Digital Television : Broadcast Law Blog

Posted on April 18, 2013 by David Oxenford

Aereo Court Decision Permits Internet Streaming of TV Programs Without Royalties - Undermining the Public Performance Right?

We’ve written extensively about copyright issues for audio services, but the big copyright decision that recently made headlines is a TV issue, though one that could have an impact on audio as well. That was the Second Circuit decision in the Aereo case – upholding a lower court decision allowing a company to retransmit over-the-air TV signals to consumers over the Internet – without any royalties to the TV broadcasters or television program producers. The decision looked at the issue of what defines a “public performance” that would require the consent of the copyright owner. The Court found that there is no public performance of television programming where the service is set up so that the programming is streamed to the viewer individually, at their demand, rather than transmitted all at once to multiple consumers – as by a cable system or a satellite television service. The decision is a controversial one – decided by a 2 to 1 vote with the dissenting judge issuing a strong dissent arguing that the Aereo service was nothing more than a “sham” designed to evade the royalty obligations or copyright permissions that would be necessary if the service were deemed a cable system or other type of multichannel video provider. What does this decision really mean for television stations, and could it have broader implications for the reuse of all sorts of broadcast content on the Internet?

The decision focused on the question of whether the Aereo service “publicly performs” the programming that it sends to its subscribers. Under the Copyright Act, a copyright owner has a bundle of rights which it has the exclusive ability to exploit. This includes the right to copy the copyrighted work, to distribute it, to make a “derivative work” (a work that uses the copyrighted material and changes it in some way - like putting new words to the melody of a copyrighted song), and the right to publicly perform it. The definition of a public performance includes any transmission or retransmission of a performance to multiple individuals at the same time or at different times. This language was added to the Copyright Act at the time of the advent of cable television, to make clear that services like cable, that take an existing performance (like that of a broadcast television station) and then further transmit it to other people (even people who could theoretically pick up the original performance) were themselves making a public performance that needed the consent of the copyright holder or a government-imposed statutory license (which allows the performance as long as the party making the performance pays the copyright holder an amount set by the government). From a cursory look, it would appear that Aereo is retransmitting the signal of the TV station to all of its customers. Why, then, did the Court rule that no public performance was involved?

Tags: Cable Carriage, Digital Television, Intellectual Property, Internet Video, Music Rights, On Line Media, Television, Website Issues, aereo decision, public performance

Posted on April 6, 2013 by David Oxenford

FCC Imposes Freeze on Television Station Technical Improvements - Preparing for Repacking the TV Spectrum to Allow for Spectrum Auctions

With broadcasters making their way to the NAB Convention in Las Vegas, the FCC on Friday provided one topic for conversation among TV broadcasters – issuing a Public Notice imposing a freeze – effective immediately – on the filing of any technical application by any licensee or permittee of a full power TV station or a Class A station if that application which would increase their protected service area. The freeze was imposed, in the words of the FCC, in order to “facilitate analysis of repacking methodologies and to assure that the objectives of the broadcast television incentive auction are not frustrated.” In other words, the FCC wants a stable TV database from which it can begin the process of repacking TV stations into a smaller portion of the TV spectrum to facilitate the auction of parts of the TV spectrum recaptured after an incentive auction for wireless broadband purposes.

According to the notice, the Media Bureau will no longer accept the following types of applications:

· Modification applications (and amendments to pending modification applications) by full power and Class A television broadcast licensees and permittees for changes to existing service areas that would increase a full power station's noise-limited contour, or a Class A station's protected contour, in one or more directions beyond the area resulting from the station's present parameters as represented in its authorizations (licenses and/or construction permits).

· Class A displacement applications that would increase a station's protected contour. (However, the Bureau will continue to accept Class A minor change applications to implement the digital transition (flash cut and digital companion channel) subject to current rule limitations.

The Notice states that the Bureau will consider requests for waivers of the freeze, on a case-by-case basis “when a modification application is necessary or otherwise in the public interest for technical or other reasons to maintain quality service to the public, such as when zoning restrictions preclude tower construction at a particular site or when unforeseen events, such as extreme weather events or other extraordinary circumstances, require relocation to a new tower site.” So, if your tower collapses and you need to move to a different site, a waiver may be possible, but improvements for the sake of improving a station’s signal will most likely be prohibited by the freeze.

Tags: Broadband Report, Digital Television, TV freeze, Television, incentive auction, repacking of TV spectrum, repurposing of TV spectrum for broadband

Posted on January 22, 2013 by David Oxenford

February Legal Deadlines for Broadcasters - Online Public File, Review of Incentive Auction Comments, Filing Deadline for FM Auction, and Lots of Renewals and EEO Public File Reports

February is almost upon us, and it brings a host of regulatory obligations for broadcasters – as well as the filing deadline for those interested in pursuing new FM channels in an upcoming auction, and a number of opportunities to comment on important FCC proceedings. The week before last, TV NewsCheck published our latest quarterly update on the regulatory issues facing television broadcasters – and these include several with February dates. Most importantly (at least in the short term), there is the obligation for television broadcasters to upload to their Online Public Inspection file all documents created before the August 2 effective date of the rules (but for documents relating to political broadcasting). So documents that had been kept in paper – like Annual EEO Public Inspection File Reports and Quarterly Issues Programs Lists – need to be in the Online Public File by the beginning of the month.

In the longer term, while not due in February, comments to be filed this Friday (January 25) on the television incentive auction process, will need to be analyzed in preparation for the Reply comments due on March 12 in this most important proceeding which may well define the composition of over-the-air television in the coming years. Comments on the FCC proceeding on expanding the information gathered in the Form 323 Biennial Ownership Reports are also due in February – just in time for Valentine's Day on the 14^th.

Tags: Broadband Report, Broadcast Auctions, Digital Television, EEO Compliance/Diversity, General FCC, License Renewal, Public Interest Obligations/Localism, Television, auction for FM stations, incentive auction, online public inspection file, renewal applications

Posted on December 12, 2012 by David Oxenford

Compliance Deadline for CALM Act December 13 - FCC Allows Waiver Filings Until that Deadline

The CALM Act, meant to end the dreaded "loud commercial," is set to go into effect tomorrow, December 13. We summarized the requirements for compliance with the Act here. Basically, TV stations must adopt certain practices set out in a series of standards known as A/85 Recommended Practice, adopted by the ATSC (the Advanced Television Standards Committee). As we advised stations, the rules initially required any station needing more time was supposed to ask for a waiver of the rules by October 12. In an Order released on Tuesday, the FCC granted two waivers, and also decided that any other station needing more time could request a waiver as late as the compliance deadline date.

In the order, the Commission granted two waiver requests - one for just a month and a half as the cable system simply had a misunderstanding of what they needed to do to achieve compliance, and the second until the end of May because a TV station was in the middle of a studio move, and promised to install the new compliant equipment at the new studio. The Commission also reminded stations that there are two kinds of waivers available – automatic waivers, upon request, for small stations (those with under $14 million in annual revenue or in a TV market from number 150 to market 210) and small cable systems; and other waivers for stations facing specific problems, including financial hardships. Those who do not qualify as small stations would need to demonstrate the specific hardship justifying the waiver. So any stations or systems seeking a waiver have a last chance to do so, by Thursday.

Tags: Advertising Issues, CALM Act, Digital Television, Television, loud commercials, volume of TV commercials

Posted on October 10, 2012 by David Oxenford

CALM Act Waiver Requests Due By October 12

This Friday (October 12) is the deadline for requesting a waiver under the FCC’s Commercial Advertisement Loudness Mitigation (“CALM”) Act implementing procedures, intended to combat "loud commercials." We wrote about the implementing rules and the obligations of television stations to come into compliance with the standards set out in the rules, adopting a protocol that seeks to maintain consistency between commercials and surrounding programs, here. The Commission’s order allowed for waiver requests by stations that would have a financial hardship in complying – with such waivers being due 60 days before the compliance deadline. As that deadline for compliance is December 13, the waiver requests are due on Friday.

All such waiver requests must be submitted through the FCC’s Electronic Comment Filing System. Waiver applicants must demonstrate that purchasing the required equipment would result in “financial hardship.” Such waivers, if granted, will be valid for one year and may be renewed for one additional year. The FCC also retains the authority to issue a waiver for good cause. “Small stations” are eligible for a streamlined waiver process for demonstrating financial hardship.

Tags: Advertising Issues, CALM Act, Digital Television, Television, loud commercials

Posted on September 23, 2012 by David Oxenford

FCC To Consider Incentive Auctions for TV Spectrum This Week

The FCC has released its agenda for its September meeting, and it is an important one for television broadcasters. On the agenda for the meeting to be held this Friday, September 28, is a Notice of Proposed Rulemaking to seek comments on its proposals to implement the Congressional authority to hold incentive auctions to clear part of the television spectrum so that the spectrum can be used for wireless broadband purposes (see our summary of the legislative authority here). Obviously, this will decision will be important for the television industry, as well as for companies looking to deploy additional wireless broadband and those hoping to reach consumers using wireless broadband.

This proceeding will necessarily be very complex, as it will need to design a system that will take into account many moving parts. First, it will need to take bids from those television stations that are willing to turn in their licenses, or to share spectrum with another station or move to a VHF channel – all of which might qualify the station for compensation. While keeping these bids secret, the Commission must also take bids to buy the cleared spectrum from wireless companies. The Commission needs to determine if enough money will be received from these bids to pay for stations to turn in their licenses, to repack the remaining TV stations into a smaller television band that will free some television channels to allow for a contiguous swath of spectrum that the wireless operators can use, to pay the auction costs, and to pay for certain public safety wireless uses that are to be subsidized by the auction proceeds. The Commission will also have to design a process for repacking TV stations into a smaller television band, in many ways replicating the process that the FCC went through when it compacted the TV spectrum during the digital transition.

Tags: Broadband Report, Digital Television, Television

Posted on August 14, 2012 by David Oxenford

Questions and Answers About the TV Online Public Inspection File

The Online Public File for television stations is now a reality. While appeals of the imposition of the rules remain pending, both the FCC and the US Court of Appeals denied stays of the August 2 effective date for the new requirements, so full-power and Class A television stations should now be complying with the new obligations to maintain their public files online. The Online Public File is hosted by the FCC, and uses the FCC’s newly created system for uploading, storing and accessing the documents. So far, the system seems to be functioning with a minimum of problems, though one or two glitches have been reported here and there.

Documents that stations file with the FCC are supposed to be uploaded to the Online Public File automatically by the FCC, so individual stations do not need to worry about importing them into the new system. We have heard that this may not have occurred in every instance, so stations should check their files to be sure that the proper uploading has in fact occurred. Other documents will need to be uploaded by the stations themselves, and stations will also be responsible for maintaining and monitoring the file, and deleting documents when their retention is no longer required.

