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Robyn Polashuk

Robyn Polashuk focuses her practice on the licensing and distribution of television networks and programming content across a variety of platforms (including cable and satellite, IPTV, mobile and broadband) and business models (from linear to subscription and transactional video-on-demand, electronic sell-through and interactive applications).  As part of this work, she also negotiates retransmission consent agreements on behalf of broadcast stations.  Ms. Polashuk has extensive experience in digital distribution, particularly in the area of “over the top” and “TV Everywhere” models.  Her knowledge includes content protection and digital rights management issues related to television and film programming distribution.  Ms. Polashuk’s practice also extends to due diligence and contractual analysis in connection with media-related corporate transactions and most favored nations review and interpretation.  In this practice, Ms. Polashuk represents both leading media groups and emerging networks, in general entertainment, sports and specialized programming genres, as well as major technology and Internet companies.

The Federal Communications Commission (FCC) has issued a Notice of Proposed Rulemaking (NPRM) in which it proposes satellite television “market modification” rules to implement Section 102 of the Satellite Television Extension and Localism Act Reauthorization Act of 2014 (STELAR).  STELAR amends the Communications Act and the Copyright Act to give the FCC authority to modify a commercial television broadcast station’s local television market for purposes of satellite carriage rights.  The FCC previously had such authority to modify markets only in the cable carriage context.  The FCC also proposes to change the factors relevant to the market modification process.  Below, we list some of the tentative conclusions and interpretations on which the FCC seeks comment.

The main effect of a market modification is to expand or contract the areas in which a station may elect mandatory carriage under the must-carry rules.  To the extent that a station’s network affiliation or other agreements authorize a station to grant retransmission consent only in the station’s Nielsen DMA, a market modification petition granted by the FCC would not alter the boundaries of that DMA.   However, for stations that have elected retransmission consent, a market modification may have implications with respect to the areas in which such stations’ signals may be carried as “local” signals under the copyright laws.Continue Reading FCC Releases NPRM Regarding STELAR’s Market Modification Provisions

On December 19, the FCC released a Notice of Proposed Rulemaking (NPRM) relating to the designation of certain online video programming distributors as “multichannel video programming distributors” (MVPDs) under the Communications Act.  This NPRM raises important and complex issues for the content community and has implications for other statutory regimes as well as existing program licensing and distribution agreements.
Continue Reading FCC Tentatively Concludes that Certain Online Video Distributors are MPVDs