Satellite : NAB Comments on Retrans Quiet Period Ideas

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Late last week, the National Association of Broadcasters approached Federal Communications Commission personnel about pushes for a so-called retrans quiet period during the nation's transition to digital TV, outlining its resistance to proposals presented so far in the debate.

Small cable interests and DISH Network have been promoting proposals that would suspend retransmission consent negotiations between broadcasters and video providers for a period of time before and after the digital TV transition, set for Feb. 17, 2009. Ideas floated so far include a six-month quiet period as well as a month-long timeline, two weeks before the switch and two weeks after the transition.

In a filing sent to the FCC last week, NAB argued against regulatory involvement in the retransmission consent process. And the group took aim at a mandated retrans quiet period, saying even if the FCC suspended broadcast retransmission consent rights before and after the digital TV transition, "there are several reasons that it need not do so.

"Thousands of retransmission consent agreements have been negotiated during the 15 years since the first election cycle, not one of which has resulted in a finding of a broadcaster failure to negotiate in good faith," NAB said.

Also in its filing, the organization pointed to an offer from the NAB board of directors that would establish a four-week quiet period surrounding the DTV transition, from Feb. 4 through March 4. During that time, broadcasters would voluntarily agree not to withhold signals from pay-TV providers.

Station owners representing about 73 percent of all commercial television stations have agreed to the proposal, if enacted, NAB said.

NAB resisted the idea of expanding the quiet period proposal. "Suspending broadcaster retransmission consent rights for a period longer than Feb. 4 - March 4 would shift significant negotiating leverage away from broadcasters to MVPDs (multichannel video program distributors), without any offsetting public interest benefit," the group said in its comments.