Wheeler gives Aereo a shout-out in
his post about the futureand signals how "new OTTs may offer smaller or specialized packages of video programming, so consumers will be able to mix-and-match to suit their tastes."Importantly, though, Wheeler stops short of providing many details about the rule that he has in mind. It might help Aereo. It might not.
In 2012 filings by Fox, Disney and CBS, they all stress that even if the FCC takes an expansive view of what an MVPD is, that doesn't negate certain legal requirements.
As CBS
puts it, "There is nothing in the definition of 'multichannel video programming distributor' in the Communications Act that compels an interpretation of that phrase that would defeat the clear intent of Congress that broadcasters be able to negotiate compensation for the retransmission of their signals."
As Disney
posits, "Broadcasters must maintain the rights to control the retransmission of their signals over all distribution platforms, including the Internet, and to negotiate for compensation for distribution of such signals."