Earlier 700 MHz Auction, DTV Education Get McDowell Support

McDowell endorsed broadcaster efforts to tell the public of the looming DTV transition and industry steps to start high-definition radio multicasting on an experimental basis before getting final FCC approval. McDowell signaled a conviction that the FCC’s role isn’t to regulate broadcast TV violence or require that cable channels be sold individually. In a report for Congress now being reviewed by Commissioners, the FCC may avoid declaring whether it should set standards for TV violence, McDowell later told reporters: “The thrust of it will be, Congress needs to take a look.”

McDowell seemed to refract broadcasters’ constitutional concerns about regulating portrayal of violence. “We are looking at the First Amendment,” he told NAB: “How do we define what is violent? I think that will be a tough issue… Any item that goes to Congress will raise more questions than it answers.” Reprising recent comments by Comr. Tate, McDowell said parents must monitor kids’ TV viewing. TiVo’s KidZone and similar products make that task easier by helping parents block depictions of violence, he said. Technology to filter unwanted material seems preferable to govt. a la carte mandates, McDowell told reporters: “We're already living in a market-created a la carte world… in its early stages.”

Lauding industry DTV transition preparations, McDowell said the Feb. 17, 2009, analog cutoff should stand. “Anxiety” about the transition helps prevent complacency, he said. He likened the transition to the Y2K computer glitch

- as Tate did this week. Y2K caused no crises, and Feb. 18, 2009, won’t see viewers cut off from TV, he said: “I'm actually pretty optimistic… I think it will be a much smoother transition than some are expecting.” It’s too soon to start a massive public education campaign, because “everyone would forget about it by the time to buy converter boxes,” he said: “I think we need to stick to that deadline and get it done.”

In regard to another deadline -- Jan. 28, 2008 -- to start the 700 MHz auction, the FCC should open bidding as soon as possible, McDowell said, noting that the spectrum has excellent propagation qualities. The sooner the auction, the faster broadband deployment will be, and “there are a myriad of ways to use it,” he added: “We're going to try to let the market figure out how to do that.” McDowell wants the auction to start in Sept., he said: “These things always take longer than expected.” A faster auction also would mean telcos would have more regulatory certainty, he told us. Some who bought AWS spectrum auctioned last year want a later 700 MHz sale so they can “digest” their purchases, but he wants to press on, he added.

McDowell might back relaxing media ownership limits. The market forces broadcasters claim render such rules obsolete might be worth factoring into review of the XM- Sirius deal, he said. The 1975 broadcast-newspaper cross ownership rule does seem outdated, he added. “I have a hunch, and this may be kind of crazy, that it’s not 1975 anymore,” he said, to audience laughter: “It’s a highly competitive world.” Such competition may affect FCC review of the satellite radio deal, linked at least “tangentially” to review of media ownership rules, McDowell said.

Both proceedings likely will involve scrutiny of new technologies’ impact on media, McDowell said, noting that the FCC might be justified in reviewing XM-Sirius in the context of a media market beyond satellite radio. But broadcast media and new technologies may or may not compete with satellite radio, as XM and Sirius claim, he said. That question is among many he will have when the Commission reviews a merger application once the companies file it, he said. But FCC review of XM-Sirius and media ownership should be consistent, he said, “lest we be hoist… on our own petard.” NAB wants the satellite radio deal quashed on competitive grounds.

Terrestrial radio broadcasters will get an assist from 2 rulemakings under 8th-floor review, McDowell said. An oft- delayed FCC order to allow nighttime AM digital broadcasting and FM multicasting soon may get a vote at an agenda meeting, he said. A notice of proposed rulemaking asking whether AM stations should be able to use FM translators also is in the works, he said: “I think you all will be pleased with what’s in there… I hope we can get it out as soon as possible.”

WRHI-AM Rock Hill, S.C., Thurs. became the first U.S. station to boost its signal with an FM translator. Last week the FCC gave WHRI a waiver to expand service. Broadcasters credited Rep. Spratt (D-S.C.) with developing the idea with Comr. Copps and lobbying Chmn. Martin to give WHRI a waiver. WHRI co-owner Allan Miller “and I were told early on that the FCC would never grant such a request,” WHRI co-owner Manning Kimmel IV said: “But after the new Congress was installed, John got back onto this thing… It came as a surprise to us.”

Since getting the waiver, WRHI has put in a new antenna and transmitter and processing facilities to address “significant gaps in coverage,” especially at night, Kimmel said. Letting WRHI transmit on FM will help it keep providing good local coverage, he said. The FCC should let other stations do what it let WRHI do, Miller said: “I hope the NAB will continue the pressure they have on the FCC.” - Jonathan Make, Josh Wein