Just what are the requirements for the new online public file? The FCC has put out its own Frequently Asked Questions, available here. There are many other questions that will no doubt arise over time. We have tried to do our own summary of the obligations as we know them in the answers to common questions that we are getting about the obligations under the new rules. Those questions and answers are set out below.

Tags: Digital Television, Political Broadcasting, Public Interest Obligations/Localism, Television, annual EEO public file report, online politcal file, online public inspection file, quarterly issues programs lists

Posted on May 10, 2012 by David Oxenford

FCC Asks for Comments on Whether OTARD Rules Should Limit Local Zoning Authority Restrictions on TV Antennas and Other Reception Devices in Common Areas

The over-the-air reception of television stations has taken on heightened awareness in recent years. In the regulatory world, this prominence comes from the FCC's consideration of taking back some of the broadcast spectrum for use by wireless broadband based at least partially on the Commission's belief that broadcasters are not using that spectrum efficiently as many viewers,over the last few decades, receive their TV programming from satellite and cable providers. At the same time, there have been more articles in the press and anecdotal stories about the new importance of over-the-air reception as people "cut the cord', getting their video programming from some combination of over-the-air TV and the Internet. Regardless of the truth of either perception, since the conversion to digital, issues about TV antennas have become more important as, in many places, an outdoor television antenna is necessary (or preferable) for decent over-the-air DTV reception. One issue that many television broadcasters have overlooked is that of OTARD - the FCC rules on over-the-air reception devices. As we wrote here, these rules have been interpreted to significantly limit the ability of landlords and local governments to adopt zoning rules or restrictive land-use policies forbidding outdoor TV antennas or small satellite dishes for the reception of video programming. This week, the FCC asked if the restrictions on local authorities should also apply to common areas of housing complexes.

The rules have traditionally been applied to restrict limitations on antennas and small dishes on property owned by the party wanting to make the installation, or property leased by that party and even to common areas under the exclusive control of the lessee (like the portion of a driveway or parking area reserved for use by the tenant). The FCC has allowed landlords and tenants associations to restrict the placement of OTARD devices in common areas not subject to tenant control. But the FCC has not addressed whether local government authorities can restrict the location of antennas and dishes in these common areas. The Satellite Broadcasting and Communications Association and DISH and DirecTV have asked the FCC to rule that, under OTARD rules, local authorities can't pass laws restricting the location of TV antennas and small dishes in these common areas, reasoning that if the owners of the land don't care, government should not be able to restrict the use of reception devices there, just as the government can't restrict the installation of these reception devices on property under the control of a tenant or home owner. This week, the FCC asked for comments whether the OTARD rules should apply to government restrictions over TV reception devices in these common areas. Comment are due on June 7. Reply Comments are due on June 22.

Tags: Digital Television, OTARD, Television, Tower Issues, cutting the cord, over the air reception device, restrictions on home antennas, zoning restrictions on TV antenna

Posted on May 1, 2012 by David Silverman

FCC Authorizes TV Channel Sharing in Preparation for Spectrum Auctions

The FCC has released the text of its Report and Order adopted last week, authorizing full power and Class A TV stations to share spectrum as part of the band clearing process for future wireless broadband spectrum auctions. This action was authorized by Congress in the Spectrum Act, which became law in February as part of the Middle Class Tax Relief and Job Creation Act of 2012. We summarized the Spectrum Act in a previous blog available here.

The Report and Order allows full power and Class A TV stations to enter into agreements whereby two stations will share one six MHz channel, thereby allowing one station to return its existing channel to the FCC for cancellation and availability in the upcoming spectrum auctions. Presumably, one six MHz channel is sufficient bandwidth to support two HD channels. In the Notice of Proposed Rulemaking for this proceeding, the FCC said it would let the sharing stations decide how much bandwidth each station would get.

The station giving up its channel would be entitled to compensation in the so-called "reverse auction" to be held by the FCC, subject to receipt of compensation deemed acceptable by the licensee. Presumably, that compensation would be shared with the station giving up part of its 6 MHz band to allow the two stations to share that bandwidth. The amount of compensation each station would get would likely be determined in their sharing agreement.

Tags: Broadcast Auctions, Class A LPTV, Class A television, Digital Television, Low Power Television/Class A TV, Television, cable carriage of television stations, class A TV, low power TV, sharing of TV channels, spectrum, spectrum auctions, spectrum reallocation, spectrum sharing, television incentive auctions

Posted on April 9, 2012 by David Oxenford

On the Schedule for the April 27 FCC Meeting: Television Public Interest Obligations, TV Channel Sharing and Third-Party Fundraising by Noncommercial Broadcasters

Three broadcast items are tentatively scheduled for the next FCC meeting, to be held on April 27, according to the tentative agenda released today. In one expected action, though perhaps moving more quickly than many thought possible, the FCC has indicated that it will adopt an Order in its proceeding requiring TV broadcasters to place and maintain their public files on the Internet. A second broadcast item will adopt rules for channel sharing by TV broadcasters as part of the plan for incentive auctions to entice TV broadcasters to give up some of their spectrum for wireless broadband use. Finally, the FCC proposes to adopt a NPRM on whether to amend current policies so as to permit noncommercial broadcasters from interrupting their regular programming to raise funds for organizations other than the station itself.

The first item is to determine whether to require that the broadcasters maintain an Online Public Inspection File, is a controversial issue about which we wrote last week. The proposal for the online file grew out of the FCC's Future of Media Report (renamed the Report on the Information Needs of Communities when it was released last year, see our summary here). In that same report, it was suggested that the FCC relax rules applicable to noncommercial broadcasters that limit their on-air fundraising for third-parties, if that fundraising interrupts the normal course of programming. The Future of Media Report suggests that this restriction be relaxed so that noncommercial broadcasters be able to do block programming from time to time to raise funds for other noncommercial entities

Tags: Broadband Report, Digital Television, Form 355, Noncommercial Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Television, online public file, public inspection file, public service programming, repurposing of TV spectrum for broadband, spectrum reallocation, third party fundraising by noncommercial stations

Posted on April 3, 2012 by David Oxenford

FCC Moving Toward the Auction of TV Spectrum for Wireless - More Class A Stations To Lose Protection and No Full Power Move-Ins to Major Markets

While the FCC has not yet started a proceeding to set rules for the auction of television spectrum for broadband purposes, the Commission is taking steps to clear the spectrum in other ways. Two weeks ago, we wrote about the FCC's actions proposing to remove the Class A designation from certain LPTV stations that had not met their children's television obligations. Since then, the FCC has gone further - proposing to take away Class A status for stations that had been off the air for significant periods of time - even with FCC permission as, according to the FCC, they could not have met the requirement for Class A TV stations that they must provide significant local programming each week (see FCC releases here, here and here, all proposing the termination of Class A status for stations that had been off the air for much of the last two years). Given that Class A stations are as protected in the same way as a full-power TV station from being permanently displaced by the FCC in any spectrum clearing for broadband, the loss of Class A status may well deny these stations a place on the dial after any repacking of the TV band to accommodate a spectrum auction, or they may not be able to receive any share of the proceeds from any incentive auction that would be available to a Class A station that decided to turn in its license in exchange for compensation from auction proceeds.

In another decision released this week, the FCC denied the request of a television station to move from Hagerstown Maryland to a close-in Washington DC suburb. While part of the basis for the denial was perceived procedural issues, the FCC also specifically stated that "the Commission's priorities no longer support such a move" of a station into a Top 10 market while it was considering the consolidation of the TV band to clear parts of it to be auctioned for broadband. So it appears that, for the foreseeable future, there will be no move-ins of rural TV stations toward any major market.

And don't expect to get any slack for rule violations by a Class A TV station, as it seems clear that the FCC is looking to clear the TV band, to the extent possible, to make its job in the incentive auction easier (see this $13,000 fine for a Class A TV station that did not have all required children's television reports in its public file). With license renewal coming up for TV stations starting in June, TV stations, especially Class A stations, need to make sure that there houses are in order, as the FCC certainly will be looking carefully.

Tags: Broadband Report, Class A television, Digital Television, Low Power Television/Class A TV, Television, children's programming reports, class A TV, reallocation of TV spectrum for wireless broadband, repacking of TV spectrum

Posted on February 20, 2012 by David Oxenford

Congress Authorizes FCC Incentive Auctions to Clear Part of Broadcast TV Spectrum for Wireless Broadband Users - The Details of the Legislation

Congress finally has given to the FCC authority to conduct spectrum auctions to reclaim parts of the TV spectrum for wireless users, and most DC-based industry associations, including the NAB, have reacted favorably. For a process that was so controversial, this seems like a very favorable result. Television stations, in particular, will have much relief from concerns about the forced-reallocation of their operations to less favorable spectrum. While most trade press reports have reported on these statements and the very general outlines of the legislation, few have looked closely at the provisions that apply to the broadcaster auctions. Just what do they provide?

The auction provisions were adopted as part of the legislation that just extended the Social Security payroll tax deduction rollbacks, extended unemployment benefits, and fixed certain limitations that had arisen on Medicare reimbursements to doctors. All these benefits needed offsetting revenues to avoid unduly increasing the Federal deficit, and the one seemingly easy place to “find” money, was through spectrum auctions. So Congress ordered the President to identify certain Federal spectrum that could be made available for wireless users, and also authorized the FCC to conduct auctions of broadcast spectrum, but under the very specific guidelines set out below.

Tags: Broadband Report, Broadcast Auctions, Digital Television, TV spectrum for wireless, Television, incentive auction, spectrum reallocation, taking television spectrum for wireless, wireless broadband, wireless devices in the television spectrum

Posted on February 12, 2012 by Brendan Holland

Numerous Small Television Producers Seek Waiver of FCC Closed Captioning Rules

In the wake of Commission's rejection of hundreds of closed captioning waivers last year, many small television producers are now seeking new waivers for relief from the Commission's television closed captioning rules. Last October, the Commission overturned nearly 300 "economically burdensome" captioning waivers on the grounds that the FCC had failed to apply the correct standard of review and had failed to follow the proper procedure for considering the requests on a case-by-case basis after public comment. (See our earlier posting here for further details about the Commission's October decision.) Since that decision, over 150 new waiver requests have been filed with the FCC, with most of them coming in the past month or so. The vast majority of these waiver requests have been filed by very small program producers who assert that requiring closed captions for the television program they produce would be economically burdensome. These waiver requests often involve religious programs, local real estate shows, and local sports or entertainment programs. Consistent with FCC's October clarification, the Commission's Consumer and Governmental Affairs Bureau is releasing Public Notices soliciting comment and input on each waiver request. So far, the Commission has issued 14 such public notices in the past few days. An example of one such notice is available here. Once the particular request is put out for public notice, interested parties will have 30 days to file comments or oppositions with the FCC. The recent public notices are careful to instruct parties to file comments or oppositions with the Commission in paper. Any comments or oppositions sent via email will not be considered part of the official record.

