ATSC 3.0 Recon Petition Is Procedurally Correct, MVPD Groups Say

Broadcasters’ procedural objections to the American Television Alliance’s petition for reconsideration against the FCC ATSC 3.0 order aren’t valid (see 1804130044), said MVPD groups in replies posted Tuesday in docket 16-142. Though broadcasters argued the ATVA arguments are a rehashing of points already raised during the 3.0 rulemaking, NCTA disagreed. The FCC never specifically sought comment on whether it should sunset “substantially similar” provisions in five years even if no broadcasters had yet started transmitting in 3.0, NCTA said. The petition is legitimate because the 3.0 order contains “material error,” in that it doesn’t sufficiently address MVPD concerns about issues like retransmission consent, ATVA said. Broadcasters using retrans negotiations to pressure MVPDs into carriage of 3.0 is a harm that “can hardly be considered speculative,” said NTCA and WTA. “The Rural Associations agree with the Petitioners that the Commission should reconsider its decision not to order that ATSC 1.0 and 3.0 signals be negotiated separately."