The FCC has commenced a rulemaking to determine the proper regulatory treatment of video programming delivered over the public Internet, as well as programming delivered over private networks using Internet Protocol. The Notice of Proposed Rulemaking (NPRM) seeks to determine the proper regulatory benefits and obligations that should be imposed on Internet based video service providers that function like traditional multichannel video programming distributors (MVPDs) but who have remained largely unregulated. The Commission makes clear that its decision to expand the MVPD definition to include Internet delivered video programming will apply only to providers of multiple streams of preprogrammed linear video programming and will not change the unregulated nature of video programming services offered on a subscription on-demand basis. The Commission asks for comment on how its MVPD regulations should be applied to qualified Internet based video programmers and whether ownership or control of some portion of the facilities used to distribute video services to customers should be required in order for a provider to qualify as an MVPD.