The Commission's October decision clarified the proper standard to be applied when considering a request for waiver of the television closed captioning rules on the basis that compliance would be economically burdensome. Although that decision confirmed that the bar for obtaining a captioning waiver is rather high and requires a thorough and well-supported showing, most of the recent waiver requests that have been filed in the past month or two are very short and lack supporting documentation. Given the large number of such small television program producers, it is likely that many similar waiver requests will continue to be filed in coming weeks. But as many of the recent waiver requests appear to lack the proper supporting documentation and detailed showing that the Commission expects, it seems that many of these requests for waiver of the captioning rules are destined to fail. In fact, many of the requests appear to consist of little more than a letter to the FCC stating that compliance would be impossible and asking that the Commission waive the captioning requirement. As the Commission is just starting to solicit comments on these waivers and to consider the requests, decisions are at least a month or two away. If small program producers do not have the ability to caption their shows on their own and cannot obtain a waiver of the Commission's rules, then they will either need to find additional sponsorship to defray the costs, convince a television station or cable operator to assist with the costs, or else cease producing the program. We will continue to track the FCC's consideration of these waiver requests and will provide future updates.

Tags: Digital Television, Programming Regulations, TV captioning, Television, captioning rules, captioning waiver, closed captioning rules

Posted on January 13, 2012 by Ronald London

FCC Releases Final Rules on Closed Captioning for IP-Delivered Video Programming

This afternoon, the FCC released its long-anticipated Report and Order (R&O) setting forth the Commission’s new closed captioning rules for IP-delivered video programming, pursuant to the 21st Century Communications and Video Accessibility Act (CVAA).

As we explained when the rules were first proposed in September, the CVAA directed the FCC to establish how and when certain IP-delivered video programming must be captioned, as well as the closed captioning capabilities for devices used to view video programming. The R&O adopts closed captioning requirements for owners, providers, and distributors of IP-delivered video programming; a safe harbor technical standard and delivery format for IP video captions; a staggered compliance schedule; complaint rules; and requirements for manufacturers of devices used to view the video programming at issue.

We are currently reviewing this comprehensive rulemaking, and will post our in-depth review next week, both here and on our DWT Advisories page.

Tags: Digital Television, General FCC, Internet Video, On Line Media, Programming Regulations, Television, Website Issues

Posted on December 22, 2011 by David Oxenford

FCC Approves First TV White Spaces Database Manager - Wireless Devices in TV Band to Start Operations in January

The FCC approved the first database manager for TV white spaces devices - those wireless communications devices that will operate in the spectrum currently used by broadcast television, operating on channels not in use in a given area and supposedly avoiding interference to the reception of over-the-air television stations. Spectrum Bridge is the first company to be approved to act as a database manager, though there are several other companies who have applied and whose systems are in various stages of development and testing. The database manager is to keep a list of all of the services that a white spaces device needs to protect from interference, and be able to transmit that information to devices to tell them what channels they can use in a given geographical area. Protection must be accorded not only to TV stations and TV translators and LPTV stations, but also to the receive sites of Multichannel Video Programing Distributors (cable and satellite TV), certain broadcast auxiliary operations, off-shore telephone services and radio astronomy users, some land mobile operators, and certain wireless microphone users. Today's Public Notice specifically addresses how wireless microphone users need to register with the FCC to be protected from interference.

The Spectrum Bridge database was tested a few months ago, and the FCC's letter outlines a number of concerns expressed about its operations. These include several problems encountered by the NAB in registering sites that were supposed to be protected by white spaces devices. While licensed facilities of TV stations and land mobile users are available from the FCC's own database, receive sites for MVPDs and translators need to be registered, as do the location of certain mobile broadcast auxiliary stations. The FCC ordered Spectrum Bridge to re-open its database for the registration of additional sites to be protected, and said that this would provide registrants the ability to test the modifications to the system in the coming weeks before the system becomes operational.

Tags: Digital Television, Television, White spaces database manager, spectrum bridge, white spaces, wireless devices in the television spectrum, wireless microphone

Posted on November 14, 2011 by Brendan Holland

DTV Station Reminder: FCC Form 317 Reporting on Ancillary Services Due Dec. 1st

By December 1, 2011, all commercial and noncommercial full power digital television (DTV) stations, as well as all digital low power, Class A, and television translator stations must electronically file an FCC Form 317 with the FCC. This Form reports whether the station has provided any ancillary and supplementary services during the twelve-month period ending on September 30, 2011. Under the Commission's Rules, in addition to providing free over-the-air broadcast television, DTV stations are permitted to offer services of any nature, consistent with the public interest, convenience, and necessity, on an ancillary or supplementary basis. Some examples of the kinds of services that may be provided include computer software distribution, data transmissions, teletext, interactive materials, aural messages, paging services, audio signals, and subscription video. If the station did provide such ancillary services, then the FCC wants to know about it. More importantly, if the station generated revenue from the provision of those services, then the FCC wants its 5% cut of the gross revenues derived from such service.

All full power DTV stations -- regardless of whether the station holds a DTV license or is operating pursuant to Special Temporary Authority (STA), program test authority (PTA), or some other authority -- must file a Form 317 reporting whether or not it provided such services and whether it generated any income from such services. In addition, all licensees of digital low power television stations, digital television translator stations, or digital Class A television stations must also file a Form 317 by December 1st. The Form 317 is brief, soliciting information about the license and the types of services provided, if any, and must be filed electronically through the FCC's CDBS filing system.

Tags: DTV, Digital Television, Form 317, Low Power Television/Class A TV, ancillary and supplementary

Posted on October 21, 2011 by Brendan Holland

FCC Overturns Hundreds of TV Closed Captioning Exemptions and Clarifies "Economically Burdensome" Standard in Connection with Captioning Rules

Yesterday, the FCC released an Order that reversed a five-year-old decision by its Consumer and Governmental Affairs Bureau (“CGB” or “Bureau”) that had granted certain video programmers “undue burden” exemptions from the FCC’s closed captioning rules. The reversed Bureau decision had changed the criteria for undue burden exemptions and permanently exempted two video programmers from compliance with the closed captioning rules on the basis of the new criteria. Finding that the Bureau’s new criteria deviated from both the statute and FCC precedent, the Commission overturned the decision, reversed 296 subsequent exemptions that had been granted by the Bureau in reliance thereon, and reinstated the original criteria for captioning exemptions. DWT has just released an advisory that provides more detail about the Commission’s decision, which can be found here. In addition, a copy of the Commission’s Order can be found here.

In overturning the undue burden exemptions CGB approved in 2006, the Commission found numerous faults with both the Bureau’s initial decision and its handling of hundreds of subsequent petitions seeking similar exemptions. Although undue burden exemptions were to be reviewed by the Commission on a case-by-case basis after opportunity for public comment and were to consider four factors: (1) the nature and cost of the closed captions for the programming; (2) the impact on the operation of the provider or program owner; (3) the financial resources of the provider or program owner; and (4) the type of operations of the provider or program owner, the Bureau deviated from previous Commission decisions by expanding the scope of the factors considered. In particular, its decision relied primarily on the non-profit status of programming providers and that the programming was not produced for primarily commercial purposes. Further, the Bureau found captioning programs would constitute a “significant hardship” and that there was a significant risk that mandating captioning would cause the video programming provider to cancel the programming.

Tags: Digital Television, FCC captioning rules, Internet Video, Programming Regulations, Television, captioning rules, closed captioning, video captioning

Posted on October 16, 2011 by David Oxenford

Reclaiming Over-the-Air TV Spectrum for Wireless Broadband Use - What Will the Budget Super Committee Decide?

The battle over the reclamation of television spectrum for wireless broadband rages on, and some in the television industry fear that the future of over-the-air television may be sacrificed to Congressional attempts to reduce the Federal deficit. The current Congressional “Super Committee” that is attempting to find billions of dollars in spending reductions to lower the Federal deficit is reportedly considering “finding” potentially 20 billion dollars or more from the proceeds of an auction of spectrum reclaimed from television broadcasters. Various Congressional proposals have been submitted for the committee’s consideration, essentially to authorize the FCC to conduct “incentive auctions” to reclaim some TV spectrum. But, the National Association of Broadcasters and others have claimed that broadcast television service to a number of markets, particularly those in areas near the Canadian border and in urban, densely populated northeast corridor between Boston and Washington, will be particularly hard hit – imperiling the continued existence of free over-the-air service to some markets, including Detroit. In other markets, broadcasters fear there will be a lessening of the protections from interference that stations currently enjoy, or a repacking of the spectrum that will put stations on new and potentially inferior channels, without reimbursement of the costs of relocation.

The proposal for the reclamation of television spectrum was first advanced in the Commission’s Broadband Report, where the FCC committee that drafted the report suggested that as much as 120 MHz of television spectrum be reclaimed for use for wireless broadband – 20 television channels from 32 to 51 on the TV dial. With tablets and smartphone usage growing quickly, and the ever-increasing demands for wireless spectrum to deliver video, audio and other rich internet content, the Commission fears a spectrum shortage – especially in certain urban markets. As over-the-air viewing rates have been falling over the last two decades as more people sign up with multichannel carriers, the Report suggested that the TV band could be shrunk, with some of the spectrum being redistributed to wireless. TV stations could be incentivized to surrender their spectrum for wireless use or to share channels, an option that the proponents of reclamation claim is very feasible, as digital technologies now allow one television channel to rebroadcast multiple streams of programming.

Television broadcasters have fought back, claiming that, while the digital transition does allow for more channels in the same spectrum, they are just now rolling out new uses of that spectrum – including new programming streams and, soon, mobile video targeted to smartphones and other digital devices. An article in one newspaper last week reviews some of the new ways for over-the-air TV viewers to get access to additional video programming to augment over-the-air programs, allowing some consumers to “cut the cord” – eliminating their multichannel video subscriptions. Some studies have suggested that such cord-cutting opportunities, combined with the recent economic turmoil, has actually increased the amount of over-the-air television viewing in the last few years, reversing or slowing the trend of decreasing broadcast TV viewership.

