On September 2, 2015, the Federal Communications Commission (FCC or Commission) released a Notice of Proposed Rulemaking (NPRM) seeking comment on potential updates to the “totality of the circumstances test” for evaluating whether broadcast stations and multichannel video programming distributors (MVPDs)
are negotiating for retransmission consent in good faith. This action was prompted by the Satellite Television Extension and Localism Act Reauthorization (STELAR) Act of 2014 passed by Congress late last year. The NPRM seeks comment generally on the totality of the circumstances test, including whether and how the Commission should update that test. The NPRM also seeks comment on whether there are specific practices that the Commission should identify as evidencing bad faith under the totality of the circumstances test. Comments must be submitted no later than December 1, 2015. Reply comments must be submitted no later than December 31, 2015.
