Deny ATVA, NCTA Requests to Change ATSC 3.0 Rules, Broadcasters Say; WTA Seeks FCC Monitoring

Broadcasters and allies asked the FCC to leave as-is rules for the ATSC 3.0 switch, denying pay-TV requests to change requirements in what stations contend is a bid to alter retransmission consent and intellectual property precedent. American Television Alliance and NCTA petitions for reconsideration are seen unlikely to lead to changes to rules OK'd 3-2 allowing what stations call next-generation TV (see 1803060053). Meredith Corp. and Pearl TV were the only replies to the recon petitions in docket 16-142 Friday afternoon, with a filing later coming from NAB plus one from public broadcast groups. Also posted Friday, WTA reported telling Media Bureau officials it supports the ATVA and NCTA requests and the commission should at least "continue to monitor the market to make sure the transition is voluntary for distributors." NAB called the petitions for recons "airings of grievances," with it and Pearl saying no new concerns were raised. Broadcasters said the agency responded to opposition to a five-year sunset of simulcasting, concerns about allowing low-power TV flash cuts and to other criticism. NCTA asks the regulator to require reasonable and nondiscriminatory licensing of patents associated, NAB noted. The FCC didn't require such RAND licensing for 1.0 and the latest order noted ATSC requires such practices and the agency will "'monitor how the marketplace handles patent royalties for essential patents,'" the broadcaster association said. The 3.0 order "shows how a light regulatory touch can support innovation," said Pearl, with members including Cox Media Group, E.W. Scripps, Graham Media, Hearst Television, Meredith, Nexstar, Raycom and Tegna. Petitioners try to "lure the Government into increased regulation," and "re-hash arguments," the consortium said. On LPTV, it said of the rules, "rather than limiting them from participating in ATSC 3.0 altogether, it instead makes them excellent candidates for early transition as so-called 'lighthouse stations.'" Meredith said the switchover including for LPTV "is one of a handful of economic terms that will be decided in an arms’ length" retrans negotiations. With petitioner replies to opposition due April 23, NCTA declined additional comment, and ATVA declined to comment.