The FCC should “move expeditiously” to relax broadcast ownership and require a mandatory transition to ATSC 3.0, said NAB CEO Curtis LeGeyt in a meeting Monday with FCC Commissioner Olivia Trusty, according to an ex parte filing posted Thursday in docket 17-318. “Each day that passes without reform further disadvantages broadcasters -- and ultimately the American public -- in a land of unconstrained non-broadcast media giants,” the filing said. Recent objections to NAB’s push for an ATSC 3.0 transition timeline and tuner mandate are “disingenuous and blatantly anticompetitive” and come from “certain players in the ecosystem that are clearly threatened by a competitive free video service available to consumers throughout the nation.” Local broadcasters “are striving to secure a future that is free, local, innovative, and resilient,” the filing said. “But doing so requires timely, forward-looking action from the Commission.”
Consumer Technology Association members are incentivized to oppose NAB’s proposed mandatory ATSC 3.0 transition because they own free ad-supported streaming television (FAST) channels, Pearl TV told acting FCC Media Bureau Chief Erin Boone and Media Bureau staff in an ex parte meeting last week, according to a filing posted Tuesday in docket 16-142. “TV manufacturers that own FAST channels today are competing with broadcasters for advertisers and viewers; consequently, it is not surprising that they too are incentivized to stifle broadcast innovation,” said the filing. Pearl also pushed back on arguments from the American Television Alliance that the agency lacks authority to require a transition to 3.0 that would involve broadcast spectrum being used primarily for datacasting and nonbroadcast activities. “Of course the Commission has authority after providing notice-and-comment to sunset one of its rules,” the filing said. “It seems hard to imagine that a party in 2025 could seriously doubt the Commission’s authority to sunset one of its rules.”
The FCC should “promptly” release an NPRM indicating its preliminary conclusions about an ATSC 3.0 transition date, said Pearl TV Executive Director Anne Schelle during a meeting last week with an aide to Commissioner Olivia Trusty. “Each quarter that passes without a definitive signal and an NPRM” from the FCC “increases the risk of extending the timeline” for the transition “by another year, as development and manufacturing processes are tied to seasonal and retail schedules,” said a presentation included with the ex parte filing in docket 16-142. Without an NPRM pointing to a date, “manufacturers are likely to adopt a wait-and-see approach,” Pearl TV said, adding that TVs have an 18-month development cycle. “All parts of the ecosystem -- from [consumer electronics] manufacturers to developers of converter boxes to retailers and smaller market broadcasters -- need the certainty of a set transition date and volume of devices to focus attention on the last stage of the transition to ATSC 3.0,” the filing said.
Fourteen groups signed a letter Thursday urging the FCC to reject NAB’s push for an ATSC 3.0 tuner mandate. The groups -- which include Digital Liberty, Americans for Tax Reform, the James Madison Institute and the Taxpayers Protection Alliance, as well as two individual signers -- said ATSC 3.0 already reaches three out of four Americans. “By any reasonable standard this is a success,” and broadcaster arguments that the 3.0 transition is in jeopardy without FCC intervention are “flimsy.” The agency “should maintain its voluntary, market driven adoption policy that has reached the vast majority of Americans, not embrace a mandate just to reach the small minority of markets broadcasters have struggled to penetrate,” the letter said. “While broadcasters operate under the strain of onerous regulations dating from the Second World War, new mandates on other technologies are not the solution.”
The FCC requiring a mandatory ATSC 3.0 transition would “emulate Soviet-era politicos” and amount to “blatant market meddling" for “dubious benefits,” wrote former FCC Commissioner and Free State Foundation Adjunct Senior Fellow Michael O’Rielly in a post Wednesday. O’Rielly compared broadcaster plans to generate revenue from their spectrum using ATSC 3.0 datacasting to “side hustles" and to “allowing mailmen to use U.S. postal trucks to deliver Christmas trees.” Even if a 3.0 datacasting business materializes, “remember that the government would be allowing broadcasters to leverage the spectrum that they use to offer these services for private gain and far afield from providing broadcast services to the public. Is this the best use of a scarce resource?” O’Rielly asked.
Public interest groups, MVPD groups and low-power TV broadcasters opposed to NAB’s petition for a mandatory ATSC 3.0 transition are “protecting their turf” rather than the public interest, said NAB Chief Legal Officer Rick Kaplan in a blog post Monday. Kaplan was responding to a June ex parte filing from the Consumer Technology Association, NCTA, ACA Connects, Public Knowledge, the Advanced Television Alliance and the LPTV Broadcasters Association, which said NAB’s request goes against both the public interest and the Trump administration’s push for deregulation (see 2505090060).
Proponents of the 5G broadcast standard for low-power TV haven’t adequately shown that the new standard won’t cause interference to other services, said Sinclair Broadcast and NAB in reply comments filed in docket 25-168 in response to a petition from HC2 (see 2506030060). The petitioner “has not submitted a detailed engineering analysis or a technical study demonstrating that LPTV stations can operate using 5G Broadcast without interfering with existing television services,” said Sinclair.
The elimination of federal funding for PBS stations would be a blow to the ATSC 3.0 transition, said commercial and noncommercial broadcasters and advocates for public TV stations and 3.0. The transition would survive the loss of PBS station participation, but removing it from the equation would affect the reach of 3.0 datacasting, emergency communications and the broadcast positioning system (BPS), commercial broadcasters told us.
The FCC Media Bureau’s move to seek comment on relaxing national broadcast ownership limits just a day after the confirmation of incoming Commissioner Olivia Trusty is an indication that the agency will act quickly to enact Chairman Brendan Carr’s agenda now that he has a majority, industry officials told us. That agenda likely “picks up some pace” in the next couple of months as Carr can move on items he couldn’t advance with a 2-2 FCC, said former Commissioner Mike O’Rielly. The FCC is likely to swear in Trusty as a commissioner on Monday or Tuesday, a former Republican FCC aide told us.
FCC Chairman Brendan Carr and Democratic Commissioner Anna Gomez were among many communications policymakers and stakeholders who congratulated Republican Commissioner-designate Olivia Trusty on Tuesday night and Wednesday. The Senate voted 53-45 Wednesday to confirm Trusty to a five-year term that begins July 1 (see 2506180076). It cleared her Tuesday to finish the term of former Democratic Chairwoman Jessica Rosenworcel, which ends June 30 (see 2506170072).