The FCC will soon vote to approve the Notice of Proposed Rulemaking that would allow over-the-top (OTT) video providers to be classified as multichannel video programming distributors (MVPDs). This will allow them to gain access to broadcast programming — provided they pay retransmission fees.
The idea is to create a technology-neutral definition of an MVPD, thus eliminating the requirement of having facilities-based transmission path in order to be guaranteed access to TV stations via must-carry rules and retransmission.
According to reports, the commission is very close to extending its programme access rules to online providers that provide linear video streams, allowing them to negotiate retransmission deals with broadcasters.
Earlier in the year, the courts blocked bids by Aereo and FilmOn to gain cable rights. In its submission to the FCC, FilmOn laid out a scheme to support authenticated subscribers in local markets consistent with FCC rules: "FilmOn intends to offer TV stations the right to elect must-carry or retransmission consent. FilmOn will also provide programme exclusivity, emergency alerts and information, closed captioning, equal employment opportunity and to otherwise comply in good faith with all of the rules and regulations that govern MVPD service."
According to sources, FCC chairman Tom Wheeler and commissioners Jessica Rosenworcel and Mignon Clyburn — the Democrats on the commission — are poised to vote yes, offering the majority vote needed.
The National Cable & Telecommunications Association has argued that a transmission path should remain necessary to be considered an MVPD.
