Comment Dates Set in FCC’s Heavily Anticipated MVPD Definition Proceeding

The press has been abuzz in recent months regarding the launch of various Internet-based video services and the FCC’s decision to revisit its current definition of Multichannel Video Programming Distributors (MVPDs). In December, the FCC released a Notice of Proposed Rulemaking (NPRM), seeking to “modernize” its rules to redefine what constitutes an MVPD. The FCC’s proposals would significantly expand the universe of what is considered an “MVPD” to include a wide-variety of Internet-based offerings. Today, the FCC released a Public Notice providing the dates by which parties can provide their own suggestions regarding how to modify the definition of “MVPD”. Comments are now due February 17, 2015, with reply comments due March 2, 2015.

The Communications Act currently defines an “MVPD” as an entity who “makes available for purchase, by subscribers or customers, multiple channels of video programming.” Specific examples given of current MVPDs under the Act are “a cable operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive-only satellite program distributor who makes available for purchase, by subscribers or customers, multiple channels of video programming.” The Act states, however, that the definition of MVPD is “not limited” to these examples.

Historically, MVPDs have generally been defined as entities that own the distribution system, such as cable and DBS satellite operators, but now the FCC is asking for comments on two new possible interpretations of the term “MVPD.” The first would “includ[e] within its scope services that make available for purchase, by subscribers or customers, multiple linear streams of video programming, regardless of the technology used to distribute the programming.” The second would hew closer to the traditional definition, and would “require an entity to control a transmission path to qualify as an MVPD”. The FCC’s is looking for input regarding the impact of adopting either of these proposed definitions.

What all this means is that the FCC is interested in making the definition of “MVPD” more flexible, potentially expanding it to include not just what we think of as traditional cable and satellite services, but also newer distribution technologies, including some types of Internet delivery.

Underscoring its interest in this subject, the FCC asks a wide array of questions in its NPRM regarding the impact of revising the MVPD definition. The result of this proceeding will have far-reaching impact on the video distribution ecosystem, and on almost every party involved in the delivery of at least linear video programming. Consequently, this is an NPRM that will continue to draw much attention and merits special consideration by those wondering where the world of video distribution is headed next.