Updated 11:48 p.m. PT: FCC Chairman Tom Wheeler called for an emergency meeting with Dish and Sinclair to resolve the ongoing blackout. Here is his statement in full:
“Today, I have directed the Media Bureau to convene an emergency meeting with Dish and Sinclair to get to the bottom of the dispute and bring back local programming to consumers. The parties will have until midnight to file their views.”
“The public interest is the Commission’s responsibility. We will not stand idly by while millions of consumers in 79 markets across the country are being denied access to local programming. The Commission will always act within the scope of its authority if it emerges that improper conduct is preventing a commercial resolution of the dispute.”
“Just last year, Congress instructed the Commission to look closely at whether retransmission consent negotiations are being conducted in good faith. That’s why I have proposed to my fellow Commissioners a new rulemaking to determine how best to protect the public interest. The facts surrounding this dispute inform our findings in that proceeding, but we will not wait to act on behalf of consumers.”
Previously:
Dish and Sinclair are still going at it over carriage fees, with the former accusing the latter of “failing to negotiate in good faith as called for by Congress.” The result is what the satellite cable provider is referring to as “the largest blackout in U.S. television history.”
On Wednesday, Dish renewed its formal Federal Communications Commission complaint against Sinclair Broadcasting Group, a day after Sinclair blacked Dish subscribers out from 129 of its local channels in 79 markets across 36 states and the District of Columbia.
“We are calling on the FCC to intervene in Sinclair’s senseless blackout that needlessly punishes consumers despite an agreement on rates and all other terms for Sinclair’s local stations,” Jeff Blum, Dish senior vice president and deputy general counsel, said. “Sinclair rejected every opportunity to serve viewers including our extension offer, which featured a full true-up, and has instead chosen to use innocent consumers as pawns to gain leverage for a cable channel it hopes to acquire but does not own today.”
Per Dish, here is where the ongoing negotiations have hit a snag: Sinclair wants Dish to agree to terms and conditions for future carriage of a cable network that Sinclair hopes to acquire, but does not own today. Dish contends that such forced bundling is a violation of the Commission’s good faith rules and U.S. competition law.
Dish wants the FCC to immediately grant preliminary injunctive relief and to require Sinclair to negotiate in good faith.
Sinclair did not immediately respond to TheWrap‘s request for comment on the renewed filing. The original complaint was filed on Aug. 15. A day later, the two sides agreed to extend their negotiating deadline, though clearly that spare time has not helped much.