It seems to me, in my relatively uninformed state, that simplification would be the right step here. OTA broadcasting holds a special place in the world of business for two reasons: (1) because it is dependent on the use of a public resource (the airwaves) for its operation and (2) because as a consequence of (1) it is required to serve the public interest. So therefore it seems that the law should boil down to the following: -Retransmission is defined as the redistribution of a linear audio/video signal (intended for local broadcast) in real time, with a reasonable delay to account for technology. It doesn't matter if it's over a wire, over the internet, rebroadcasting over the air, whatever. -Recording and playback past a reasonable time delay to account for technology is not retransmission, it's something else with its own laws, so we're not going to talk about that right now except to say that only the end user can record and playback, and only within fair use doctrines, unless allowed by contract. -If a company (cableco, satellite, Aereo) wants to send the whole signal to its customers without alteration, in other words without changing the commercials, adding overlays etc, then it should be allowed to do so for free, but if it does so it also cannot charge customers beyond the dead net cost of the technology required to do so. -If a company wants to charge for retransmission of local channels beyond the dead net cost of the technology, they have to pay a retransmission fee. -However, if the company and the broadcaster can't agree on a retransmission fee structure, the FCC shall have a right to impose a fee structure which it considers fair in order to keep the channel on the air; broadcasters do not have the right to black out local programming since it is considered necessary to serve the public interest. That's a lot of words but it's actually pretty simple, right?