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Leased access

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US TV mandate for independent programming
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Leased access is airtime that theFederal Communications Commission (FCC) mandates must be provided bycable operators (such asComcast Xfinity andCharter Spectrum) for use by independent cable programmers and producers who are not owned by the operators.[1] Leased access airtime may be purchased onspecialty channels by individuals or groups withE&O insurance for the purposes of airingtelevision programming content, usuallylocal programming.

Somelow-power television stations, often affiliated withThe WB andUPN, could only air their programming on a cable system through the purchase of leased access time, as they were not covered by the FCC'smust-carry regulations to require their stations to be carried; often this came with no built-in promotion by a cable system which often regarded their other programming as sub-standard as the reason for traditional carriage refusal, or any call out of the programming carried in their channel lineups (where they were listed only as 'paid' or 'leased access' and with noprogram listings), meaning the station would have to find alternate means to promote their cable carriage.

The purchase of leased access for low-power stations has significantly been reduced as those stations are now often owned by a larger full-power sister station which require that station's carriage as a condition inretransmission consent negotiations for the full-power station's (or often a sister national pay-TV network's) carriage, or as part of that station'sdigital subchannel lineup.

The prices for leased access are subject to a maximum set by an FCC formula and therefore in theory cannot be manipulated by cable companies. Cable companies, however, can "manipulate" prices through lobbying the FCC. Indeed, in 1997, the FCC set maximum prices based on an "average implicit fee" formula which set the prices considered by cable programmers to be remarkably high. Lower prices would encourage increased usage of leased access by independent programmers.

In practice, this has meant in markets without a need for leased access and whose needs can be fulfilled bypublic, educational, and government access/PEG orpublic-access television channels (which provide their facilities at no to minimum cost), a channel's time is usually bought outen masse by networks and entities who only air shopping channels,paid programming ortelevangelism on a full-time basis, often merely carrying a national network feed with no local deviation, though still having no guide listings provided unless so paid for by the network, allowing a provider to profit off a steadier source of revenue than from disparate programmers and producers.

This type of programming direction has only increased as the former purchasers of leased access have moved on to more reasonable online video options, with both better promotional opportunities and none of the issues, complications, and regulations which have long saddled leased access channels and time slots.

See also

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References

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  1. ^Timmer, Joel (2021–2022)."Leased Access: Has the Cable Television Carriage Requirement Become Unconstitutional?"(PDF).Federal Communications Law Journal.74: 1.
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