NAB proposed concessions to its request for relaxed ATSC 3.0 multicasting rules to expedite FCC action, in a meeting with Media Bureau Chief Holly Saurer and Media Bureau staff, said an ex parte filing posted in docket 16-142 Thursday. The FCC could limit lateral hosting arrangements -- where broadcasters host the multicast channels of another broadcaster as part of an ATSC 3.0 sharing arrangement -- “to markets where there are likely to be capacity considerations that may make lateral hosting more useful,” the filing said. NAB proposed limiting lateral hosting arrangements to markets that are hyphenated (such as the San Francisco-Oakland-San Jose market), already have channel sharing agreements, have multiple public TV stations, or have fewer than six full-power TV stations, because all of those situations lead to limited capacity for the ATSC 3.0 transition. NAB has been pushing the FCC since 2020 to relax multicast sharing rules to allow broadcasters more flexibility in transitioning markets (see 2011100067), and insisted in this filing there’s no reason for the agency to oppose the practice. “There is simply nothing in the record to support the idea that viewers would somehow be harmed by lateral hosting,” there “are no novel policy considerations associated with lateral hosting,” and “there is no basis in the record of this proceeding to prohibit or limit the use of lateral hosting arrangements,” NAB repeated.
The FCC should end the dual transmission requirement and create an FCC ATSC 3.0 task force to enable the agency to “effectively and efficiently focus” on the 3.0 transition, said NAB President Curtis LeGeyt and several broadcast CEOs in meetings with Chairwoman Jessica Rosenworcel, and Commissioners Geoffrey Starks and Nathan Simington Monday, according to an ex parte filing posted Thursday docket 16-142. Without FCC action and commitment to ATSC 3.0, the transition is “in peril,” said the broadcasters, including Nexstar CEO Perry Sook and Graham Media CEO Catherine Badalamente. “A stalled transition is threatening the future of the broadcast industry altogether,” said the filing, which says broadcasters need to be able to offer 4K to remain competitive, and can’t do so without 3.0. “As the transition continues to stretch out, broadcasters risk losing sports and other high-value content to pay-tv platforms that are permitted to employ more advanced technologies.” The broadcasters also asked the FCC commissioners “to demonstrate the agency’s commitment to ATSC 3.0” and support the transition. The agency should create a plan to end the requirement that 3.0 broadcasters also must transmit a 1.0 feed, the broadcasters said. A 3.0 task force “could draw on expertise from multiple offices and bureaus to attack problems as they arise” and “focus on our shared concerns about viewers losing access to television signals.” Rosenworcel has said consumers losing access to over-the-air TV signals is one of her primary concerns about ATSC 3.0.
President Joe Biden signed the Martha Wright-Reed Just and Reasonable Communications Act (S-1541) and Low Power Protection Act (S-3405) into law, as expected (see 2212220075), the White House said Thursday. Congress passed both measures just before Christmas. S-1541 lead sponsor Sen. Tammy Duckworth, D-Ill., hailed signing of her bill, which requires the FCC to factor industrywide average costs for telephone and advanced communication services, along with safety and security costs, in new correctional facility rate-setting cycles (see 2203220077). It will “help families stay connected with their incarcerated family members, reduce recidivism rates and save taxpayers’ money,” she tweeted. NAB CEO Curtis LeGeyt praised Biden Friday for signing S-3405, which requires the FCC to open a window to allow low-power television stations to upgrade to better-protected Class A status (see 2206220070). It "will allow these local broadcasters to better serve their millions of viewers by hiring more journalists, investing in new equipment and transitioning to the ATSC 3.0 standard," LeGeyt said. S-3405 lead sponsors now-former Sen. Roy Blunt, R-Mo., and Sen. Ron Wyden, D-Ore., in December lauded passage of their measure.
The FCC’s biennial 2022 Communications Marketplace Report’s video competition section lists the quadrennial review and ATSC 3.0 as focuses of FCC broadcast policy for the next two years and chronicles rising competition for broadcasters from online media, but it doesn’t indicate upcoming changes to the agency’s definition of the broadcast marketplace or MVPDs. “While the report is thorough in its coverage, it seems to miss some core dynamics of the local media advertising marketplace,” said BIA Advisory Services Managing Director Rick Ducey. “Local media are competing for all media spending. TV and radio stations don’t just compete with other stations, they compete with all other local ad-supported media.”
A Gray Television petition asking the courts to set aside the FCC’s $518,000 forfeiture order against the company (see 2211010077) suggests it's targeting agency policy rather than simply seeking to overturn the fine, attorneys told us. “The Commission’s Order is erroneous and improper for several reasons,” said Gray’s petition for review in the 11th U.S. Circuit Court of Appeals (docket 22-14274) last week.
The Advanced Television Systems Committee will demonstrate new set-top and USB ATSC 3.0 receivers and “upgrade accessory devices” at the Consumer Electronics Show, which runs Thursday to Sunday in Las Vegas, said an ATSC news release Tuesday. Broadcasters expect to launch 3.0 soon in Miami and Boston, the release said. ATSC 3.0 has been launched in 66 markets nationwide, the release said.
FCC commissioners and panelists at the Practising Law Institute’s Institute on Telecommunications Policy & Regulation Thursday outlined expectations for 2023 involving employment data collection, enforcement and the USF, but many speakers were focused on cyber and national security, such as compromised apps and obsolete devices. “It’s time to turn our attention to the millions of wireless devices in our country that are insecure,” said Commissioner Nathan Simington. “There’s an industry-wide acquiescence to careless practices.”
Broadcasters hosting other broadcasters’ ATSC 1.0 multicasts doesn’t create any harms for cable companies, said NAB in an ex parte filing posted Wednesday in docket 16-142 (see 2210040070). NCTA has said the FCC should allow the practice -- called lateral hosting -- only through a waiver process and require notice and comment for each application. NAB has been pushing for the FCC to affirmatively authorize lateral hosting to speed the ATSC 3.0 transition. “NCTA plainly has no meaningful interest in this aspect of the proceeding,” NAB said. The FCC’s role “should not be to indulge the NCTA’s obviously anticompetitive concerns but, rather, to lay the groundwork for success by providing broadcasters with as much flexibility as possible,” NAB said.
Broadcasters tout ATSC 3.0’s capabilities for disseminating detailed emergency information, but it’s not clear what form the standard’s advanced emergency information offerings will take and who will provide it, said participants at an Advanced Warning and Response Network Alliance roundtable event at NAB’s headquarters Wednesday. AWARN’s roundtables are intended to help determine what advanced emergency alerting is, said AWARN Executive Director John Lawson, who's also the president of ATSC 3.0 alerting firm America’s Emergency Network.
MVPD and telecom groups don’t agree with broadcasters on the practicality of revamping the FCC’s regulatory fee system, said reply comments filed in docket 22-301. NAB, a group of 57 smaller broadcasters and nearly all state broadcast associations filed replies in support of proposals from NAB and the Satellite Industry Association to rethink how the FCC parcels out the fees, but the Wireless ISP Association, NCTA and CTIA panned the idea. “The proposals of NAB and SIA are self-serving, impracticable, and would be unmanageable,” said NCTA.