By The TV Answer Man team
TV Answer Man, the blackout of our NBC station on DIRECTV has gone on for way too long. Can’t the government, the FCC, just step in and end it for the best interest of the consumer? What are they waiting for? — Gary, Tampa, Florida.
Gary, DIRECTV has been without 159 Nexstar-owned local stations since July 2 due to a carriage dispute between the companies. Carriage disputes between satellite providers and local broadcasters have been a recurring issue in the media industry, causing disruptions for viewers and raising questions about regulatory intervention. The Federal Communications Commission (FCC) in the United States is the regulatory body responsible for overseeing the communications landscape. So, could the FCC effectively end a carriage dispute between a satellite provider and a local broadcaster?
Also See: DIRECTV vs. Nexstar: The Hawaiian Wildfires Can’t Even Stop This Dispute
Understanding Carriage Disputes
Carriage disputes occur when content distributors, such as satellite providers, and content creators, such as local broadcasters, fail to reach an agreement regarding the terms of distribution. These terms include issues like fees, signal quality, and channel placement, but fees – money! — is the usual reason. The disputes can result in channel blackouts, leaving viewers without access to certain programming. These conflicts often have financial implications for both parties, and they impact the audience’s viewing experience.
The FCC’s Role
The FCC is tasked with regulating various aspects of the communications industry to ensure fair competition, promote innovation, and protect consumers. In the context of carriage disputes, however, the FCC’s authority is limited, primarily stemming from the Communications Act of 1934 and subsequent amendments.
One of the FCC’s key roles is to oversee negotiations between parties to prevent anticompetitive behavior and protect consumers from extended blackouts. In certain circumstances, the FCC may have the power to mandate “good faith negotiations” between broadcasters and distributors to ensure that negotiations are conducted fairly and without causing undue harm to consumers. The commission can also impose fines for bad-faith negotiations.
Challenges in Regulatory Intervention
While the FCC can intervene in carriage disputes, several challenges complicate its ability to resolve these conflicts definitively.
Legal Constraints
The FCC’s authority is constrained by the Communications Act, which may limit its ability to impose binding resolutions on parties. This can hinder its effectiveness in forcing parties to reach agreements.
Complex Negotiations
Carriage disputes involve complex negotiations with various stakeholders, each with unique concerns. Finding a middle ground that satisfies both parties can be difficult.
Market Dynamics
The media landscape is evolving rapidly, with streaming services and online platforms altering the traditional distribution model. The FCC must consider these shifts when addressing carriage disputes.
First Amendment Concerns
Balancing the need for fair negotiations with broadcasters’ First Amendment rights to control their content distribution can be challenging.
Bottom Line
While the FCC has the authority to intervene in carriage disputes between satellite providers and local broadcasters, the complexities of the media landscape and legal constraints present challenges to its ability to fully resolve these conflicts. The commission’s role primarily revolves around promoting good faith negotiations and protecting consumers’ interests. To find lasting solutions, all parties involved—broadcasters, distributors, and regulatory bodies—must work collaboratively to adapt to the evolving media ecosystem and ensure viewers’ uninterrupted access to diverse programming.
So, Gary, don’t expect the FCC to act in the DIRECTV-Nexstar dispute anytime soon.
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I have told Nexstar twice that they are wrong.All the channels are OTA so all cost Nexstar should have putting them on Directv is to cost of re transmission.
All this is crap is about MONEY! Bad enough Directv charges a lot for cable and get NO Discount. Was employed by ATT for years.
What a mess for football nfl they created. You need comcast or verizon pay them then have to pay for the games. I choose verizon but the still can’t hook up nfl ticket. Have to wait for email to allow access. These people ie nfl cable internet all make money and the consumer gets screwed again. I paid 4000 for dish on roof then direct tv now fios and you tube. All are crooks robbing us just to watch our team play. Where are our elected officials. ????
I would think the upcoming football season would be enough pressure to get this done.
The Communications Act of 1934 is Out Dated.
Needs Major Tune Up and Up Grade
Seems to me Direct TV is committing false advertising or perhaps just fraud. They are advertising & then accepting payment for services they are not providing. The network is listed but is not been ng supplied.
Based on anti-competition why can’t DIRECTV carry out of Market Channels until Nexstar comes to their senses. This entire mess is because FCC forces the use of local channels. If you can’t get them we should be allowed channels from other markets.
I have not had any ABC for about a month. Can not watch the LLWS.
I am getting ready to drop DirectTV…
Remember why (Nexstar and Direct TV) you came together to start with…..to provide the consumer a good product while both companies would benefit! What’s the end game here? Duking it out to see who has the greater power! Come on! Agree on something, the paying customer is waiting!
Nextstar is losing significant market shares…keep it blacked out!!! To hell with their substandard programming…including the worthless NFL!!!!!! NO ROOM FOR GREED NEXTSTAR
I’ve talked to several people about this and many are leaving DirectTV. I am too! Paying good money and not getting all the channels. Keep goofing off! Don’t you people have enough money! It’s always about the money!! Does someone need a new vehicle or something! It’s football season and I’m not missing the games!!
Remember Directv and Nexstar the reason both of you exist is the customer. Please get it resolved and take care of the customer.
We lost our KLRT Fox channels including CW, a year ago this past April. They gave us a one time credit of $10. Our bill is still going up, even though they no longer are paying Nexstar for programming. Now NBC is gone. I don’t look to see it come back either. I would love to leave Directv, but my husband doesn’t want to.
I believe Nextstar is trying to get people to drop Direct TV and put them out of business. We watch Hulu now but miss Direct TV. Both companies need to pay 50/50 on each persons Direct TV contracts. The consumers should not have to pay for something they cannot use. We have Spectrum available but had them before and had lots of problems with them. We will do without rather than sign up for Spectrum. I think Nexstar is secretly attempting to destroy Direct TV and have another broadcasting plan in the works that can be manipulated in giving Nexstar more money. If we end up losing Direct TV due to Nextstar then we will just stay with Hulu for live TV.
Because of dispute between Direct TV & Nexstar, I cannot get local CBS channel. That means no Steeler pre season games & possibly regular season. NFL Network is not an option. They need to get this settled.