FCC OKs Threshold for ATSC 3.0 Simulcast Waivers, Says No Transition Vacant Channels

The FCC issued the order wrapping up dangling aspects of ATSC 3.0 rules, as expected (see 2006050054). Stations with fewer than three potential simulcasting partners would be eligible to receive simulcast waivers, if they commit to taking reasonable efforts to provide ATSC 1.0 service during the transition. That could be by providing consumers with converters, but the order said the agency would consider other ideas. Waiver applications that include providing free converters to consumers will be looked upon “favorably,” the order said. The order doesn’t grant a blanket waiver to noncommercial educational or low-power TV stations, as some commenters sought. The order also doesn’t allow broadcasters to use vacant channels for the transition, and rejects reconsideration petitions of the 3.0 order from the American Television Alliance and NCTA. “If warranted by market conditions in the future, we may revisit the need for permitting broadcasters to use vacant channels as transition channels,” the order said. Commissioners Jessica Rosenworcel and Geoffrey Starks dissented in part, raising concerns about the costs passed on to consumers and the order’s lack of requirements that 3.0 patents be licensed on a reasonable and nondiscriminatory basis. That’s inconsistent with past policy, and in this case, “a single broadcaster holds the essential ATSC 3.0 patents and thus can set pricing and terms for any other broadcaster seeking to transition,” said Starks. Sinclair and affiliates are said to hold several 3.0 patents. “By failing to follow history here, FCC is conferring special status on those who hold key patents without requiring fair terms in exchange,” Rosenworcel said. Commissioner Mike O’Rielly voted to approve but said broadcasters should be able to self-certify they can’t find sharing partners. O’Rielly and both Democrats said they agreed with the decision to keep transitioning broadcasters off vacant channels. “This is clearly a premature matter that can be examined later, if absolutely necessary,” he said. The order said stations’ significantly viewed status doesn’t change while their 1.0 channel is being hosted by another broadcaster.