Testimony of Gerry Waldron at Hearing on Satellite Television Law WASHINGTON, DC -- Covington & Burling Partner Gerry Waldron testified today before the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet at a hearing on Satellite Television Laws in Title 17.
Below is a transcript of his testimony as prepared for delivery.
* * *
Good morning, Chairman Coble, Ranking Member Watt, and members of the Subcommittee. My name is Gerry Waldron. I am a partner with the law firm of Covington & Burling, and I am testifying here today on behalf of the more than one thousand free, local, over-the-air television members of the National Association of Broadcasters (NAB).
As the Committee begins its review of STELA, your broadcast constituents urge you to keep in mind two principles. First, free, locally-focused broadcast television should remain available to American households. Second, this examination should not be used to create new exceptions to copyright law that undermine those contractual relationships between broadcasters and satellite or cable companies that enable broadcastings local focus.
Why is localism so important? For broadcasters, localism is coverage of local news, severe weather and emergency alerts, school closings, high school sports, local elections and public affairs. Localism is support for charities, civic organizations and events that help create a sense of community. Our broadcast stations are also the way that local businesses educate and inform the public about their goods and services and, in turn, create jobs and support your economies. There is no doubt that viewers - your constituents - continue to rely on our service. Broadcast television remains unique because it is free, it is local, and it is always on - even when other forms of communication may fail.
As a threshold matter, the Subcommittee should ask whether the expiring Section 119 distant signal license continues to promote localism, and whether it is in the public interest. It could be argued that the distant signal license served its purpose in 1988, when the back-yard satellite industry was just getting started; and served its purpose again when DISH and DirecTV first launched their small-receiver services in the mid-1990s. But in 2013, when DISH and DirecTV are two of the three largest pay-tv providers in the country, the distant signal license is a vestige of a bygone era.
Today, over 98 percent of all U.S. television households can view their local network affiliates by satellite-and that number is growing all the time. No public policy justifies treating satellite subscribers in local-into-local markets as unserved, which would deprive viewers of the benefits of locally-focused service. As DISH has demonstrated, there are no technical reasons for failing to serve all markets. Accordingly, the Subcommittee should continue to encourage localism, and consider whether the Section 119 license should expire.
In reexamining STELA, you are likely to hear from those seeking enactment of new exceptions to the copyright laws that would undermine broadcasters retransmission consent rights. Let me be clear, arguments that broadcasters have too much leverage in retransmission consent negotiations, or that retransmission fees are directly responsible for rising cable bills, are wrong.
Local broadcasters and pay-tv providers both have an incentive to complete retransmission consent negotiations and for that simple reason they almost always do - before any disruption to viewers occurs. As a result, carriage disruptions from retransmission consent impasses represent only one-hundredth of one percent of annual U.S. television viewing hours. That means consumers are 20 times more likely to lose television programming because of a power outage than a retransmission consent dispute. Furthermore, in the small number of instances where these negotiations have resulted in disruptions to consumers, there is one distinct pattern: the involvement of Time Warner Cable, DirecTV and DISH. Since 2012, these three companies have been party to 89 percent of broadcast television carriage disruptions nationwide.
In contrary to what some suggest, NAB has demonstrated across numerous economic studies that retransmission consent payments are not responsible for high and rising pay-tv prices. Just two cents of every cable bill dollar goes to broadcast retransmission consent fees. Thats true in spite of the fact that during the 2011-2012 television season, 96 of the top 100 most watched prime time programs were aired by broadcast TV stations.
Lastly, the committee should understand that retransmission consent negotiations are about more than just fees. Increasingly, these negotiations include hard discussions about how we can distribute our content across a variety of competitive platforms - such as Hulu.
In conclusion, your local broadcast constituents urge you to rebuff calls from the pay-TV industry to expand the narrow examination of STELA solely to give them unfair leverage in market-based negotiations. .
* * *
About NAB
The National Association of Broadcasters is the premier advocacy association for Americas broadcasters. NAB advances radio and television interests in legislative, regulatory and public affairs. Through advocacy, education and innovation, NAB enables broadcasters to best serve their communities, strengthen their businesses and seize new opportunities in the digital age. Learn more at www.nab.org.