Tags: Broadband Report, Digital Television, Television, incentive auction, repurposing of TV spectrum for broadband, taking television spectrum for wireless

Posted on September 20, 2011 by Brendan Holland

Must-carry or Retransmission Consent? Television Stations Must Notify Cable and Satellite Operators by October 1st

Just a reminder that by October 1, Television stations must once again make their triennial carriage elections. By that date, TV stations must notify the local cable systems and satellite carriers in their market in writing as to whether the station intends to be carried pursuant to must-carry or a retransmission consent agreement for the next three-year term, which runs from Jan. 1, 2012 through Dec. 31, 2014. Accordingly, before Oct.1, stations must send a written election notice to the cable systems and satellite providers in their market via certified mail, return receipt requested. The election letter should indicate the station's call letters, channel, community of license, DMA assignment, and contact information, in addition to answering the basic question of whether the station would like to elect carriage pursuant to must-carry or else negotiate a retransmission consent agreement. In addition, those stations electing carriage pursuant to must-carry should also indicate the channel on which they wish to be carried (i.e., the over the air channel, the cable channel on which it has been carried historically, or some other mutually agreeable channel). And be sure to keep copies of the election letters sent out. Copies of all the election letters must be maintained in the station’s public inspection files.

Tags: Cable Carriage, Digital Television, Must carry, TV, Television, cable, carriage election, rebroadcast, retransmission consent, significantly viewed

Posted on September 14, 2011 by Brendan Holland

FCC Invites Public to Test TV White Spaces Database; Rules on Collection of White Spaces Info Go Into Effect

The FCC today announced the public testing of a new TV White Spaces database system. Starting on September 19, 2011, the FCC's Office of Engineering and Technology will open a 45-day window to allow the public to try out the TV Band Database developed by one of the potential TV White Spaces database managers. If approved, the Database will be used by white space devices to find available frequencies and avoid interfering with authorized services and registered facilities. As we have written about previously (here) the Commission has adopted new rules to allow unlicensed devices to operate in the television spectrum, but such operations must protect incumbent users. Accordingly, as part of those rules, the Commission has required the development and use of a database, which TV band devices will be required to access periodically in order to determine available frequencies and adjust their operation. As we discussed here, the Commission has tentatively selected a number of parties to serve as database managers to develop and maintain such TV white spaces databases. With this upcoming public trial, interested parties will now have a chance to test the database system developed by one such potential database manager. As part of its authorization process, each interested database manager will be subject to a similar trial period of no less than 45 days.

During this trial period, interested parties are encouraged to test the database, including the basic functionality, including the following elements: The channel availability calculator; cable headend and broadcast auxiliary receive site registration; and wireless microphone registration. Starting on Sept. 19th, the TV band database can be accessed here. The test site will provide a description of the trial, details on use of the system, and a link for feedback. Following the conclusion of the test, the potential database manager will submit a report to the Commission, which will also be available for public review and comment. At the end of the process, the FCC will determine whether this particular system complies with the rules and requirements and whether this database manager will be authorized to operate one of the official databases. In addition to giving feedback to the database manager through the test site, parties can also submit comments directly to the FCC in the open docketed proceeding ET Docket No. 04-186 regarding the TV bands database systems through the FCC's Electronic Comment Filing System. A full copy of today's Public Notice can be found here.

In addition, perhaps coincidentally, today it was announced in the Federal Register that the rules involving the collection of information for these white spaces database have received OMB approval and those data collection rules are now in effect. So once the first database managers gain FCC approval and bring their databases online, the government has the green light to instruct parties to populate the databases by registering their services and facilities for protection.

Tags: Digital Television, General FCC, TV white spaces, TV white spaces database, Television, database manager, unlicensed devices, white spaces, wifi on steriods

Posted on August 26, 2011 by Brendan Holland

FCC Releases Order Reinstating Television Video Description Rules

Yesterday, the FCC released its Report and Order (available here) reinstating its “video description” rules, which require that certain broadcast stations and nonbroadcast networks provide audio narration of the action depicted in the video portion of the television programming. The Commission originally adopted such rules back in 2000, but they were subsequently vacated by the D.C. Court of Appeals for lack of sufficient authority. This past year, Congress rectified that lack of authority by enacting the Twenty-First Century Communications and Video Accessibility Act (CVAA), which was signed into law last October. DWT previously discussed the FCC’s rulemaking to reinstate the video description rules back in March (available here), and has now released a further advisory on the newly adopted rules available here.

In a nutshell, the rules require large-market broadcast affiliates of the top four national networks, and cable operators and DBS providers with more than 50,000 subscribers, to provide programming with audio-narrated descriptions of a program’s key visual elements, beginning mid-2012. While the FCC originally proposed to require full compliance by Jan. 1, 2012, the R&O pushes that date back six months, to July 1, 2012. Highlights of the reinstated video description rules are as follows:

Broadcast affiliates of the top four national networks—ABC, CBS, Fox, and NBC—located in the top 25 television markets as determined by Nielsen as of Jan. 1, 2011, must provide 50 hours per calendar quarter of prime-time and/or children’s programming with video descriptions.
The list of the top 25 television markets are those determined by Nielsen as of Jan. 1, 2011. To the extent a station in a top 25 market becomes newly affiliated with a top-four network, it must start providing video description in the same manner as current ABC, CBS, Fox, and NBC affiliates in the top 25 markets, beginning no later than three months after finalizing the new affiliation agreement.
Going forward, the video description requirements will extend to major network broadcast affiliates in the top 60 markets beginning July 1, 2015. Rankings for the top 60 markets at that time will be based on Nielsen ratings as of Jan. 1, 2015.

Tags: CVAA, Digital Television, Public Interest Obligations/Localism, accessiblity, captioning, video description rule, video descriptions

Posted on August 22, 2011 by David Oxenford

FCC Freezes TV and LPTV Applications for Channel 51 - Encourages Users to Vacate the Channel

The FCC today froze all applications for TV channel 51 by both applicants for full-power and low power facilities. Channel 51 is immediately adjacent to the parts of the television bands that were reclaimed for wireless uses during the DTV transition. Wireless users, including CTIA and the Rural Cellular Association, have sought to restrict use of Channel 51 because of the potential for interference to the wireless users in these new wireless frequencies. Today's order not only freezes new applications for Channel 51 by both full-power and low power TV stations (including LPTV, TV translator and Class A TV stations), but it also freezes the processing of pending applications for the channel. At the same time, the FCC has taken steps to encourage existing users of the channel to vacate it, giving low power applicants 60 days to amend pending applications to specify lower channels.

The freeze on applications is supposedly temporary, while the FCC considers a proposal for a rulemaking to permanently clear Channel 51 of TV users to eliminate the alleged interference to wireless users. But, given the action here, and the FCC's other actions to clear portions of the TV spectrum for wireless users, it certainly looks like the FCC is predisposed to adopting the proposal of the wireless users to clear this channel. The freeze affects proposals not only for new channels on this band, but also applications for increases in the facilities of stations already in the band so as to preserve the "status quo." The FCC will consider waivers of the freeze, but only to replace existing facilities with new ones where the existing facilities need to be replaced or changed due damage by storm, zoning proceedings, or "unforeseen events." Any new facilities must keep the station within its current coverage area. No waivers of this requirement will be issued to low power stations - while full-power stations may be able to exceed their current contours only through a waiver request that demonstrates that some expansion is necessary to preserve existing coverage or the quality of service to the public.

Tags: Broadband Report, Channel 51 TV interference to wireless, Digital Television, FCC plan to reuse TV spectrum for wireless, LPTV conversion to digital, Low Power Television/Class A TV, channel 51 freeze, reallocation of TV spectrum for wireless broadband, use of television spectrum for wireless broadband

Posted on August 18, 2011 by David Oxenford

The Debate Continues Over Using TV Spectrum for Wireless Broadband - Incentive Auctions, International Considerations, Deficit Reduction, and Public Safety All Play a Role

The debate over repurposing some of the television spectrum for wireless broadband have been raging over the normally quiet Washington summer, as issues as diverse as the budget negotiations, the tenth anniversary of 9-11 and international treaties all play their part in the discussions. Whatever changes are made could have a profound impact on TV broadcasters nationwide, not just those in the congested metropolitan markets where everyone acknowledges that any spectrum crunch that may exist would be most acute. This week, Congressman John Dingell, long one of the most influential Congressmen on telecommunications issues, complained that the FCC was deliberately withholding details of its plans for spectrum allocation - plans that the National Association of Broadcasters have challenged as unworkable as they would doom over-the-air television in many markets, especially those near the Canadian border. With all the issues swirling around the spectrum reallocation debate, the realistic timing of any reallocation of the spectrum and the real impact on the free over-the-air television broadcast industry are becoming major issues being considered in Washington.

The FCC has been pursuing the idea of repurposing some of the television spectrum for wireless broadband use since well before the Broadband Report was issued last year. As we summarized in our review of the Broadband Report, the FCC suggested that as much as 120 MHz of television spectrum could be reallocated from TV to wireless broadband uses. The FCC and the consumer electronics and wireless industries have contended that there is a looming spectrum crunch, particularly in major markets, as smart phones, tablets and other connected devices become a bigger part of the lives of many consumers in serving not only their entertainment needs, but also providing information and business services. The FCC's Broadband Report thought that as much as 500 MHz of spectrum would eventually be needed, and that 120 MHz could come from the television spectrum, which proponents feel has been underutilized by broadcasters since the digital television transition in 2009. Proponents of the reallocation contend most consumers get their TV service not over the air, but from cable or satellite providers, so the need for spectrum dedicated to broadcast television is far less than it was 70 years ago when the television service was first popularized. Broadcasters, of course disagree with that assessment, contending that the digital transition is still very new, and that uses of the digital spectrum - including a mobile DTV service and multicast channels - are just developing. Moreover, TV broadcasters have argued that their digital offerings, when combined with Internet service, are providing an option to many to "cut the cord" from pay TV options, leading to more over-the-air viewing. In recent weeks, as detailed below, the National Association of Broadcasters has also been contending that the proposed reallocation would irreparably damage the over-the-air television industry, especially in markets in the Northeast and near the Canadian border where, in some markets, the reallocation would be impossible without ending most or all over-the-air television service. The radically different pictures painted by the participants in this debate have led to some of the recent charges that the FCC is being less than forthcoming about the manner in which this transition would occur and the impact that it would have on broadcast TV.

Tags: Broadband Report, Digital Television, Television, VHF stations and DTV issues, incentive auction, repacking of TV spectrum, repurposing of TV spectrum for broadband, use of television spectrum for wireless broadband, wireless broadband

Posted on July 27, 2011 by David Oxenford

Updates on CALM Act Implementation and LPTV/TV Translator Digital Conversion Rulemakings

For our readers in the television business, there have been recent developments in two proceedings about which we have written recently. Last week, we wrote about the extension of time to file reply comments on the CALM Act implementation Notice of Proposed Rulemaking, where the FCC is implementing a Congressional act to curb loud commercials. The extension on the reply comments was granted as the Advanced Television Systems Committee was about to announce new amendments to its protocol that is the standard proposed as the basis by which compliance with the act is measured. Given the importance of these standards, the FCC wanted to give interested parties at least a brief opportunity to comment on the revisions, thus warranting the extension. According to an FCC Public Notice, those revised standard have now been announced, and can be viewed on the ATSC website, here. Interestingly, as I write this article, the link to the Standards provided in the FCC Public Notice does not work, and the full report is not evident on the ATSC site. Hopefully, those issues will be short lived, as the Reply comments are due on August 1.

