FCC Considers Rebates for Retransmission Consent Blackouts

The FCC is considering whether to require cable operators and direct broadcast satellite providers to give rebates to subscribers who encounter programming blackouts due to failed retransmission consent negotiations with television broadcasters. The FCC’s Notice of Proposed Rulemaking cites a dramatic increase over the past decade in retransmission consent-related blackouts which have resulted in customers losing local and network television programming.

The FCC is seeking comments on a variety of issues related to the proposal, including whether the FCC has authority to adopt a rebate rule, how and when the rule should apply, how cable operators and DBS providers should offer and issue rebates, how the rebate system would be enforced, and the effects a rebate rule might have on digital equity and inclusion.

If you have questions about the FCC’s rebate proposal or would like to file comments, please contact an attorney in our Media practice group.