FCC issues fines over DirecTV locals Negotiation

In the Matter of DIRECTV, LLC; AT&T Services, Inc., In this Forfeiture Order, we impose a per-station penalty of $512,228 against each Defendant for willfully and repeatedly violating the Commission’s good faith negotiation standards.

FCC adopts Forfeiture Order finding 18 stations in eight station groups liable for failing to negotiate for retransmission consent in good faith, and imposing fines up to $1.5 million on each licensee. https://docs.fcc.gov/public/attachments/FCC-21-89A1.pdf. good faith standards by refusing to negotiate with DIRECTV, LLC and AT&T Services, Inc. (collectively, AT&T) for retransmission consent with respect to 18 broadcast television stations (Defendant Stations), unreasonably delaying retransmission consent negotiations regarding the Defendant
Stations, and failing to respond to AT&T’s proposals for the retransmission of the Defendant Stations. Here, we affirm the NAL and its proposed forfeiture. After considering Defendants’ response to the NAL, we find no reason to cancel, withdraw, or reduce the penalty proposed, except with respect to Mercury.

In light of its demonstrated inability to pay, we grant Mercury’s request to reduce the proposed forfeiture to $30,000.

Deerfield Media (Port Arthur) Licensee, LLC KBTV $512,228
Deerfield Media (Cincinnati) Licensee, LLC WSTR $512,228
Deerfield Media (Mobile) Licensee, LLC WPMI/WJTC
$1,024,456
Deerfield Media (Rochester) Licensee, LLC WHAM $512,228
Deerfield Media (San Antonio) Licensee, LLC KMYS $512,228
GoCom Media of Illinois, LLC WBUI/WCCU/WRSP
$1,536,684
Mercury Broadcasting Company, Inc. KMTW $30,000
MPS Media of Tennessee Licensee, LLC WFLI $512,228
MPS Media of Gainesville Licensee, LLC WNBW $512,228
MPS Media of Tallahassee Licensee, LLC WTLF $512,228
MPS Media of Scranton Licensee WSWB $512,228
Nashville License Holdings, LLC WNAB $512,228
KMTR Television, LLC KMTR $512,228
Second Generation of Iowa, LTD KFXA $512,228
Waitt Broadcasting, Inc. KMEG $512,228


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Not sure a fine that size is enough to dissuade them - and surely it ought to be proportional to market size because the bigger the market the more easily they can absorb a half million dollar fine without changing behavior.
 
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ATVA Statement on the FCC’s Fines Against Sinclair Affiliated Stations

WASHINGTON, DC – The American Television Alliance (ATVA) issued a statement on the FCC’s decision today to impose fines totaling nearly $9 million on Sinclair affiliated stations.

“ATVA applauds the FCC's decision to fine stations associated with Sinclair nearly $9 million for violating the good faith negotiation rules,” said ATVA spokesperson, Jessica Kendust. “The FCC found that these stations and their agent, Duane Lammers, engaged in conduct that merited the maximum penalty allowed by law. We are pleased that the FCC’s action sent such a strong signal that it will not tolerate broadcasters' bad-faith conduct, especially when their behavior leads to needless TV blackouts that are harmful to American consumers. “

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The American Television Alliance (ATVA) brings together an unprecedented coalition of consumer groups, cable, satellite, telephone companies, and independent programmers to raise awareness about the risk TV viewers face as broadcasters increasingly threaten service disruptions that would deny viewers access to the programs they and their families enjoy.


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The sameness of the fine amount suggests there may be some legal limit per license.

Yeah that's what I was getting at. The law is stupid as it assigns the same maximum to one of those tiny DMAs with 10,000 residents as they do for NYC and LA with 10 million+.
 
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It is certainly good to see Sinclair fined.

If the FCC would just enforce the clear black letter law that prohibits Sinclair from owing more than one major network affiliate in a market, it would then not place providers in the position of losing 2 or in some cases 3 networks all at once, it would help a lot more.
 
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