Another recent proceeding of interest to television operators is the recent Order of the FCC dealing with the digital conversion of LPTV stations, Class A TV stations and TV translators. We wrote about that proceeding here. That Order sets deadlines this year for stations still operating in the portions of the television band that have already been reclaimed for use by wireless companies (Channels 52 to 69). Any LPTV or TV translator still on these channels must file for a construction permit to move to the core television band by September 1 of this year. The Order further requires that these stations stop operating on their current channels by the end of this year. So that Channels 52 to 69 can be cleared on this very quick schedule, the FCC is expediting this proceeding, and has already published the Order in the Federal Register. While this publication triggers the effective date of the Order (August 26 except for the portions dealing with fees for ancillary and supplemental services, which will be set at a later date), it also signals the start of the period in which Petitions for Reconsideration or Court appeals can be filed. A not-so-fearless prediction - some sort of appeal will be filed, but it seems unlikely that it will be resolved by the September 1 filing deadline absent very unusual Court or Congressional intervention. But watch for the filings in any event but, if you operate one of these stations on any channel between 52 and 69, be prepared to vacate the channel if nothing unusual changes the FCC's collective mind between now and then.

______________________________________________________________

Update - 7/28 - from an alert reader on the location of the new ATSC protocol:

I checked the ATSC website and the Recommended Practice is there. Look under "Standards" and drop to "Recommended Practices". There is probably confusion because the ATSC's A/85 is not a "Standard" but a "Recommended Practice".

The FCC link is wrong

Tags: Advertising Issues, CALM Act, Digital Television, LPTV conversion to digital, Low Power Television/Class A TV, TV translator digital conversion, loud commercials

Posted on July 19, 2011 by David Oxenford

FCC Extends Reply Comment Date on CALM Act Implementation Rules as ATSC Plans Update of Compliance Protocol

The FCC has granted a short extension for Reply Comments on the implementation of the CALM Act. The new deadline for Reply Comments is August 1, 2011. We wrote about the issues in this porceeding here, The CALM Act ("Commercial Announcement Loudness Mitigation" Act), which must be implemented by the end of this year, is meant to require broadcasters, cable companies and other MVPDs to eliminate loud commercials - commercials that are substantially louder than the associated programming. As we set out in our previous article, the Commission looks to establish compliance based on a series of recommended best practices developed by the Advanced Television Systems Committee. As the ATSC is about to release an updated version of this protocal (to be released on its website on July 26), a short extension was deemed to be appropriate so that interested parties could review the updated standards. If you are concerned about compliance with the proposed new rules, take this extended opportunity to review the new ATSC recommended practices, and file your comments on or before August 1.

Tags: Advertising Issues, CALM Act, Digital Television, Television, loud commercials

Posted on July 19, 2011 by David Oxenford

FCC Sets Deadlines for LPTV, TV Translator and Class A Stations To Convert to Digital - And Gives Hints When Television Spectrum May Be Reclaimed for Broadband

The deadlines for the digital conversion of LPTV stations, TV translators and Class A TV stations were announced on Friday, in an Order where the FCC also provided some indication of their expected timetable for the reclamation of some of the television spectrum for broadband use – and that expectation is nowhere near as aggressive as originally announced two years ago in the FCC’s Broadband Report. The digital conversion of LPTV and translator stations will happen by September 1, 2015. The FCC also ordered an earlier December 31, 2011 deadline for the digital conversion and clearing of the reclaimed spectrum by those stations still operating in parts of the former television band (Channels 52 through 69) that have already been reclaimed and mostly auctioned for wireless uses. The digital conversion of Class A stations and other operational issues were also discussed in the order. The details of the order may also reveal the Commission's thinking on the proposed reclamation of other portions of the TV spectrum for broadband use, and of the use of Channels 5 and 6 for radio. Details on the deadlines and other actions by the FCC in this order are set out below.

Conversion Deadline and Process for Stations in Core TV Band

LPTV, translator and Class A stations (referred to in the rest of this article simply as "LPTV stations" except with respect to the specific Class A rules discussed below) will have a hard deadline for digital conversion of September 1, 2015. As of that date, all analog television operations in the US will cease. If LPTV stations do not already have a construction permit authorizing digital operations, they must file for such a permit by May 1, 2015. All existing construction permits for a digital flash-cut on the LPTV station’s current channel are automatically extended by this Order until the September 15, 2015 deadline. This does not extend outstanding construction permits for digital companion channels. Extensions of those permits must be requested by the permittee.

Tags: Broadband Report, Channel 6 interference to FM radio, Class A TV digital conversion, Digital Television, LPTV used for FM radio, Low Power Television/Class A TV, digital conversion of LPTV stations, digital conversion of TV translators, digital transition deadline, reclaimed digital television spectrum, repacking of TV spectrum, use of TV channel 5 and 6 for radio

Posted on June 3, 2011 by David Oxenford

Comment Date Set on Rulemaking to Implement the CALM Act Regulating Loud TV Commercials

Dates for comments and replies on the FCC's Notice of Proposed Rulemaking to implement the CALM Act, regulating the volume levels of commercials, have now been set. We provided a detailed summary of that NPRM here. As set out in that summary, the NPRM asks many questions of broadcasters, cable companies, and other Multichannel Video Programming Distributors about implementation of the CALM Act, including who must comply, how compliance can be achieved, and the impact of reliance on program suppliers (networks, broadcast programming carried on cable, etc.) on compliance. Comments are due on July 5, with replies due on July 18. The FCC Public Notice setting out those dates also provides links to additional specifics about filing comments in the proceeding. To avoid ruining your holiday weekend, get started on comments early!

Tags: Advertising Issues, CALM Act, CALM Act NPRM, Digital Television, Television, loud commercials

Posted on May 31, 2011 by David Oxenford

FCC Freezes Channel Changes By Digital TV Stations While Evaluating Reallocation of Television Spectrum for Broadband Use

In another example of how seriously the FCC is considering the reallocation of portions of the TV spectrum for wireless broadband use, the Commission today issued a Public Notice freezing any new petitions for changes in the channels of television stations. Since the DTV transition, almost 100 stations have changed channels - mostly moving from VHF to UHF channels, as television operators have in determined that VHF channels are subject to more interference and viewer complaints about over-the-air reception. Many predict that these problems with the remaining VHF stations will be worse when the new mobile DTV devices roll out later this year. Yet, as the FCC is looking at implementing its plan to recapture portions of the television spectrum for use by wireless broadband, this freeze has now been adopted. No new Petitions for channel changes will be accepted, though requests already on file will be processed.

The FCC itself has acknowledged the difficulties with the reception of digital DTV signals broadcast on VHF channels, and has asked for public comment on how these difficulties can be overcome, though many engineers seem to feel that, short of repealing the laws of physics, the quest may be an impossible one. In that same proceeding, the FCC has asked about how it should repack the television spectrum, so that the Commission could provide a contiguous swath of spectrum for broadband users. These actions are being taken by the FCC even though, so far, there is no legislation authorizing the incentive auctions that would be used to pay some broadcasters to abandon their spectrum. Without such legislation, the FCC cannot move forward with its plans - thus this freeze may be in place for some time.

Tags: Broadband Report, Digital Television, freeze on tv channel changes, incentive auction, reallocation of TV spectrum for wireless broadband, using television spectrum for wireless broadband

Posted on May 31, 2011 by David Oxenford

FCC Seeks Comments on Implementation of CALM Act Regulating Loud Commercials on Broadcast and Cable Television

In December, the Commercial Advertisement Loudness Mitigation (“CALM”) Act was adopted by Congress and signed by the President, addressing consumer complaints about television commercials that seem louder than the program content that they accompanied. As we wrote in our summary of the Act when it was adopted, Congress has long received many complaints about loud commercials and decided to act, even though many industry groups were concerned about the ability to design an effective system to deal with the contrasts that sometimes exist between the quiet dialogue that might precede a commercial break and the commercial advertisement itself. Nevertheless, Congress adopted the CALM Act, and instructed the FCC to adopt implementing rules within a year. This past week, the FCC released its Notice of Proposed Rulemaking, looking to adopt rules to implement the statute for over-the-air television broadcast stations, cable systems, satellite, and other multichannel video programming providers. In its NPRM, the FCC asks many questions trying to clarify the details of CALM Act implementation.

The NPRM raises a broad array of implementation issues, ranging from deciding exactly which broadcast stations and which MVPDs are subject to its terms, to the establishment of safe harbors for technical compliance. As discussed in more detail below, the Commission also asks whether stations and systems can shift the burden for compliance with these rules to program suppliers, such as broadcast and cable networks, and whether contractual means of guaranteeing compliance (such as indemnification provisions in contracts between networks and affiliates) are sufficient to ensure compliance by these program providers. Questions about how MVPDs deal with retransmission of broadcast programs, and who is responsible for noncompliant broadcast programming, are also asked. Finally, the FCC suggests processes for consumer complaints and the grant of waivers to stations and systems that cannot quickly comply with the new rules.

Tags: ATSC A/85 on commercial volume, Advertising Issues, CALM Act, Cable Carriage, Digital Television, Television, loud commercials

Posted on April 22, 2011 by Brendan Holland

FCC to Review Video Programming Marketplace; Requests Data on MVPDs, Broadcast TV, and Online Video Providers

The FCC is taking a close look at the video programming marketplace and gathering data that will undoubtedly shape its rules and policies in the coming years. Its review comes in the form of a periodic assessment of the multichannel video programming industry required by the Communications Act. By its Further Notice of Inquiry issued Thursday, the FCC expanded the scope of its periodic review of the market for the delivery of video programming and renewed its previous call for data. Although the proceeding is technically an annual occurrence (and indeed is entitled the "Annual Assessment of the Status of Competition in the Market for the Deliver of Video Programming"), it has been over two years since the FCC last released a report on the video programming marketplace. Moreover, that report, issued in January 2009 under then-Chairman Martin, actually reported on the state of the marketplace circa 2006 as the data was a few years old by the time the report was issued.

So the FCC's current proceeding actually seeks data for the years 2007 through 2010. More importantly, the Notice of Inquiry marks a significant departure from previous reviews both in terms of the proposed structure of Commission's analysis and the scope of the review, as this proceeding will, for the first time, include information about the online distribution of video programming to consumers. The Commission seeks to analyze three categories of entities that deliver video programming: 1.) multichannel video programming distributors ("MVPDs", i.e. cable systems, satellite providers, and teleco providers), 2.) broadcast television stations, and 3.) online video distributors. For each of these types of providers, the Commission proposes to examine industry structure (number and size of providers; horizontal and vertical integration; conditions affecting competition), conduct (business models; advertising and marketing), and performance (quantity and quality of program offerings; price of service; investment and innovation).

