Broadcast Writer

by Vicki W. Kipp May 7, 2023

Comments on FCC Docket No. 16-142: Authorizing Permissive Use of the “Next Generation” Broadcast Television Standard

by Vicki W. Kipp 10/01/2022

The FCC requested comments on their Third Report and Order Notice of Proposed Rulemaking Authorizing Permissive Use of the “Next Generation” Broadcast Television Standard GN Docket No. 16. The comment period ended on September 7th. Thirty-nine comments were submitted to the FCC. Most commenters urged the FCC to let the “substantially similar requirement” sunset in July 2023 and to keep the ATSC 3.0 transition moving forward. (Comments)

The FCC asked three questions.

Should the requirement for substantially similar programming content on ATSC 3.0 and 1.0 be allowed to expire in July 2023?

Yes 19,

No 5 (pay-TV companies),

NA 15

Should FCC control patents for NextGen technology?

Yes 2 (pay-TV cable companies)

No 15 (equipment manufacturers)

NA 22

Should the FCC drop the requirement for NextGen receivers to comply with the A/322 standard?

Yes 3 (Manufacturers like (LG, Airwav.tv Receivers, Sinclair ONE Media),

No 11 (may delay NextGen Rx production)

NA 25

To me, Pearl TV’s comment was among the most realistic and relevant submissions. Pearl TV opens with, “the market-driven and broadcaster-led transition to ATSC 3.0 is off to a great start, but the Commission needs to do more to help the industry meet the challenges ahead.” They go on to say, “the time is ripe for the Commission to begin considering how and when the television broadcast industry will fully convert to ATSC 3.0, an essential regulatory step, particularly for spectrum-constrained markets where limited options for simulcast hosting arrangements will hinder the full deployment of ATSC 3.0.”

Pearl TV identifies the known ATSC 3.0 host station limitations, saying, “In the medium and long term, moving the transition forward on a voluntary, market-driven basis will become more difficult in the absence of some form of regulatory relief as limited spectrum and infrastructure constrain the pool of viable simulcast hosts.”

Pearl TV further explains how even if broadcasters can get carriage on an ATSC 3.0 lighthouse, the lighthouse has very few options for which stations can simulcast their 1.0 station that will meet the stringent requirement for a 95% population coverage match. In my opinion, this requirement makes it hard for stations who have the largest coverage patterns in a market to qualify with the FCC to be an ATSC 3.0 lighthouse.

Pearl TV explains, “Due to the requirement that broadcasters simulcast their 1.0 and 3.0 streams and that 1.0 simulcasts cover at least 95% of the existing viewer base, there are only so many facilities that can conceivably serve as host stations. And each time broadcasters launch 3.0 service in a new market, the list of viable host facilities shrinks correspondingly.”

NAB submitted a comment that could make it easier to create acceptable ATSC 1.0 channel-sharing agreements. NAB proposed that the “FCC should allow ATSC 1.0 lateral hosting.” If lateral hosting were allowed, ATSC 1.0 stations who are hosting an ATSC 3.0 simulcast would have the ability to offload some of their own ATSC 1.0 streams to other ATSC 1.0 stations in the same market to ease bandwidth constraints. Some stations are more accepting of high bitrate compression than others and more flexible with their bandwidth than others.

America’s Public Television Stations (APTS) commented on their difficulties meeting the 95% population coverage match requirement for partnerships that focus on a DMA’s population centers. APTS commented that “PTV stations serving rural areas and statewide networks of PTV stations (sited to provide service based on state lines rather than DMA boundaries) cannot readily meet the FCC’s simulcast requirements…”

In my opinion, the end of the FCC’s substantially similar requirement will have limited impact on broadcasters. It would merely allow for different content on ATSC 1.0 and ATSC 3.0 after July 2023. The FCC still requires broadcasters to simulcast ATSC 3.0 on ATSC 1.0, even if the content differs.

Most broadcasters commented that even if the substantially similar requirement sunsets in July 2023, they will still air the same content on ATSC 1.0 and ATSC 3. They don’t want to lose their ATSC 1.0 audience.

Several broadcasters requested an end date for the ATSC 1.0 simulcast requirement. However, the FCC has not given an end date for ATSC 1. To me, the more impactful question is when will the FCC requirement for ATSC 1.0 simulcast go away? When can ATSC 1.0 transmitters choose to shut down?

Currently, the FCC is missing one commissioner. The FCC is currently evenly split with two Democrats and two Republicans. The tiebreaker commissioner has not been approved by Congress. I don’t expect big changes from the FCC until they once again have five commissioners.

Acknowledgments: My thanks to Tom C. Smith for showing me how to access the incoming FCC comments.