FCC Seeks Public Comment On Television Blackout Reporting Requirements

Members of the Federal Communications Commission (FCC) have long expressed concern about the consumer impacts of so-called retransmission consent "blackouts," which occur when a multichannel video programming distributor (MVPD) and broadcaster fail to renew their retransmission consent agreement—resulting in the "blackout" of the broadcast station on the MVPD. At the same time, however, the Commission has traditionally taken a hands-off approach to what are private contractual disputes.

On December 21, 2023, the FCC released a Notice of Proposed Rulemaking (NPRM) that proposes to give the agency increased visibility into retransmission consent disputes. Under the proposed rules, MVPDs would need to notify the Commission when a blackout of a broadcast television station occurs for 24 hours or longer due to failed retransmission consent negotiations. Comments on the NPRM will be due 30 days after publication in the Federal Register. Reply comments will be due 30 days