Wednesday, August 10, 2016

State rights are upheld

Today, the U.S. Court of  Appeals (6th Circuit) ruled that the FCC does not  have the preemptive authority, under the 1996 Telecom Act, to block state statutory  provisions that restrict or prohibit the expansion of municipal broadband into underserved nearby communities.

While the Court acknowledged the public benefits of expanding high-speed broadband, it reversed the FCC's order concluding that the federal regulatory body does not have the authority to reallocate decision-making on this issue from the state to its municipalities.

http://www.opn.ca6.uscourts.gov/opinions.pdf/16a0189p-06.pdf

Sunday, August 7, 2016

The yin and yang of giving consumers what they want

All in one week!

On Wednesday (8/3), Dish Network announced that it had reached a multi-year retransmission agreement with the NFL that ended its 6-week blackout of the NFL Network and the NFL RedZone to its subscribers. 

On Friday (85), it launched a skinny bundle (Flex Pack) that is marketed to subscribers as “Don’t Watch, Don’t Pay.”  The core package includes 50-channels like AMC, TNT, USA, and CNN.  The add-on channel packs, ranging in price from $6 to $10 per month, cover niche interests like variety, kids, action, and news.  The NFL channels are not included in any of the current channel packs.

COMPETITION IS GOOD, BUT THERE IS THE LAW

The FCC’s goal of promoting competition and choice in the set-top box market hit a roadblock in the past few days.  While the “unlock the box” proposal has been criticized for months by cable operators whose vested interest is to maintain the monthly rental fees collected from cable subscribers, the US Copyright Office, in a letter to members of Congress, raised concerns about the potential for copyright law and policy violations if the Proposed Rule was implemented as described in the NPRM.*  Specifically, the Copyright Office said that the Proposed Rule "could interfere with copyright owners' rights to license their works as provided by copyright law, and restrict their ability to impose reasonable conditions on the use of those works through private negations."  



Let’s see how regulators, consumer groups, and industry participants respond.