The FCC has indicated in a blog post that it has decided to leave intact its current “totality of circumstances” test that is used to determine whether one or both sides has engaged in good faith negotiations during a retransmission consent dispute. While indicating that it did not feel additional rules were needed to further identify specific practices that are indicative of bad faith negotiations, the Commission reaffirmed its readiness to intervene in any dispute that threatens to deprive the viewing public of the services they desire and are paying for.
