By Top Class Actions  |  July 19, 2023

Category: Legal News
A video programmer working on a computer, representing FCC video rule making.
(Photo Credit: Frame Stock Footage/Shutterstock)

FCC online video competition investigation overview: 

  • Who: The Federal Communications Commision announced a new proposed rulemaking aimed at “leveling the playing field” for independent video programmers. 
  • Why: The FCC said the proposed rulemaking was done in light of an increased demand for video consumption, with the hope it will help the agency understand challenges related to distribution and supply.  
  • Where: Nationwide.

The Federal Communications Commission (FCC) announced a new proposed rulemaking last week aimed at “leveling the playing field” for independent video programmers and that will help better understand competition and consumer impact. 

FCC Chairwoman Jessica Rosenworcel circulated the proposed rulemaking to her colleagues in light of an increased demand for video consumption that was expedited in part by the pandemic, according to the agency. 

The rulemaking, according to the FCC, was proposed to “initiate a proceeding to understand challenges related to distribution and supply in this market, especially as it relates to independent programming.” 

“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,” the FCC said, in a statement. 

FCC says it wants to foster ‘diverse, robust, competitive,’ market for delivery of independent video programming

The FCC said one of its “primary statutory objectives” when it comes to multichannel video programming is to “foster a diverse, robust, and competitive marketplace for the delivery” for it, while noting that consumers now have many platforms to pick from. 

“In today’s video landscape, consumers have many video programming platforms to choose from and competition among distributors of video programming continues to evolve,” the FCC said. 

Despite the variety of programming options, the FCC said stakeholders have been concerned that certain marketplace practices of distributors may be hindering the ability of independent video programmers to reach consumers “across all video platforms.” 

The stakeholders are concerned the marketplace practices are effectively depriving them of their ability to access “their choice of diverse programming,” which the agency calls “one of the benefits of enhanced competition in the video marketplace.” 

The FCC said it is seeking out comment on “the obstacles faced by independent programmers  seeking multichannel video programming distributor carriage and carriage on online platforms,” as well as how it impacts consumers and what the agency can do to “alleviate such obstacles.

Earlier this month, the FCC announced that rules it created to crack down on robocall scams officially went into effect as of June 30.  

Have you ever felt deprived of the ability to choose what you want to watch? Let us know in the comments! 


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