FCC's June Agenda Items Released
All cable operators would only have to respond to "bona fide" leased access requests from prospective programmers under the draft order on the FCC's June 6 agenda, released Thursday. It also released its robocalls draft declaratory ruling and Further NPRM…
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(see 1905150041) and draft aviation safety NPRM. Under the leased access draft order, bona fide requests would include desired length of contract term, nature of the programming and the expected commencement date for carriage. The draft order, along with eliminating the requirement cable operators make leased access available on a part-time basis, which was expected (see 1905150060), would give cable operators more time to reply to bona fide requests and would allow charge of an application fee of $100 per system-specific request. The FCC declined to block cable operators from refusing to carry leased access programmers on only a portion of the operator's system but said it would continue to evaluate programmer complaints about cable operator denials on a case-by-case basis. An accompanying draft FNPRM proposes modifying the leased access rate formula, tying rates to the tier on which the programming is carried. It seeks comment on whether changes in technology and the distribution market have left its leased access rules on shaky First Amendment grounds.