FCC March Media Items Expected to Be Unanimous

Media items slated for Tuesday’s commissioners’ meeting -- on distributed transmission systems (DTS) for ATSC 3.0, the definition of significantly viewed, and revised program carriage rules -- are expected to be approved unanimously, FCC and industry officials told us. The agency’s COVID-19 meeting procedures include voting the meeting items on circulation (see 2003240057) by the meeting’s 10:30 a.m. start time. An official said eighth-floor offices were entering votes Monday on items that had completed the editing process. A spokesperson said deletion notices will be issued for any items adopted before the meeting -- “as we have said we expect them to be.” No media items are considered controversial.

The NPRM on relaxing rules for the DTS that broadcasters would use for 3.0 would seek comment on loosening restrictions on how much DTS signal is allowed outside a station’s authorized service area, whether those relaxed restrictions would apply to low-power TV, and how the proposals could affect other spectrum users. The NPRM stems from a petition from NAB and America’s Public Television Stations (see 1911130064).

New rules for DTS would “help immensely” with broadcasters’ shift to 3.0, said Anne Schelle, managing director of the Pearl TV broadcaster consortium, in an interview. The single frequency networks enabled by the rule tweaks for DTS make it easier for 3.0 signals to be received throughout a home or on a journey in a connected car, she said.

Microsoft expressed concern about how the DTS rule changes might affect white space devices (see 2003260042). Low-power TV worries it could be left out, Fletcher Heald LPTV attorney Peter Tannenwald told us. The proposed changes keep the onus on stations not to interfere with other signals, Schelle said. The original petition didn’t propose including LPTV stations in the rule change, but the draft NPRM seeks comment on that.

The draft NPRM on updating the rules on significantly viewed stations seeks comment on updating the method for deciding when a station is significantly viewed, and on whether Nielsen is an adequate source of data for the determination. Broadcasters and their lawyers said the current significantly viewed rules use metrics extremely difficult for broadcasters to meet in the streaming video era. Nielsen emailed the Media Bureau it will provide potential ways to address the concerns in formal comments, said a filing in docket 20-73. In a statement, Nielsen said it's “extremely confident” it can provide data to answer FCC questions.

The draft NPRM and Further NPRM (see here) on revisions to program dispute resolution rules are also likely to get unanimous approval without controversy, an official said. Not all commissioners are likely to issue statements on the item. Other drafts are here.

The item would seek comment on having program carriage complaint time limits start when an MVPD denied or failed to acknowledge a request for carriage or to negotiate for program carriage. It would have program access, open video system and good-faith retransmission consent complaints follow the same calendar so the triggering event would be denial or failure to acknowledge a request instead of a notice of intent to file a complaint. It would seek comment on changing the effective date and review procedures for administrative law judge initial decisions in program carriage proceedings.