Broadcast Items Seen Likely to Be Approved Unanimously at FCC Thursday

Both broadcast items scheduled for Thursday’s commissioners' meeting, on ATSC 3.0 and the 40-mile limit for FM translators (see 1702020060), are expected to be approved unanimously, industry and FCC officials told us. The final version of a draft order that would do away with the 40-mile limit on locating an FM translator is expected to show little change from the version released by the FCC when it went on circulation, but the draft NPRM on ATSC 3.0 is still in flux, said an official. The final NPRM is seen as likely to include some questions on issues raised by the American Cable Association and American Television Alliance (see 1702140065), but not many other substantive changes, said broadcast and pay-TV officials.

If the ATSC 3.0 NPRM has been changed to incorporate suggestions from groups or other commissioners, it could be seen as an indicator of how receptive to possible edits Chairman Ajit Pai’s administration will be, said a pay-TV official. Since the previous commissioners' meeting included only one item, it didn’t provide much of a clue to how the Pai FCC will function, but Thursday’s meeting will be more robust, the official said. With several items on the agenda, it’s also possible some degree of “horse trading” could be occurring in the lead-up to the meeting, the pay-TV official said. Thursday’s meeting will be scrutinized for indications of how the Pai FCC will proceed, the pay-TV official said.

If the ATSC 3.0 item is changed to reflect pay-TV concerns, it likely will seek comment on how 3.0 will affect the carriage capacity of pay-TV providers, especially smaller ones. The NPRM probably also will include more specific questions about the new standard’s effect on retransmission consent negotiations, said industry officials. A broadcast official said the inclusion of such questions in the NPRM doesn’t mean the eventual order also would address those issues. NAB and Sinclair said the FCC doesn’t need to be concerned with capacity or retrans questions about 3.0 because the transition to the new standard is voluntary.

The draft order loosening location rules for FM translators is considered uncontroversial, said broadcast attorneys and an FCC official. A filing last week from the Prometheus Radio Project disagrees, arguing that language in the draft order could lead to translators interfering with low-power FM stations. “If not modified, the language in the Draft Order would magnify threats to the viability of incumbent Low Power FM (LPFM) stations,” Prometheus wrote. “The Draft Order could also lead to increased broadcast interference for LPFM listeners, preventing LPFM stations from serving their communities and undermining the goals of the Local Community Radio Act (LCRA).” Despite that letter, the translator item is still seen as unlikely to change much from the version Pai circulated, said broadcast attorneys and an FCC official.