The current incumbents are indeed broadcasters - they broadcast on radio frequency spectrum their selection of episodes from a variety of shows. And yes, they have features similar to Netflix. No amount of logic dictates that such features offered by others automatically drags Netflix into the "broadcaster" categorization. Taking such logic further would bring bloggers into the "broadcaster" category should the incumbent broadcasters begin blogging themselves.

Each show is not "essentially the same" as a channel. A channel is a curation of related content (by the curator's definition of 'related.') Obtaining a collection of all episodes of a series and making them available for customers to play on demand is pretty much the opposite of curation, in my opinion.

So I'm still not seeing how Netflix is a broadcaster by any existing definition of the term.