Group through some type of shared services agreement.”

The FCC said that the defendants showed a persistent refusal to negotiate, caused unreasonable delays in negotiations and failed to respond to AT&T’s proposals. While broadcasters do not have a legal obligation to come to terms on a deal, they are required by the FCC and the STELAR Act to negotiate in good faith.

The station groups argued that they were negotiating jointly with AT&T and that their common agent for the negotiations, in this case Max Retrans, was responsible and as long as it was engaged they were in compliance with their good faith negotiation obligations.

The commission disagrees.

“[I]t is not impermissible for Defendant Stations to participate in joint negotiations with AT&T. … However, stations in different markets that choose to negotiate jointly do not gain any special status under the good faith rules; each such station remains ultimately responsible for its own compliance.”

The FCC chose not to fine any of the stations at this time, but said that it reserves the right to return to these issues.

According to AT&T, as of Thursday, Nov. 7, it has reached a retransmission agreement with three of the nine broadcasters involved in the complaint (Deerfield, GoCom and Second Generation of Iowa) and “continue to push for progress with the others.”

TVT’s sister publication, B&C, provides some additional details on how the two sides view this ruling as it relates to STELAR.