FCC Unanimously Approves ATSC 3.0 NPRM, FM Translator Order

The FCC approved unanimously an NPRM on ATSC 3.0 and an order relaxing location rules for FM translators at Thursday’s commissioners' meeting, as expected (see 1702210058). Commissioner Mignon Clyburn supported the NPRM on the new TV standard, but was critical of aspects of the document and said it didn’t do enough to show that TV consumers won’t have their service disrupted by the transition to ATSC 3.0.

“Despite being a voluntary transition, the NPRM fails to give consumers a defined commitment to maintaining 1.0 service, and instead punts this to a future proceeding,” said Clyburn. “Quite frankly, I still have many questions, and plenty of concerns remain, but I will support moving this proceeding forward, to allow a robust record to be built.”

With the NPRM approved, Chairman Ajit Pai said he hopes to have an order authorizing ATSC 3.0 as a final voluntary standard by year-end. “Working together, I hope we can issue a final authorization of this new standard by the end of the year so that American broadcasters can deliver to our nation’s citizens even more of the marvels of the digital age,” Pai said. Commissioner Mike O’Rielly said authorization of the final standard could occur “hopefully by Halloween.” The Pai and O’Rielly timetables were less aggressive than Sinclair had hoped. Perhaps the strongest broadcaster advocate for commercializing ATSC 3.0 sooner rather than later, the company said Wednesday it hoped the ATSC 3.0 rulemaking "process" at the FCC could be finished by "sometime this summer" (see 1702220018).

Though the final drafts of the ATSC 3.0 NPRM and order on FM translators weren’t released, Media Bureau releases and industry reaction suggest both items are very similar to the draft versions released earlier this month. The NPRM as expected seeks comment on allowing broadcasters to transmit in both ATSC 1.0 (the current standard) and 3.0 using simulcasting. It also incorporates numerous questions on how the new standard will affect pay-TV retransmission, carriage and capacity, said the bureau and industry associations.

The translator order as expected does away with the 40-mile limit for locating FM translators for AM stations. Such translators can now be located anywhere within the station’s contour, or if outside the contour within a 25-mile radius of the transmitter, the bureau said.

Early Test

The two items were the first in Pai’s pilot program testing the concept of sharing the full text of meeting items on circulation, and O’Rielly pointed out Thursday that releasing them early didn't cause the large problems predicted by the previous administration. “The world didn’t end,” O’Rielly said. Pai said he couldn’t draw any conclusions from one meeting under the pilot program, but said he would soon provide an update on the program’s next step. “Allowing the public to review the text of the item permits more efficient and focused feedback, which leads to better outcomes," said the American Cable Association in support of the process change.

Clyburn praised the NPRM for proposing that broadcaster public interest obligations such as video description apply to both a station’s ATSC 1.0 and 3.0 transmissions. She questioned how the new standard will affect pay-TV carriers, but the final item was praised by the and American Television Alliance (ATVA) for including numerous questions about pay-TV capacity, retransmission consent and carriage. “Asking such questions will lead to a more robust debate and, ultimately, a transition that works better for viewers, not just broadcasters,” said ACA.

One Media Executive Vice President Jerald Fritz said in an interview that he had no objection to such questions being in the NPRM but thought they would be more appropriately addressed in a later proceeding. Fritz said he was particularly pleased by comments from O’Rielly, who said any suggestions for “mandates governing a potential future transition” would be “premature.” O’Reilly also said future rules governing the standard should be “next to nothing,” a stance Fritz praised.

O’Rielly lauded Pai for including his ideas in the ATSC 3.0 NPRM, and Clyburn said some of her suggestions were incorporated. “Regrettably, questions I posed about consumer education, including whether there should be a plan developed by broadcasters, were not included in the final item,” she said. Having his suggested edits rejected from FCC final drafts was a frequent complaint from Pai when he was a commissioner. “Just as industry asks for and expects regulatory certainty, consumers want and deserve certainty from us, too,” Clyburn said.

NAB commended the FCC vote on the ATSC 3.0 NPRM, and AWARN Alliance Executive Director John Lawson praised the unanimity. AWARN, NAB and CTA filed the petition that triggered the ATSC 3.0 NPRM. “We also appreciate Chairman Pai and Commissioner Clyburn acknowledging advanced alerting as one of the key benefits of the new standard,” Lawson said. “Some broadcasters believe transitioning to ATSC 3.0 will advance their business interests,” ACA President Matt Polka said in a release. “ACA would not stand in the way of businesses investing their own funds to pursue their business interests. Such pursuits, however, should not come at the expense of consumers or other market participants.”

“The new standard holds tremendous promise,” said America's Public Television Stations CEO Patrick Butler. The NPRM “will provide for a robust discussion of the critical issues and help ensure that the proposed transition benefits all broadcast television viewers regardless of whether they receive those signals over the air or from a pay TV provider,” said an ATVA spokesman. “ATSC is pleased to see progress continue as the FCC seeks guidance on the addition of ATSC 3.0 as a technology that could be voluntarily utilized by broadcasters,” said President Mark Richer.

Pai, a persistent proponent of the recent and forthcoming FM translator windows, said the FCC has been hearing from those seeking new translators that the rules governing their location are too restrictive. “It will now be easier for AM stations to find a suitable location for their FM translators,” said Pai of the new order. “And that, in turn, will make it easier for AM broadcasters to serve their local communities, particularly at night.” Clyburn praised the order for making it clear that translators relocating based on the rule still need to protect nearby low-power FM stations from interference. “I will be watching closely to ensure our AM modernization efforts do not unintentionally undermine the phenomenal success story that is LPFM,” she said. “Broadcasters appreciate Chairman Pai’s leadership on the issue of AM revitalization, and we will continue working with him and Commissioners Clyburn and O’Rielly to strengthen the AM radio band," said NAB in a statement.