Comments of the Free State Foundation: Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming

With these innovative and competitive developments in the video services market, it does not reflect well on the Commission that analog-era regulations, based on early-1990’s perceptions about cable “bottlenecks,” remain in force. The analytical underpinnings of those regulations have been swept away by dynamic market place changes. Unnecessary, backward-looking regulation offers little or no benefit to consumers. Instead, overregulation imposes costs on providers that inevitably are passed onto consumers in the form of higher prices or reduced choices. Legacy regulations now impede the competitiveness of MVPD services in a market landscape that is being transformed by convergence on digital and IP-based technologies, cross-platform competition among MVPDs, disruptive OVD services, as well as digital streaming media devices and portable viewing.

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