Most recent headlines
17/02/2025
TVBEurope talks to the team who brought a piece of broadcasting history back to life on BBC Wales last night
By Jenny Priestley
Published: February 14, 2025 ...
17/02/2025
Eligible studios will receive the relief directly from their local authorities, with no need to submit a claim
By Matthew Corrigan
Published: February 17, 20...
17/02/2025
As DEI initiatives come under pressure in the USA, supporters of Rise, which promotes diversity in the media and entertainment sector, discuss the continuing im...
17/02/2025
EIB Global loan will partially fund SES's continued O3b mPOWER medium earth orbit (MEO) fleet expansion enabling additional capacity worldwide. O3b mPOWER s...
15/02/2025
At Nielsen, Business Resource Groups (BRGs) play a critical role in nurturing a ...
15/02/2025
Innovation to empower creativity: Explore the latest in Lightroom
Rob Christensen February 15, 2025
0 Comments
Whether you want to remove distracting ...
15/02/2025
Wisycom, a worldwide leader in RF technology and provider of wireless solutions, announces a new distribution agreement with EQUAPHON. An Argentinian profession...
15/02/2025
DPA Microphones, the leading manufacturer of high-quality microphone solutions, is pleased to welcome Nicholas Nick Mariano and Vincent Vince Divine to the ...
15/02/2025
Tuxera, a leading provider of quality-assured file systems and networking solutions, will showcase how Tuxera Fusion SMB enables unprecedented performance for m...
15/02/2025
Bitmovin's latest Video Developer Report indicates an increasing role of AI, the slow adoption of next-generation codecs, and continuing challenges when it ...
15/02/2025
When Michelin Enterprises set out to promote its prestigious Hotel Guide in the new Sleepless in the Kitchen , campaign, veteran German/Slovenian gaffer Robert...
15/02/2025
Formula E, the world's first all-electric racing series, revolutionizing motorsport with cutting-edge technology and a commitment to sustainability has sele...
15/02/2025
Agile Content, a global leader in TV and video technology solutions, announces its rebranding to AgileTV.
The transition to AgileTV stems from a commitment to ...
15/02/2025
Hiltron Communications will promote the latest additions to its range of satellite communication products, systems and supporting services at GovSatCom 2025. Th...
15/02/2025
Following the success of the original Airglow Booklight, DoPchoice debuts a new addition to their inflatable line the Float. This lightweight, inflatable, round...
15/02/2025
LAS VEGAS Marshall Electronics has announced that it will debut its newest camera controller, the RCP Plus, at the 2025 NAB Show at Booth N2649 between April 5 ...
15/02/2025
ATLANTA Gray Media has named Blake Sebo as the next general manager of KTUU and KYES, Gray's NBC and CBS affiliates in Anchorage, Alaska....
15/02/2025
KOKKEDAL, Denmark DPA Microphones will feature its new CORE+ technology for distortion-free microphone sound at the 2025 NAB Show, April 5-9, in Las Vegas....
15/02/2025
SWANSEA, U.K. QuickLink will launch StudioPro-NDI and StudioPro-3, two new models of its QuickLine StudioPro video production platform, at the 2025 NAB Show, Ap...
15/02/2025
Live From 2025 NBA All-Star Game Weekend: After 25 Years, Turner Sports All-In F...
15/02/2025
NASCAR Driver Cam on Max Embraces Cloud-Based Workflow for 2025 Season Chris Brown of WBD Sports says Mobii will play key part in delivering signals from the tr...
14/02/2025
Last month, we officially launched the Spotify Partner Program, a powerful new m...
14/02/2025
From an island off the coast of Lutruwita to the global stage in France SBS & ...
14/02/2025
The future of electro-optical/infrared (EO/IR) land systems is evolving so that ...
14/02/2025
Here are 5 reasons why you should attend ISE 2025
Discover more about Calrec: Learn more about Calrec's legacy of innovation in broadcast audio solutions ...
