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                                                                                               December  20, 2018

Cable and Satellite Television Issues in the 116th Congress


More  than 119 million U.S. households watch television.
Of those, more than three-quarters receive television signals
via cable, telephone lines, or direct broadcast satellite.

Federal laws govern which broadcast signals subscribers to
these services can view. The laws also govern the
compensation that owners of copyrighted programming
carried on certain broadcast signals can receive and the
negotiations between broadcasters and cable and satellite
operators for the right to retransmit broadcast signals. Some
of these provisions of the Communications Act of 1934 and
the Copyright Act, most recently revised in 2014 in the
Satellite Television Extension and Localism Act
Reauthorization Act (STELAR  Act; P.L. 113-200), are set
to expire at the end of 2019.

As Congress considers whether to renew these provisions or
otherwise revise communications and copyright laws,
technological, consumer, and business forces are reshaping
the television industry.

Background
There are two primary ways for a household to receive
broadcast television programs: by using an individual
antenna that receives signals over the air from a television
station or by subscribing to a multichannel video
programming  distributor (MVPD), such as a cable or
satellite company, which retransmits signals of broadcast
stations to subscribers. In addition, a growing number of
viewers are watching broadcast television over the internet.

Since the 1970s, Congress and the Federal Communications
Commission  (FCC)  have constructed a regulatory
framework  for the retransmission of broadcast television
signals by MVPDs. This regulatory framework attempts to
balance a number of potentially conflicting public policy
goals, including the competitive provision of video
services, protection of property rights, localism, the
provision of television service to customers unable to
receive over-the-air broadcasts, and the interests of
broadcasters, television networks, MVPDs, content owners,
device manufacturers, small businesses, and consumers.

Retransmission   Consent   and Flow  of Payments
Broadcast television stations produce some of the
programming  they transmit and also contract with
television networks, which supply them with programs. The
networks produce some of the programming they distribute
and therefore own the copyrights to those programs. In the
case of other programs, however, third parties such as
sports leagues and studios may own the copyrights.

MVPDs   may  not redistribute a broadcast signal to their
customers unless they have obtained the permission of the


broadcast station that originated the signal. When granting
permission, a commercial station has two options: it may
require cable operators, and, to a more limited extent,
satellite operators to carry its signal without compensation
to subscribers located within the station's market, or it may
negotiate retransmission consent in exchange for payment.

Provisions in broadcast stations' network affiliation
agreements typically give them the exclusive right to
negotiate for the retransmission of their signals, including
the network programming that airs on an established
schedule. These negotiations often occur at the corporate
level, between a company that owns multiple broadcast
stations and an MVPD that operates many cable systems or
a nationwide satellite service, rather than the local level. If a
station's parent company and an MVPD fail to reach an
agreement, the broadcasting company may require the
MVPD   to black out its stations' signals and not retransmit
the stations' broadcasts to subscribers.

The broadcast networks have claimed that much of the
value of broadcasters' signals derives from the networks'
sports, entertainment, and news programming. Broadcast
stations' network affiliation agreements may require them
to pay the network a portion of their retransmission consent
revenues.

DMAs   and  Geographic   Exclusivity
The Nielsen Company,  a market research firm, assigns each
television station and each U.S. county to one of 210
separate geographic markets, known as Designated Market
Areas (DMAs).  In the private sector, advertisers and
television stations rely on Nielsen's audience measurements
to negotiate rates for advertising slots. Broadcast television
networks use DMAs  in their contracts with stations to
define geographic zones within which each station has the
exclusive right to broadcast the network's programs.

The DMAs   generally define the geographic zones of
exclusivity for retransmission of broadcast signals. In
general, a cable or satellite operator must retransmit the
broadcast signal of a network affiliate to subscribers within
the affiliate's DMA, and may not import the signal of a
network affiliate based in one DMA into a DMA served by
another of that network's affiliates. The policy rationale is
that protecting broadcast stations' rights to geographic
exclusivity enables them to invest in local programming
that is responsive to viewers living within the stations'
communities.

Television Trends
Since Congress enacted STELAR   in 2014, television
viewing habits have changed in ways that could make
retransmission consent negotiations more contentious.


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