The Commission's NOI invites comments from all interested parties, and requests data, information, and comment from entities that provide delivered video programming directly to consumers, as well as consumers and consumer groups, content creators, content aggregators, and manufacturers of consumer premises equipment. Clearly, the Commission is casting its net widely in hopes of a thorough record for its report. Given the increasingly contentious debate over the reclamation of TV spectrum, ongoing issues regarding retransmission consent agreements, and the rise of online video programming providers, the Commission's proceeding takes on great importance, as the ultimate findings and conclusions drawn by this report will likely be used as the basis for future actions affecting video programming providers and consumers. Comments in the proceeding are due by June 8th, with Reply Comments due by July 8th. Interested parties may file comments and data with the Commission either in paper or via the Commission's Electronic Comment Filing System.

Tags: Digital Television, Internet Video, OTT, OVD, Television, cable TV, online video, over the top video, video distribution, video programming

Posted on April 14, 2011 by David Oxenford

As Broadcasters Return From NAB Convention, FCC Extends Date for Comments on Policies Leading to Repurposing TV Spectrum for Broadband

The FCC has granted a one week extension for reply comments in the proceeding looking to take many of the preliminary steps toward incentive auctions by which the FCC would reclaim parts of television spectrum for use by wireless broadband companies. Comments are now due on April 25. We wrote about the many issues in this proceeding, here. Issues include the sharing of channels by independent television stations, whether stations that share spectrum are entitled to must carry rights under governing law, and how the FCC can change the digital television operational rules to make the use of VHF frequencies, where stations operating on those channels have experienced severe technical issues after the digital transition, more friendly for digital operations if the television spectrum needs to be repacked so that contiguous portions of the UHF band can be auctioned to wireless companies.

The extension was requested by a number of broadcast groups, partially based on the fact that the NAB Convention in Las Vegas has just concluded, and that there was much discussion at the Convention on the topic - including much discussion from FCC officials. The broadcast community wanted the opportunity to respond to digest and respond to these discussions, thus the need for the brief extension. This remains a very hot issue, with the FCC officials who attended the NAB Conference clearly pushing the agenda advanced in the Broadband Plan to reclaim some of the television spectrum for wireless uses. Thus, these replay comments are very important, as they may set the stage for the incentive auctions and possible repacking of the television spectrum that may follow.

Tags: Broadband Report, Digital Television, NAB convention, Television, VHF stations and DTV issues, cable carriage of television stations, reallocation of TV spectrum for wireless broadband, reclaimed digital television spectrum, sharing of TV channels, use of television spectrum for wireless broadband

Posted on April 4, 2011 by David Oxenford

Comment Deadline on Video Description Rulemaking Extended

The FCC has granted an extension of time to submit comments in its proceeding to re-institute video description rules for television programming. Comments are now due April 28th, and Reply Comments are due by May 27th. A copy of the FCC's recent Order extending the deadline is available here. As we wrote about earlier (here), this rule making proceeding seeks to reinstate the Commission's prior video description rules with certain modifications, as required by the Twenty-First Century Communications and Video Accessibility Act of 2010 (the CVAA). The proposed rules would require large market broadcast affiliates of the top four national networks and most cable operators and DBS providers to provide programming with audio narrated descriptions of a television program’s key visual elements beginning as soon as first quarter 2012. Davis Wright Tremaine previously summarized the Act in our earlier advisory available here.

In addition, the FCC also just granted an extension of time to file comments in a related proceeding that seeks to implement other aspects of the CVAA. That proceeding, addressing accessibility of equipment and Advanced Communications Services, was also initiated in early March and shares a similar timetable for promulgating rules as the video description proceeding. Accordingly, the FCC did not grant the full 30-day extension sought by the parties, but rather has granted a two week extension of time for comments. Comments are now due on April 25, and replies on May 23 in that proceeding. Groups including the National Federation for the Blind and the Consumer Electronic Association requested a month-long extension in the comment date but, as Congress has required that these rules go into effect at the beginning of 2012, the Commission felt that it could only justify a two week extension and still be able to meet the statutory deadline. So have those comments ready by April 25.

Tags: Digital Television, Programming Regulations, Television, Twenty-First Century Communications and Video Accessibility Act of 2010, audio description of video programming, television program accessibility, video description

Posted on March 29, 2011 by Brendan Holland

Comments on Television Retransmission Consent Rules due to FCC by May 27

The Commission's recent Notice of Proposed Rule Making exploring possible changes to the television retransmission consent rules has now been published in the Federal Register setting the date for Comments as May 27th, with Reply Comments due by June 27. As we wrote about recently (here), the FCC has commenced a rule making to consider revising its rules governing the interaction and negotiations between cable operators and broadcasters regarding carriage of local broadcast television stations. Among other things, the NPRM seeks input on strengthening the good faith negotiation rules, changes to the notice requirements to require advance notice to consumers of carriage changes, and input on the potential benefits and harms of eliminating the Commission's network non-duplication and syndicated exclusivity rules. Again, interested parties have until May 27th to file comments with the Commission either in paper or through the FCC's Electronic Comment Filing System. Reply Comments will be due by June 27th.

Tags: Cable Carriage, Digital Television, Television, carriage of local stations, network nonduplication, retrans, retransmission consent

Posted on March 18, 2011 by Brendan Holland

Comments on Revised Video Description Rules for Television Programming due to FCC by April 18

UPDATE: On March 23rd, the FCC granted a ten-day extension of the filing deadline. Comments are now due April 28th, and Reply Comments are due by May 27th.

The FCC's recent item proposing the adoption of video description rules was published in the Federal Register today setting the deadline for Comments in the proceeding. The FCC subsequently extended the deadline, and Comments are now due by April 28th, with Reply Comments due by May 27th. As we wrote about recently (here), the FCC has initiated a rule making proceeding to reinstate its prior video description rules with certain modifications, as required by the Twenty-First Century Communications and Video Accessibility Act of 2010 (Act). The proposed rules would require large market broadcast affiliates of the top four national networks and most cable operators and DBS providers to provide programming with audio narrated descriptions of a television program’s key visual elements beginning as soon as first quarter 2012. Davis Wright Tremaine previously summarized the Act in our earlier advisory available here.

Now, with today's publication of the Notice of Proposed Rule Making in the Federal Register, the date for comments has been set, and the FCC is moving quickly to implement the rules. In addition to proposing to reinstate the rules previously adopted by the FCC, the item asks many practical implementation questions about refreshing market rankings, applicability of the rules to low power television, and what constitutes the “technical capability” to pass through video descriptions. In particular, the FCC seeks to refresh the list of the top 25 DMAs, as well as update the top five national nonbroadcast networks subject to the rule. Interested parties may file comments with the FCC either in paper or electronically through the FCC’s Electronic Comment Filing System on or before April 28, 2011.

Tags: Children's Programming and Advertising, Digital Television, Programming Regulations, Television, accessibility, captioning, television programming, tv descriptions, video accessibility act, video description, visually impaired

Posted on March 10, 2011 by Brendan Holland

April 5: Deadline to File Waiver Request with the FCC for TV White Spaces Protection

The FCC recently revised its TV “white spaces” rules to facilitate the use of unlicensed communications devices on spectrum originally allocated exclusively for broadcast television. Although there is still a long way to go before new unlicensed devices are deployed in this spectrum, the recent revision of the rules has triggered an important deadline. As detailed in our client advisory issued today and available here, cable headends, TV translators, low power television stations, and other Multichannel Video Programming Distributor (MVPD) receive sites that are located outside a broadcast station’s standard protection zone have until April 5, 2011, to file a waiver request seeking interference protection.

Practically speaking, the vast majority of cable headends, TV translators, and MVPD receive sites that rely on the reception of an over-the-air broadcast signal are located well within the broadcast station’s standard protection zone. Thus, the April 5th deadline applies only to those unique cases in which an existing over-the-air receive site is located more than 80 kilometers (49.7 kilometers) beyond the edge of the broadcast station’s protected contour.

As the filing deadline is less than a month away, we encourage potentially affected parties to promptly review their operations. Television broadcasters, who may not themselves operate a facility eligible for a waiver, should consider if there are cable headends, TV translators, or other MVPD receive sites far beyond their contour that might benefit from a waiver request. In such cases, the broadcaster should coordinate with the operators of those facilities to ensure a timely submission.

See today's advisory for further details on this upcoming deadline, as well as our earlier postings here and here for more information about the white spaces rules and the forthcoming white spaces database.

Tags: Digital Television, TV white spaces, Television, White spaces database manager, unlicensed devices, wireless devices in the television spectrum

Posted on March 6, 2011 by Brendan Holland

FCC to Take a Fresh Look at Retransmission Consent Rules Governing Carriage of Broadcast Television Stations

Among the many items adopted by the Commission at last week's open meeting was a Notice of Proposed Rule Making (NPRM) regarding retransmission consent agreements and the carriage of broadcast television stations by cable and satellite providers. Retransmission consent has been a hot topic of late both in Washington and in the national press. During the past year, a few carriage negotiations between broadcast television stations and cable or satellite operators have resulted in interruptions - or threats of interruptions - in the carriage of local stations. As a result, both Congress and the public have paid increasing attention to retransmission consent negotiations, and the Commission's NPRM is a effort to review some aspects of its rules governing the relationship between local broadcast stations and the cable and satellite providers that retransmit their signals. A copy of the NPRM is available here.

The NPRM is the outgrowth of a petition for rule making filed in March 2010 by cable and satellite providers, along with several public interest groups. These groups jointly petitioned the FCC seeking significant changes to the current retransmission consent process. Perhaps the most notably aspect of last week's NPRM is not the changes the FCC proposes, but rather the changes it refrains from pursuing. The Commission states in the NPRM that it does not believe that it has the authority to adopt either interim carriage mechanisms - to require the continued carriage of a station without a station owner's consent while negotiations continue - or mandatory binding dispute resolution procedures for retransmission consent negotiations, both of which were proposed by the cable and satellite providers in their petition for rule making. In both cases, the Commission found that it lacked the statutory authority to pursue the rule changes proposed by the petitioners.

