For some time now, owners of local ABC, CBS, FOX, and NBC stations have been trying to get the FCC to turn streaming services like YouTube TV into cable TV companies. This would allow these owners to change the terms of how YouTube TV, Hulu, Fubo, and more get access to local TV stations. Possibly giving them the ability to get more money from them.
Now, 23 US House Representatives have sent a letter to the FCC objecting to changing live TV streaming services into cable TV companies.
This came after recently a group of Democratic Senators sent a letter to the FCC supporting turning streaming services into cable TV companies. Other Senators have objected to the change.
Here is part of what that letter said:
As you know, the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992 authorized the FCC to create the rules that address carriage by regulated cable and satellite providers of broadcast signals transmitted over public spectrum. Congress acted because of a lack of programming choice and video distribution competition at the time. It was clear even in the 2014 FCC proceeding on this issue that video streaming and the video streaming marketplace were different, and therefore the FCC decided not to proceed. At the September 13th House Energy and Commerce hearing, the witness for Consumer Reports testified that applying those cable- and broadcast-specific rules to streaming
would raise consumer prices and reduce choices. Aside from being an inappropriate standard to apply to the streaming marketplace, there is also reason to believe that these issues may be outside of the FCC’s scope. The 2014 FCC proceeding record shows that there were issues with the FCC asserting jurisdiction. Ultimately, it is the role of Congress to determine changes to the streaming marketplace.
This letter was signed by Rep. Tony Cardenas (D-CA) and 22 of his colleagues including Reps. Jamaal Bowman (D-NY), Andre Carson (D-IN), Judy Chu (D-CA), Yvette Clarke (D-NY), Lou Correa (D-CA), Jim Costa (D-CA), Adriano Espaillat (D-NY), Robert Garcia (D-CA), Steven Horsford (D-NV), Jonathan Jackson (D-IL), Sydney Kamlager-Dove (D-IL), Ro Khanna (D-CA), Ted Lieu (D-CA), Gregory Meeks (D-NY), Robert Menendez (D-NJ), Grace Meng (D-NY), Jared Moskowitz (D-FL), Raul Ruiz (D-CA), Linda Sanchez (D-CA), Jan Schakowsky (D-IL), Bennie Thompson (D-MS), and Nydia Velazquez (D-NY).
So why are locals doing this and what do they hope to get from it?
First what exactly is happening:
In July, local TV station owners formed a new Coalition for Local News to push the FCC to force cord cutting services to be treated like cable TV companies. If the FCC agrees to change the rules, it would force YouTube TV, Hulu, Fubo, and more to strike deals directly with the owners of local TV station owners instead of the big networks.
This comes as the Coalition, made up of 600 local TV stations owned by groups like Nexstar, last week put out a new statement to demand change in how the FCC regulates live TV streaming services.
How streaming services like Fubo are fighting back:
That same month, YouTube TV, Fubo, Vidgo, Roku, Paramount, Disney, NBCUniversal, and more came together to create a group called the Preserve Viewer Choice Coalition to stop this move.
“Cable and satellite regulations were enacted decades ago, long before most Americans had even heard of the internet. It’s almost laughable that the same policies would be appropriate in an era with nearly unlimited viewing options,” the group said at the launch and reiterated several times.
This fight is putting local TV station owners like Nexstar at odds with network owners like ABC’s Disney’s NBC Universal’s Comcast. Under the existing rules, ABC and NBC can sign contracts covering all of their affiliates — even the ones they don’t own — with streaming services like YouTube TV. If local TV stations win, it would dramatically change how the FCC regulates live TV streaming services. Primarily, it would force the live streaming services to negotiate directly with the owners of local TV stations like Nexstar.
Fubo, Hulu, and others wouldn’t be able to strike deals directly with Paramount for all CBS stations, for example. Instead, they will need to go to each individual owner of each local TV station. This is what cable TV companies have to do, and it is what live TV streaming services would do if the rules were changed.
The group of local TV stations owners argue that this change is needed to protect local news.
YouTube TV and others are pushing back: “Local news thrives under the current system. It took mere months for streaming services to offer local news in every U.S. market, while it took decades for traditional providers to do the same under the old rules and regulations some large affiliates now want to apply to streaming services. Requiring streaming platforms to negotiate carriage individually in all 210 designated markets will lead to less local news available for streaming viewers.”
Would this cost cord cutters more money?
If local stations get their way it could also mean you will pay more for services like YouTube TV, Fubo, Hulu + Live TV, and more. If the owners of local ABC, CBS, FOX, and NBC stations succeed, live TV streaming services would need to pay a $1.23 fee per subscriber every year to cover the FCC regulatory fee imposed on cable TV companies, according to Ted Hearn, a policy expert who had worked for ACA Connects, who posted the stat on X (formerly Twitter). Based on a Leichtman Research Group study that found 13.4 million subscribers to live TV streaming services, the fees would add up to $16.4 million.
So why is this all happening?
The coalition is pushing this to ensure local news will be offered on streaming services. But you can’t ignore the money side of this. Recently, multiple local station owners have been pushing for increases in carriage fees. Right now, they have to accept what the parent networks agree to with streaming services. This rule change would allow them to decline offers they don’t like.
So what does this mean for cord cutters?
Local channels have argued the deals they got with live TV streaming services were too low. A change would mean a new round of negotiations for all of the local channels, which could lead to blackouts if agreements aren’t made. It could also result in higher costs for streaming services, and potentially to consumers if they’re passed down.
The FCC hasn’t looked at the issue yet, but it’s one on a lot of people’s radar.
For now, it looks like local station owners are ready for a long fight to get what they believe will be a better deal for them. The live streaming services are likewise gearing up to maintain the status quo.
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