Concerns about ATSC 3.0 encryption of broadcast signals are “overstated," said NAB in an ex parte filing and presentation to FCC Media Bureau Chief Erin Boone, who is also an aide to Chairman Brendan Carr. In the presentation, NAB urged the FCC to act quickly to require a transition to 3.0. “Viewers can still watch/record programming for free. A3SA [the ATSC 3.0 Security Authority] has adopted encoding rules to ensure this remains the case,” said one slide in the presentation. Concerns about encrypting broadcast TV have been raised in docket 16-142, and recently ATSC 3.0 device maker SiliconDust accused the A3SA of seeking to block independent device manufacturers (see 2507220075). “To the extent that discrete implementation questions remain, those issues can be appropriately and effectively addressed through the rulemaking process and should not be treated as a barrier to initiating the process,” NAB said. “Further delay only deepens regulatory uncertainty, slows manufacturer investment, deprives consumers of the full benefits of ATSC 3.0 and undermines the broadcast industry’s ability to compete in a rapidly evolving video marketplace.” An order from the FCC “is needed now, before content owners make decisions on long-term rights contracts and in time for manufacturers to make decisions about their 2027 product lines,” the filing said.
Opponents of NAB’s petition for a mandatory transition to ATSC 3.0 pressed their case with aides to FCC Commissioner Olivia Trusty in a meeting last week, according to an ex parte filing Monday. The Consumer Technology Association, Public Knowledge, cable trade groups and the LPTV Broadcasters Association said the FCC shouldn’t require a nationwide shift to ATSC 3.0. “If broadcasters are concerned about market demand for ATSC 3.0 tuners, they need to do their part in consumer education and promotion rather than seeking a technology mandate,” said the filing. “Stakeholders representing all aspects of the television ecosystem do not support NAB’s proposal. This Administration has prioritized regulatory reduction, and it would be counterproductive to adopt new mandates that decrease flexibility and increase costs.”
Pearl TV and the broadcast members of the ATSC 3.0 Security Authority (A3SA) are using encryption standards to box out independent device makers, and those standards should be made public, said DVR gateway device maker SiliconDust in an FCC filing Tuesday. It responded to a Pearl TV submission last week that attacked SiliconDust’s HDHomeRun device as containing parts from a company affiliated with Chinese chipmaker Huawei (see 2507180047). The FCC rules against including Huawei technology don’t apply to devices like the HDHomeRun because it doesn’t originate voice, data, graphics or video telecommunications, SiliconDust said. The company “does not provide sensitive technology to Chinese companies. The insinuation by Pearl is shameful.”
Consumer Technology Association CEO Gary Shapiro blasted broadcasters late Thursday for saying CTA members opposing ATSC 3.0 have a conflict of interest because they own streaming channels (see 2507150072).
Pearl TV pushed back on critics of ATSC 3.0’s use of encryption in an FCC filing Friday that said a popular DVR “gateway” device is blocked from receiving 3.0 broadcasts because it incorporates tech from Chinese company Huawei. Pearl’s claims about the HDHomeRun are “false,” said Nick Kelsey, president of SiliconDust, which makes the device. “We have zero association with the Chinese government. Proudly designed and developed in the United States of America.”
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.