Cable subscribers should have access to the widest range of programs and channels available, including content produced by independent and minority programmers.

But the cable industry limits viewer choice in programming, giving us the same bland shows on channel after channel, while independent and minority programmers have no way of reaching the public.

Wholesale Bundling

The heart of the problem with cable programming is the practice of “wholesale bundling” or “tying” by companies like Disney, Viacom and News Corp. These programmers abuse their market power by forcing cable operators to buy extra channels they don’t want in order to get the popular marquee channels that viewers demand.

This practice of bundling or tying directly impacts independent and minority programmers, whose work is not included in Disney or Viacom’s “bundles,” and who are vying for valuable space on cable systems. Wholesale bundling effectively pushes independent and minority programmers, who can’t get their content on the air, out of the cable marketplace.

The FCC is considering rule changes that would restore fair market conditions by empowering cable operators to say no when programming giants try to force them to buy content and channels that they and their viewers don’t want.

Under these sensible rule changes, big programmers like Disney and Viacom would unbundle their programming, offering individual channels to cable systems on a stand-alone basis, without forcing cable operators to take unwanted channels.

Free Press supports these rule changes, which are essential for increasing the diversity of voices on cable, and which would expand viewer choice of channels and programs.

• Read this FCC filing by Free Press ally Media Access Project regarding the agency’s review of wholesale tying and bundling practices.

• Take a look at this filing by public interest groups in response to false arguments by Viacom and the Motion Picture Association of America about the agency’s authority to adopt rules for tying and bundling practices.

Section 616

Another aspect of cable policy in urgent need of reform is Section 616 of the Communications Act. This important but overlooked statute regulates the process whereby independent and minority programmers can get a fair hearing and seek redress when cable operators arbitrarily refuse to carry their programming.

But the dispute resolution process is broken, failing to meet the needs of independent and minority programmers for fair treatment. Free Press and public interest groups are urging the FCC to reform Section 616 by adopting a set of sensible proposals that would restore efficiency and resolve basic process issues.

These proposals include establishing clear standards for getting a hearing before the FCC. At present, independent and minority programmers who have been denied carriage can’t get a hearing before the agency. The proposals also include the creation of a “shot clock” – or reasonable time frame – for the adjudication of disputes and protection from retaliation during the dispute resolution process. These are issues of basic fairness that merit the FCC’s attention and review.

• Read this letter about Free Press' efforts to reform Section 616.