If Aereo Wins at Supreme Court, Fight Would Head to FCC
The Supreme Court is expected to rule sometime in the next few weeks
on whether or not Aereo violates copyright, in the process potentially sending the company to the digital dustbin. Should Aereo win, however, the Los Angeles Times
notes that broadcasters will likely try to take the battle to the FCC, where they'll try to get regulators to consider Aereo a multichannel video programming distributors (MVPD), forcing them to adhere to all the regulations that classification requires.
As for Aereo, though the company originally stated they have no plan B if the Supreme Court rules against them
, now says they might be formulating a backup plan
(Aereo CEO Chet) Kanojia reiterated his optimism and lack of an action plan in case it’s misplaced. At the same time, however, he also suggested that Aereo could explore several alternate options in the case of a loss, including perhaps even paying some sort of retransmission fees to broadcasters. In other words, he’s at least given passing thought to a Plan B, without having actually formulated one.
Broadcasters have threatened to move broadcast channels to cable
if Aereo wins, but that's largely seen as an empty bluff intended to sway politicians to their cause (no football games over the air??, etc.).