FCC mulls video programming rules update
July 13, 2023
By Colin Mann

Noting that video consumption has increased in recent years, expedited in part by changes in how people have watched entertainment during the pandemic, FCC Chairwoman Jessica Rosenworcel has circulated a Notice of Proposed Rulemaking to her colleagues to initiate a proceeding to understand challenges related to distribution and supply in this market, especially as it relates to independent programming.
One of the Commission’s primary statutory objectives with respect to multichannel video programming is to foster a diverse, robust, and competitive marketplace for the delivery of such programming. In today’s video landscape, consumers have many video programming platforms to choose from and competition among distributors of video programming continues to evolve. Nevertheless, stakeholders continue to raise concerns that certain marketplace practices by distributors may hinder independent video programmers from reaching consumers across all video platforms and deprive them of access to their choice of diverse programming—one of the benefits of enhanced competition in the video marketplace.
If adopted, this Notice of Proposed Rulemaking would initiate a new proceeding to seek comment on the current state of the marketplace for diverse and independent programming. Specifically, the item would seek comment on the obstacles faced by independent programmers seeking multichannel video programming distributor carriage and carriage on online platforms, how this impacts consumers, and the action the Commission may take to alleviate such obstacles so that its policies can promote competition in the marketplace consistent with the FCC’s statutory responsibilities.
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