FCC Considers Adding Internet-Streamed Video Services to MVPD Definition

Today, video delivered over the Internet is not subject to the same regulations as programming delivered by multichannel video programming distributors (MVPDs). In a Notice of Proposed Rulemaking (NPRM) published in yesterday’s Federal Register, the FCC would expand the definition of MVPD to include subscription services delivering multiple linear streams of video programming, regardless of the technology used to distribute the programming. This expansion would include new streaming video providers.

The FCC is accepting comments on the proposal until February 17 and reply comments until March 2.

Current MVPDs are bound by rules regarding program carriage, competitive availability of navigation devices, good faith negotiations with broadcasters for retransmission consent, equal employment opportunities, providing closed captioning and video descriptions, access to emergency information, signal leakage, inside wiring, and loudness of commercials. Expanding the definition of MVPD also would expand the current MVPD rules to companies that provide live streaming video from multiple channels for a fixed subscription fee.

Even with these proposed changes, some video providers would be subject to more regulation than others. Subscription on-demand, transactional on-demand, and ad-based linear and on-demand service providers would not be included in the new definition. In addition, content owners would have the ability to directly distribute their content without regulations.

The FCC has two alternatives for ownership of the facilities to the end user. Its preferred option would not require the MVPD to own the facilities that transport the video signal to the end users. The other option would require all MVPDs to own the video transport, even if it is only a broadband connection.

Copyright law could be a stumbling point for the FCC’s proposed rules. Some content creators and owners contend that redefining MVPD to include Internet-based distributers would conflict with current copyright law.

Overall, the proposed changes would ensure that the FCC would continue to regulate video services well into the future in spite of major shifts in how video content is delivered to customers. The proposed rules also try to level the playing field for a limited set of over-the-top video providers.

If you have any questions or would like to file comments on this NPRM, please contact Valerie Wimer at vwimer@jsitel.com or 301-459-7590.

Compliance Reminder: Numbering Resource Utilization and Forecast (NRUF) Form 502 due February 2

All service providers assigned numbering resources from the North American Numbering Plan Administration (NANPA) or the Pooling Administration are required to submit the NRUF Form 502 by February 2, 2015. NRUF Form 502 is a semi-annual filing requirement due February 1 and August 1 each year, reflecting all numbering utilization for the periods Jan. 1-June 30 and July 1-Dec. 31, respectively. Form 502 provides NANPA with the utilization status of all NXXs assigned to service providers, and as well provides NANPA with a forecast of anticipated NXX requirements over the next five years. This allows NANPA to monitor numbering availability and project anticipated numbering exhaust concerns within the NANP territory. 

As a further reminder to this filing requirement, all PORTED TELEPHONE NUMBERS (TNs), from within NXXs or blocks assigned to your company, must be reported as ASSIGNED numbers on the Form 502. And, any ported out TN which has been returned to your numbering inventory must be reported as AVAILABLE on the Form 502. As many service providers do not receive notice when one of their ported out TNs has been disconnected and subsequently returned to them as the original assignee of the number, service providers must have a mechanism in place to track the status of ported out/disconnected numbers in order to properly report TN status on the NRUF Form 502.   

For those clients requiring assistance with determining the ported out/disconnect status of their numbers, feel free to contact JSI for our Ported TN Report. For those clients that have JSI file the NRUF Form 502 on their behalf, the necessary data forms should have already been received by your company for updating.  

Should you have any questions on the Form 502 or Ported TN Report, please contact Karen Hoffman at 301-459-7590 or khoffman@jsitel.com.

 

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