While it proposes to refrain from action on those two elements of the petition for rule making, the Commission does propose to review several aspects of its rules in an effort to, in its words, "protect the public from, and decrease the frequency of, retransmission consent negotiation impasses within our existing statutory authority." To that end, the NPRM seeks input on strengthening the good faith negotiation rules, including whether it would be per se violation of the good faith negotiation rules for a station to give a network with which it is affiliated the right to negotiate for carriage, or for a station to grant another station or station group the right to negotiate for carriage, such as when a station is party to a local marketing agreement (LMA) or joint sales agreement (JSA). In addition, the NPRM proposes changes to the notice requirements of its carriage rules to require advance notice to consumers if there is the possibility that a station will be dropped from a providers' programming line up. This advance notice would allow consumers to make alternative plans if negotiations ultimately fail and a station's signal is deleted from the lineup.

Tags: Cable Carriage, Digital Television, Television, carriage of local stations, network nonduplication, retrans, retransmission consent

Posted on March 4, 2011 by Brendan Holland

FCC Initiates Rule Making to Reinstate Video Description Regulations for Television Programming

Yesterday, the FCC initiated a rule making proceeding to reinstate its prior video description rules with certain modifications, as required by the Twenty-First Century Communications and Video Accessibility Act of 2010 (Act). The proposed rules would require large market broadcast affiliates of the top four national networks and most cable operators and DBS providers to provide programming with audio narrated descriptions of a television program’s key visual elements beginning as soon as first quarter 2012. Davis Wright Tremaine previously summarized the Act in our earlier advisory available here.

The Notice of Proposed Rule Making (NPRM) takes the first step toward restoring the video description regulations that the FCC previously adopted in 2000, but which were subsequently vacated by the U.S. Court of Appeals for the D.C. Circuit. Now with explicit Congressional authorization, the FCC seeks to restore the video description rules by Oct. 8, 2011, as required by the Act. The FCC proposes a quick implementation, with the video description and pass-through rules beginning Jan. 1, 2012. The most significant elements of the reinstated video description rules are:

Broadcast affiliates of the top four national networks—ABC, CBS, Fox, and NBC—located in the top 25 television markets must provide 50 hours per calendar quarter of prime time and/or children’s programming with video descriptions.
The top five national nonbroadcast networks must provide 50 hours per calendar quarter of prime time and/or children’s programming with video descriptions. The proposed rule would be applied to multichannel video programming distributors (MVPDs), including cable operators and DBS providers with 50,000 or more subscribers, and presumably then be applied to the top five networks through affiliation agreements.
“Live” and “near live” programming is exempt from the rules.
In order to count toward the requirement, the programming must not have been aired previously with video descriptions, on that particular broadcast station or MVPD channel, more than once.
All broadcast stations, regardless of market size or affiliation, and all MVPDs, regardless of the number of subscribers they serve, must “pass through” video description when such descriptions are provided and when the station or program distributor has the technical capability to do so.

In addition to proposing to reinstate the rules previously adopted by the FCC, the item asks many practical implementation questions about refreshing market rankings, applicability of the rules to low power television, and what constitutes the “technical capability” to pass through video descriptions. In particular, the FCC seeks to refresh the list of the top 25 DMAs, as well as update the top five national nonbroadcast networks subject to the rule. In determining the top five nonbroadcast networks, the FCC proposes to exclude from the top five any nonbroadcast network that does not provide, on average, at least 50 hours per quarter of prime time non-exempt programming, i.e., programming that is not live or near-live. The NPRM specifically seeks comment from any network that believes it should be excluded from the top five covered networks because it does not offer enough pre-recorded prime time or children’s programming.

Tags: Children's Programming and Advertising, Digital Television, Programming Regulations, Television, accessibility, captioning, television programming, tv descriptions, video accessibility act, video description, visually impaired

Posted on March 2, 2011 by Brendan Holland

Federal Court Says No To Internet Retransmission; Section 111 Compulsory License Does Not Permit Internet Broadcasting Without Compliance With Federal Regulations

As our colleague Brian Hurh wrote recently on our sister blog, the www.broadbandlawadvisor.com, a federal district court last week granted a preliminary injunction prohibiting the mere retransmission of broadcast television programs over the Internet, without more. The order is not only important for its confirmation of a 2008 Copyright Office decision rejecting Internet retransmission of video programming under Section 111 of the Copyright Act, it also reaffirms the “quid pro quo” of compulsory licensing – that one cannot merely retransmit programs over the Internet (or any other medium, for that matter) without acquiescing to federal regulation. See WPIX, Inc. et al v. ivi, Inc., Case No. 1:10-cv-07415-NRB (S.D.N.Y., Feb. 22, 2011).

The order stems from a preliminary injunction sought by national broadcasting networks and local stations, Major League Baseball and several motion picture studios against a single defendant, ivi, Inc. ivi’s business consisted of capturing over-the-air broadcast programming in several major markets and retransmitting it over the Internet to ivi subscribers across the country.

The central issue was whether ivi could lawfully retransmit such programming over the Internet pursuant to a “compulsory license” under Section 111 of the of the Copyright Act (17 U.S.C. § 111). In a brief but informative history of Section 111, the Court explained that the compulsory license was created to allow the then-nascent cable industry to retransmit over-the-air programming to subscribers in exchange for a statutory license fee paid to the Copyright Office. That bargain, however, also required cable operators to willingly submit to the FCC’s jurisdiction. According to the record, ivi refused to adhere to this bargain, instead arguing that its Internet video service was outside the purview of the FCC because it was transmitted over the Internet. The Court flatly rejected this argument, holding that ivi not only was not a cable system eligible for a license, it could not both benefit from a compulsory license while at the same time avoid obligations under federal law.

In essence, the Court’s decision reinforces the notion that there is, and has always been, a balance between the development of new video technologies and respecting the copyrights of content owners. Cable operators accomplished this through the Section 111 compulsory license; the Internet has yet to discover a balance of its own.

Tags: Digital Television, Internet Video, On Line Media, Television, compulsory license, copyright license, internet broadcasting, internet television, ivi, ivi tv, online video, retransmission

Posted on February 16, 2011 by Brendan Holland

FCC Rejects Request by Low Power Television Broadcaster to Test Technology to Enable Broadband Service Over Broadcast Spectrum

Last week the FCC rejected a request by a low power television broadcaster seeking an experimental license to test a technology that would allow broadcast television stations to provide broadband access. The brief decision, available here, was issued by the FCC's Media Bureau and rejected the request primarily on the grounds that the technology the LPTV broadcaster sought to test is inconsistent with the existing ATSC standard for transmission of digital television signals in the U.S. This decision brought about a rebuke by a Wall Street Journal columnist, suggesting that the FCC was not fully exploring one way to rapidly deploy broadband through existing TV licensees, in fears of foregoing the revenues that would come from an auction of reclaimed television spectrum. This issue arises while the FCC considers the digital conversion of LPTV, and the future of the television spectrum generally.

As has been well known and discussed for at least the last decade, the ATSC standard chosen for digital television broadcast service in the United States is not ideal for mobile service and is not well suited for two-way broadband service. The current ATSC standard was designed to provide a signal to fixed locations for traditional in-home television watching. As we have written before, in 2000, in the early days of the digital television conversion, some broadcasters suggested that the system be changed to accommodate a more robust signal allowing better mobile reception and other services that maximize the capacity of the digital channel. That proposal was rejected for fears of slowing the digital conversion, but is seemingly being revisited now.

Tags: ATSC A/85 standard, Broadband Report, COFDM, Digital Television, General FCC, LPTV conversion to digital, Low Power Television/Class A TV, Television, national broadband plan, reclaimed TV channels, television incentive auctions, wireless broadband service

Posted on February 6, 2011 by David Oxenford

While Few Vie for New VHF TV Stations in NJ and Delaware, FCC Sets Comment Date on Improving VHF Digital Reception and TV Channel Sharing With Must Carry Rights As Ways to Help Clear TV Band for Broadband Users

The FCC's auction of new VHF TV channels in New Jersey and Delaware (about which we have written many times including here) has resulted in only three qualified bidders. Despite this lack of interest in these VHF channels, the FCC seems to be looking at VHF as a way to facilitate its announced plans for the clearing of significant portions of the television spectrum for wireless broadband use. The Commission this week set the comment date - March 18, 2011 - on ways to overcome the issues that have been posed to TV stations that have remained in VHF channels after the digital transition. In the same proceeding, the FCC also seeks comments on allowing TV stations to share the same 6 MHz channel, with both stations retaining their cable and satellite must-carry rights. That same proceeding implies that we may well have seen the last new over-the-air television stations. This crucial proceeding on the future of the television band requires careful attention by all parties who may be affected by the many proposals contained in this relatively compact Notice of Proposed Rulemaking.

The first part of the FCC's proposal (about which we previously wrote here), is to look at ways to get some of the television stations to give up their current channel to allow the FCC to use it for broadband, and having that station share another station's channel to continue to provide its program service on what is the equivalent of a digital subchannel. The proposal to encourage multiple TV stations to share the same 6 MHz channel raises many issues. First, the FCC recognizes that the proposal may result in some television stations giving up their ability to broadcast in High Definition (one of the principal reasons for the initial transition to digital), but suggests that stations sharing the same channel could work out "dynamic arrangements" to allow sharing the spectrum flexibly, increasing the portion digital bandwidth allocated to one station when it has programming that would benefit from higher definition, while switching some of the bandwidth allocation to the other station at other times.

While the Commission assumes that each station will continue to exist as an independent station even when sharing a channel with another station, many of its questions in this proceeding seem to signal uncertainty about this conclusion. Issues on which the Commission seeks comment include:

What effect will channel sharing have on the deployment of HD programming and mobile television? The Commission does not ask about 3-D television, which some broadcasters have begun to experiment with, and might be worth a comment if there are those who expect that to be part of the television future that could be affected by channel sharing arrangements.
In channel sharing, would each station be able to maintain a Standard Definition signal at all times?
The Commission assumes that each station sharing a single channel (and thus a single transmission facility) would retain a separate license, and be individually responsible for FCC-rule compliance (e.g. EAS, indecency, children's television, political broadcasting, etc). How would responsibility over the technical compliance be apportioned?
Should commercial and non-commercial stations be allowed to share the same channel? Could commercial stations share channels that have, to this point, been reserved for noncommercial educational uses?
Will there be a loss in service to the public from such combinations? Will there be television "white" and "gray" areas created, i.e. areas where there will be no over-the-air television service or only a single service?
Should cable and satellite service be included when evaluating questions of loss of service?
What impact should channel sharing have on other FCC rules, like the media ownership rules?

Perhaps the biggest issue with channel sharing is the cable and satellite carriage issue, which raised a number of issues for the Commission. The issues, summarized below, also demonstrate the Commission's tentativeness in its conclusion that two stations sharing the same channel are really independent stations.

