ATSC 3.0 Order on Vacant Bands, Simulcasts OK'd, Few Changes Seen on 3.0 Data Item

The FCC is expected to approve a draft declaratory ruling and NPRM on rules for ATSC 3.0 “broadcast internet” (see 2005180066) at Tuesday’s meeting with few changes. Commissioners already voted to approve a separate order that largely won't allow broadcasters to use vacant TV bands for the 3.0 transition but permits waivers of simulcast rules.

The latter order isn’t expected to be released before the open meeting, and stems from the 2017 ATSC 3.0 Further NPRM, broadcast industry and FCC officials told us last week. Industry officials aren’t sure of the vote count on either item, but some objections from the commissioner Democrats are possible. Commissioner Jessica Rosenworcel voted against the initial order authorizing the standard, raising concerns about the lack of backward compatibility and Sinclair's benefiting from the technology (see 1711160060). She was critical of a recent consent decree with the company (see 2005220056). The FCC didn't comment Friday.

The items set for the meeting are expected to largely resemble drafts, though the NPRM may contain some additional questions, an FCC official told us. The voted-on order from the 2017 FNPRM is expected to detail circumstances under which stations can seek a waiver of 3.0 simulcast rules that require a broadcaster to continue to broadcast a “substantially similar” stream of content in ATSC 1.0 even after transitioning to 3.0. Stations in many markets are expected to accomplish this by banding together to host each other’s channels, but in rural areas where sharing partners are scarce, the order will allow waivers, industry officials said.

The voted order mainly rejects broadcasters' calls to be allowed to use vacant TV bands for the transition, an FCC official said. It considers the simulcast waivers to be sufficient relief for broadcasters having trouble during the transition. It leaves open the possibility that broadcasters could eventually be allowed to use the bands if the transition runs into trouble, the official said. “Unlike the transition from analog to digital where the FCC gave broadcasters a second channel for 11 years, the deployment of ATSC 3.0 requires sharing of channels,” said Jerald Fritz, executive vice president-strategic and legal affairs at Sinclair-affiliated One Media. “That is a complex and slow process that would be boosted if broadcasters could have temporary use of other vacant channels in a market.”

The already approved order is also expected to address petitions for reconsideration filed against the 3.0 order by the American Television Alliance and NCTA, broadcast industry officials said (see 1803060053). In February, the Media Bureau noted action on the FNPRM and recon order was in the works (see 2002200064).

Michael Calabrese, director of the New America Foundation’s Open Technology Institute, said he’s concerned these proceedings on 3.0 and the one on allowing distributed transmissions systems amount to a spectrum grab by station owners. “We would hope that at a minimum, the FCC would not let them reserve or lease a vacant channel that isn’t actively being used as part of deploying ATSC 3.0,” he said.

Commissioner Brendan Carr has been a big booster of the 3.0 declaratory ruling, and he released a roundup of comments from industry supporting the policy Friday. “I welcome the support that a broad and diverse group of stakeholders have voiced for this decision,” he said, citing comments from America's Public Television Stations, CTA and others. “The critical importance of the Broadcast Internet services has never been clearer than today during the pandemic,” said APTS in an ex parte filing last week, “most profoundly in many homes unserved or economically underserved by broadband wireless services.” “We’re very much encouraged by the commission’s support for removing regulatory barriers and incentivizing datacasting,” said Fritz.

The new standard can enable new broadcast services near term like HD over-the-air TV and targeted advertising, but it also has big potential as a high-speed internet download pipe for such applications as broadcasting autonomous car data updates, Carr said Friday in a Wiley podcast. He said the ATSC item on this week's agenda, with its increased regulatory clarity, should also smooth the path to more private sector investment.