Campus Televideo (CTV) Statement on Must Carry Elections and Retransmission Consent
Apogee/CTV’s video division builds and maintains on-campus broadband distribution facilities that assist higher education institutions in delivering the best available video services, accessible from a wide range of devices and individually structured to fit the unique needs of any campus. We serve as a “content integrator” in that we assist our higher education partners in selecting the proper mix of video programming offerings for their particular circumstances, and we also provide administrative support for the relationships between the institution and video content suppliers. Apogee is not a “Cable Operator” or an “MVPD” under FCC definitions and does not license, resell or distribute third party content.
Availability of Television Broadcast Stations
Our partner higher education institutions typically choose to offer local television stations for viewing at appropriate campus locations. Local TV programming can be obtained either through off-air reception via master antenna TV (“MATV”) facilities or through arrangements with a direct broadcast satellite (“DBS”) operator. In either case, the institution is required to make such TV signals available on campus at no additional charge (e.g., as a convenience of dormitory occupancy.)
Off-Air Reception By MATV Facilities
Where an institution elects to receive one or more local TV stations via off‑air reception, we provide assistance in the construction or maintenance of the MATV facilities. All of these customers own or have the option to own their off-air MATV reception equipment, are required to distribute TV station content only on their campus, and may not charge a separate fee for TV access. Consequently, these customers qualify for the exemption from retransmission consent requirements under FCC regulations (47 CFR Part 76.64(e)). Similarly, MATV facilities providing local television broadcast signals at no direct charge as a convenience of occupancy are exempt from copyright liability.
MATV facilities also are exempt from “Must Carry” elections by local broadcast affiliates and are limited to reception of stations able to deliver a signal of adequate strength. Reception quality can vary based on external factors. Apogee and its customers will consider broadcaster carriage requests on a case by case basis.
Broadcast Station Delivered By a DBS Operation
Some institutions purchase local TV programming on a bulk basis from a third party DBS operator. Under these circumstances, Apogee is a commissioned sales agent. Apogee does not resell, retransmit or rebroadcast DBS content. The DBS operator providing the bulk package is responsible for paying the retransmission fees and copyright royalties associated with the content. The DBS operator is subject to FCC must‑carry requirements relating to broadcast stations, and the package of local stations delivered by the DBS operator must be provided without change or alteration.
Availability of Streaming Content
Apogee offers tailored digital video, IPTV and streaming solutions using coaxial, fiber and wireless networks on campuses for the delivery of authenticated entertainment, educational and custom content. These platforms can enable students to access live, on demand, and recorded programming on multiple devices, including laptops, tablets and smartphones. Now more than ever, there’s a critical need to ensure that resident college students have legally approved methods of consuming media, sharing copyrighted material, and accessing digital programming. Our secure web authentication platform seamlessly integrates with university authentication systems to facilitate secure distribution of IPTV services to eligible students and other authorized outlets on campus.
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