On December 19, the FCC released a Notice of Proposed Rulemaking (NPRM) relating to the designation of certain online video programming distributors as “multichannel video programming distributors” (MVPDs) under the Communications Act.  This NPRM raises important and complex issues for the content community and has implications for other statutory regimes as well as existing program licensing and distribution agreements.

The FCC tentatively has concluded that “the statutory definition of MVPD includes certain Internet-based distributors of video programming,” specifically identifying “all entities that make available for purchase, by subscribers or customers, multiple streams of video programming distributed at a prescheduled time.”  The FCC, however, expressly proposes to exclude certain categories of online linear video programming distributors from the revised definition — such as entities that make available stand-alone offerings of only their own programming.

The FCC seeks comment on these proposals, as well as on an “alternative interpretation” that would retain the current understanding that MVPDs must be “facilities-based” (i.e., that they must control the transmission path by which programming is distributed to the subscriber).

The Commission also requests comment on the implications of the proposed definitional change, focusing on the program access, program carriage and retransmission consent rights and obligations of MVPDs, but also noting rules relating to closed captioning, video description and the CALM Act.

In addition, the FCC seeks comment on the collateral ramifications of the revised definition, such as:

  • The effect of the proposed definition on broadcast network affiliation agreements;
  • Whether the proposed definition conflicts with Section 111 of the Copyright Act and its implications for compulsory copyright;
  • Whether cable networks have the necessary contractual rights to distribute their services online; and
  • How the proposed definitional change will affect the content licensing marketplace.

We will continue to update our readers as the FCC’s inquiry proceeds.

Tags: FCC, Federal Communications Commission, MVPD
Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Robyn Polashuk Robyn Polashuk

Robyn Polashuk has more than 25 years of experience in video programming licensing and distribution, both as a lawyer for Lifetime Television and in private practice, where she currently serves as co‑chair of Covington’s Entertainment and Media Industry Group. Her practice encompasses some…

Robyn Polashuk has more than 25 years of experience in video programming licensing and distribution, both as a lawyer for Lifetime Television and in private practice, where she currently serves as co‑chair of Covington’s Entertainment and Media Industry Group. Her practice encompasses some of the most precedential deals in the television and streaming industry, and has had a significant impact on how content is made available to consumers. She is called upon by an extensive range of studios, networks, streaming services, and other content owners, including AMC Networks, The Walt Disney Company, Fox Corporation, Paramount Global, TelevisaUnivision, and TV One, to advise on high‑profile transactions involving video content licensing and distribution across traditional and online platforms and free ad‑supported, subscription, and other pay business models.

Robyn has been widely recognized for her influence and leadership in the entertainment industry, with consistent recognition from leading industry publications. She has been featured multiple times on Variety’s Legal Impact and Dealmakers Impact Reports, and was named to Variety’s Women’s Impact Report in 2025. Robyn has also been recognized by The Hollywood Reporter as one of its Power Lawyers three times and, for five consecutive years, has been the only outside counsel named one of Cablefax’s Most Powerful Women. In addition, she has been named an Entertainment Business Visionary by the Los Angeles Times and The Envelope magazine, one of the Los Angeles Business Journal’s Top 100 Lawyers, and one of the Daily Journal’s Top Women Lawyers.

In addition to her commercial licensing and distribution work, Robyn supports corporate transactions by managing distribution‑related diligence and risk assessments, and providing guidance on post‑transaction studio, network, and streaming service integration. Increasingly, she acts in an advisory capacity to help content owners develop strategies and mitigate risks in connection with the monetization of content, data, and advertising, as well as the implementation of artificial intelligence in connection with content distribution arrangements. Robyn also counsels on sports media rights licensing, subscription marketing, accessibility and other regulatory issues, and media and copyright litigation.

Read more about Robyn PolashukEmail
Show more Show less