FCC proposes OTT companies get MVPD status [telecom]

By Brian Santo, CED, 12/22/2014

As expected, the Federal Communications Commission (FCC) is opening the door to a redefinition of who qualifies as a multichannel video programming distributor (MVPD). A new definition that is inclusive of online-only services, such as those already provided by Netflix or proposed by the likes of Sony and Dish could have profound ramifications for competition in the video market.

The question is coming up with increasing frequency, and cannot be ignored. Sky Angel continues to press its case. More recently, the Supreme Court confused the issue immensely by likening Aereo to an MVPD, even though absolutely nobody else agrees, a conundrum that helped drive Aereo into bankruptcy.

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My answers to the questions raised in this article:

For the purpose of the issue at hand here, it's a "consistent stream of programming..." transmitted simultaneously with the original broadcast. But that does not preclude use of a DVR, either built into Customer Premises Equipment or online.

Linear, not on-demand. But that does not preclude online DVR services as long as the subscriber selects programming to be recorded from the linear streams of channels to which he/she must subscribe.

Assuming the linear stream arriving by internet and the linear stream arriving from a CATV/SatTV company are identical, it should make no difference.

Assuming the linear stream retransmitted over the internet and the linear stream retransmitted by a CATV/sat company are identical, the identical retrans mechanism should apply. Subject of course to discrepancies at DMA boundaries resulting from discrepancies between DMA boundaries and zip code boundaries.

Neal McLain