In the last few days there have been several significant
developments in the IPTV and sports/entertainment marketplace. The FCC may treat Over the Top video
programmers as multichannel video programming distributors (“MVPDs”) if they
offer a stream of content rather than on demand access. If the Commission
pursues this initiative ventures like Aereo may achieve legitimacy and the
opportunity for a true marketplace test.
As an MVPD,
Aereo would qualify for a compulsory copyright license, but have to negotiate
for the legal right to transmit broadcast television station signals. This is pretty much the same deal that cable
television operators secured in 1984.
Previously community antenna television systems won court cases
affirming their right to receive and retransmit broadcast television. Cable operators agree to pay for the
privilege to secure legitimacy, and so will Aereo and ventures like it.
In addition
to the HBO initiative to offer its content without requiring an MVPD subscription,
the FCC recently eliminate its sports black out rules that prevented MVPD
carriage of games that had not sold out 72 hours before broadcast.
You might
have interest in a slide presentation on sports telecommunications issues I
will present at the Ole Miss Law School; see http://www.personal.psu.edu/rmf5/Ole%20Miss%20Telecom%20and%20Sports%20Oct.%202014.ppt.