14/02/2025
World Radio Day: On the same wavelength
By Graham Murray, International Sales Manager at Calrec
To mark World Radio Day, Calrec's International Sales Ma...
14/02/2025
DALLAS and TYSONS, Va. Tegna has concluded a broadcast rights agreement that makes Tegna's KFAA in Dallas the exclusive local television partner of the Dall...
14/02/2025
Amazon's Prime Video has released a new app for Apple TV that the streamer said delivers an improved streaming experiences with faster scrolling, improved s...
14/02/2025
CLEVELAND Telos Alliance announced a software update for its Axia Quasar XR and SR line of audio-over-IP (AoIP) mixing consoles and will show the offering at th...
14/02/2025
Puget Systems Returns to HPA Tech Retreat 2025 with New Analysis Tools for Puge...
14/02/2025
Glass Animals: Tour of Earth Uses Blackmagic Live Production Workflow
Brie Clayton February 14, 2025
0 Comments
80six deploys Blackmagic URSA Broadcas...
14/02/2025
A dispute between Paramount and Youtube TV that would have pulled CBS stations and Paramount's cable channels from the streaming service has been temporaril...
14/02/2025
Colourist Deidre (Dee) McClelland details how she helped shape the distinct look and feel of whimsical Oscar-nominated stop-motion film, Memoir of a Snail
By C...
14/02/2025
BitFire said it intends to introduce forward-looking services that simplify the launch of live production workflows, and enhance real-time collaboration
By Jen...
14/02/2025
The claim by the liquidators is the latest twist in the ongoing saga of the companys collapse at the end of 2021
By Matthew Corrigan
Published: February 14, ...
14/02/2025
A carriage dispute between YouTube TV and Paramount could come to a head today (Feb. 13), with the virtual pay TV provider threatening to pull all of the progra...
14/02/2025
ENGLEWOOD CLIFFS, N.J. LG Electronics USA has opened a new in-house, state-of-the-art virtual production studio at its 360,000-square-foot North American headqu...
14/02/2025
NEW YORK In a bid to help local broadcasters find new ways of monetizing their content, the Coalition for Innovative Media Measurement (CIMM) and TVB have relea...
14/02/2025
WASHINGTON Three Democratic U.S. Senators have sent a stern letter blasting FCC Chair Brendan Carr for the weaponization of the agency for attacking broadcast...
14/02/2025
Years after launching the streaming service Apple TV+ in November of 2019, Apple has finally released a version of its steaming app for Android devices....
14/02/2025
FOOTHILL RANCH, Calif. Red Digital Cinema will make its V-RAPTOR [X] and KOMODO-X camera systems available with Nikon's premier Z Mount, providing filmmaker...
14/02/2025
DAYTONA, Fla. The Fox Sports production of this year's Daytona 500 will see the addition of a few new tech elements and the continued unfolding of the broad...
14/02/2025
Watch Bryson Battles Blind Audition on The Voice Get a Four-Chair Turn Michael Bubl said the Boston Conservatory at Berklee musical theater senior might have...
14/02/2025
2025 Daytona 500: FOX Sports Looks To Ride Super Bowl LIX Momentum Into NASCAR S...
14/02/2025
14 Feb 2025
VEON's Kyivstar and the Come Back Alive Foundation Raise USD 2....
14/02/2025
Max Renews THE PITT, Starring Noah Wyle, For A Second Season
Max
Warner Bros. Television Group
The Pitt
New Episodes Of The Medical Drama From John...
14/02/2025
This year, Technicolor proudly celebrates 110 years of shaping the magic of cinema pioneering color, visual effects, and innovation that bring unforgettable l...
14/02/2025
NBA All-Star: More Games, More Teams, More Music, More Sound From the Court Turner Sports' team will deploy familiar tech to capture all the audio By Dan D...
14/02/2025
LIV Golf Continues To Innovate With Drones, Data-Driven Graphics, and All-Access...
Testimony of Gerry Waldron at Hearing on Satellite Television Law WASHINGTON, DC -- Covington & Burling Partner Gerry Waldron testified today before the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet at a hearing on Satellite Television Laws in Title 17. 