Tags: Broadband Report, Cable Carriage, Digital Television, Television, VHF stations and DTV issues, cable carriage of television stations, reallocation of TV spectrum for wireless broadband, reclaimed digital television spectrum, sharing of TV channels, use of television spectrum for wireless broadband

Posted on January 27, 2011 by David Oxenford

FCC Designates Database Adminstrators for TV White Spaces Devices

The Commission today released an Order conditionally designating 9 companies to be database administrators for white spaces devices. As we wrote in our article describing the FCC's recent decision on reconsideration of its White Spaces order, these administrators will be responsible for maintaining a database of all users of the TV spectrum who must be protected from interference from white spaces devices. Protected entities include TV stations, LPTV stations and TV translators, cable and satellite receive locations, certain wireless microphone users, and the paths between TV stations and translators. Each database must maintain all of this information, so that white spaces devices can determine what channels must be protected in areas in which they are operating.

The conditional nature of the designation reflects the fact that these administrators had requested designation in late 2009, before the recent Order on Reconsideration which adopted the new requirements that all white spaces devices must communicate with these administrators instead of relying on any sort of spectrum sensing. Thus, the FCC is requiring the proposed administrators to update their filings to reflect that they can meet the new requirements for the maintaining the database. One of these new requirements is one of security - so that it can be ensured that the users will have an accurate data base from which to operate, without fear of tampering or other abuses. The FCC will also require that each administrator attend an education session conducted by the FCC, and to go through a rigorous testing period - with tests conducted by the FCC to make sure that the administrator's service will actually provide the necessary information to protect incumbent TV spectrum users from interference from white spaces devices.

Tags: Digital Television, On Line Media, Television, White spaces database manager, wireless devices in the television spectrum

Posted on November 30, 2010 by David Oxenford

FCC Adopts Notice of Proposed Rulemaking Looking to Reallocate Some TV Spectrum to Wireless Broadband

The FCC today started an examination of the future of the spectrum currently used by broadcast television, beginning the formal process of implementing the ideas raised in its Broadband Plan of repurposing some of that spectrum for use by wireless broadband technologies. Specifically, the FCC adopted a Notice of Proposed Rulemaking, seeking comment on a number of issues. While the full text of the FCC’s order has not been released, many of the issues for consideration can be gleaned from the comments made at the FCC meeting. In the initial presentation made about the NPRM, it was stated that the principal issues to be addressed in the NPRM were:

Allowing new primary allocations in the television spectrum for fixed and mobile wireless users.
Providing a framework that would allow two or more broadcast television stations to share a single 6 MHz channel, retaining full must-carry rights for each station, while allowing for the return of spectrum to the FCC to be auctioned for wireless uses
Looking at ways to increase the value of VHF television channels (channels 2 through 13) for DTV use, including proposals to allow stations operating on such channels to operate at higher power and to increase performance standards for indoor antennas

Co-primary uses could be important for many TV users, as currently LPTV and TV translator stations are secondary services, implying that such services might be preempted by new primary wireless users. The enhancement of the VHF spectrum would be important to any attempt to dedicate significant spectrum to wireless broadband without substantial disruption to over-the-air television, as without the use of those channels (which are underutilized, particularly in urban markets, as they have proved to be very susceptible to interference and do not provide as broad coverage as VHF analog service did), the ability to repack the TV spectrum to clear portions of the spectrum for wireless would be very restricted in the major metropolitan areas where any spectrum crunch is likely to be most acute.

As FCC Chairman Julius Genachowski stated, this was an efficient presentation on an important issue. The explanation of the proposals took far less time than each of the Commissioner’s individual statements, all of which raised important issues that will be addressed in this proceeding. The FCC public notice about this proceeding is available by clicking here. But an examination of each of the Commissioner's statements (which are available through the links on their names, below) is important to understand the scope of the issues to be addressed by the FCC.

Tags: Broadband Report, Digital Television, Television, future of broadcast television, mobile DTV, multicast channels, multicast programming, over the air television future, repurposing of TV spectrum for broadband, use of DTV spectrum, wireless broadband

Posted on November 26, 2010 by David Oxenford

The Future of the Broadcast Media - As the FCC Meeting Next Week Considers What to Do With the TV Spectrum

After Thanksgiving - everyone's thoughts turn to technology policy. Well, maybe not everyone, but reading Thursday's New York Times, David Pogue wrote his column celebrating his 10th anniversary in the paper with observations about truths that he has discovered about the technology world. Many of those same truths apply to broadcast policy, and are particularly relevant with a week coming up in which the FCC may take its first steps toward dramatically reshaping the media landscape as it considers the future of the television spectrum, and potentially repurposing some of that spectrum for wireless broadband. Pogue's first observation was that new technology does not replace old technology - instead it merely provides more choice to the consumer. He points out that TV did not replace radio, and that satellite radio didn't replace radio either. Instead, these services became complements, perhaps eroding the audience of the established technology in some ways, and perhaps making the older technology redefine its mission, but the older technology survived, and remained relevant. We've written similar observations about the future of radio - it's a technology that reaches masses with no incremental costs for adding new listeners - and is now and, for the foreseeable future will be, the most efficient way to reach large audiences with popular formats.

It is a similar story with other communications media. And we sometimes over-react to short term trends believing that some audience erosion for a particular technology will result in its doom, when in fact it may just result in some form of re-invention. In the last two years, we've seen print media go from being left for dead, to being part of one of the most talked about media deals of the last month - the merger between the Daily Beast and Newsweek to bring a print component to a new media darling. Television, too, is not dead yet - it still the most watched source of video programming, whether distributed over the air or through some multichannel video transmission source, with over-the-air programming about to get a new take as mobile DTV begins its roll-out in the coming months. Recently, there has even been the occasional article about consumers "cutting the cord" - relying on over-the-air TV, supplemented by web video content, to drop their cable or satellite connection. As Pogue suggests, all these media will continue to survive and offer choices to consumers. But Pogue does not take into account the potential impact of a fundamental change in regulatory policy that intervenes to disrupt the natural progression of the marketplace.

Tags: Broadband Report, Digital Radio, Digital Television, General FCC, HD Radio, Television, digital television transition, future of broadcast media, future of television, incentive auction, mobile DTV, multicast programming, repurposing of TV spectrum for broadband, spectrum sharing, wireless broadband

Posted on November 24, 2010 by Brendan Holland

FCC Releases Multiple Items Implementing Rules for Satellite Television Extension and Localism Act (STELA)

Yesterday, the FCC released four different items to implement the changes enacted by Congress in the Satellite Television Extension and Localism Act, better known as STELA. With one item addressing significantly viewed out-of-market stations, two items regarding signal prediction and measurements for the reception of DTV signals, and a Public Notice requesting comments and data for a report to Congress, the FCC has wrapped up several open issues regarding STELA. As we have written about previously, here and here (among others), in addition to extending the blanket copyright license allowing satellite television providers to deliver distant signals to "unserved" viewers unable to receive a signal from their local network affiliate, STELA raised a few additional issues that the FCC needed to address through various rule makings. With yesterday's flurry of activity, the FCC has now addressed those issues.

With the first item, the Commission modified the significantly viewed rules that allow for the importation of distant signals in certain circumstances. The item clarifies that a satellite subscriber need only receive the local-into-local package as a precondition for that subscriber to receive a significantly viewed station, they don't have to receive the specific local (i.e., in-market) affiliate of the same network as a precondition to receive a distant station affiliated with the same network. The item further clarifies that STELA no longer requires that equivalent bandwidth be dedicated to in-market and significantly viewed stations, so much as there is an HD format requirement. Accordingly, subscribers can only receive a significantly viewed HD signal, the satellite carrier must carry the HD signal of the local station affiliated with the same network. In reaching its decision, the Commission was cognizant of the tension between the protection of localism and Congress's intention of achieving closer parity between the rules for satellite TV providers and cable TV providers, and it worked to reach a balance between those two sometimes competing goals. A copy of the Order is available here.

Tags: Cable Carriage, Digital Television, STELA, localism, over the air reception, satellite carriage, satellite television

Posted on November 10, 2010 by Brendan Holland

DTV Station Reminder: FCC Form 317 Reporting on Ancillary Services Due Dec. 1st

By December 1, 2010, all commercial and noncommercial digital television (DTV) stations must electronically file an FCC Form 317 with the FCC. This Form reports whether the station has provided any ancillary and supplementary services during the twelve-month period ending on September 30, 2010.

Under the Commission's Rules, in addition to providing free over-the-air broadcast television, DTV stations are permitted to offer services of any nature, consistent with the public interest, convenience, and necessity, on an ancillary or supplementary basis. Some examples of the kinds of services that may be provided include computer software distribution, data transmissions, teletext, interactive materials, aural messages, paging services, audio signals, and subscription video.

All DTV stations -- regardless of whether the station holds a DTV license or is operating pursuant to Special Temporary Authority (STA), program test authority (PTA), or some other authority -- must file a Form 317 reporting whether or not it provided such services and whether it generated any income from such services. If the station did provide such ancillary services, then the FCC wants to know about it. More importantly, if the station generated revenue from the provision of those services, then the FCC wants its 5% cut of the gross revenues derived from such service. The Form 317 is very brief, soliciting information about the license and the types of services provided, if any, and must be filed electronically through the FCC's CDBS filing system.

Tags: DTV, Digital Television, Form 317, ancillary and supplementary

Posted on November 2, 2010 by Brendan Holland

FCC Auction of New DTV Stations in New Jersey and Delaware Set for Feb. 15, 2011

As we wrote about about back in September, the FCC has allocated two new DTV stations in the Mid-Atlantic region, one in New Jersey -- Channel 4 in Atlantic City -- and one in Delaware -- Channel 5 in Seaford). With the release yesterday of its further Public Notice, the Commission has now officially slated the auction of the two new channels for Tuesday, February 15, 2011. In the auction Notice, available here, the Commission formally adopts the rules and the minimum opening bids for the auction, setting the starting point for each construction permit at $200,000. Applicants interested in participating in the auction will need to put at least that much on deposit in order to be eligible to bid, and will be required to start the bidding at that amount. And while $200k is the starting point, there is no limit to the ultimate purchase price.

Short Form Applications on FCC Form 175 must be submitted by 6:00 PM ET on December 15, 2010 in order to participate, and upfront deposits are due by 6:00 PM ET on January 21, 2010. The FCC will hold a Mock Auction on February 11, 2011 to allow eligible bidders to test out the bidding interface, and the real thing will kick off on February 15, 2011. As we discussed in our earlier post, given the looming issue of incentive auctions and spectrum repacking, as well as the reception issues attendant with low VHF channels, it will be interesting to see who turns out to participate in the auction, but as evidenced by the minimum opening bids, there's still plenty of value in a full power television construction permit and the cable and satellite must-carry rights that go along with it.

Tags: Digital Television, FCC auction, new DTV stations, spectrum auction

Posted on October 26, 2010 by Brendan Holland

FCC Seeks Comments to Refresh Record on Closed Captioning; Comments Due Nov. 24

As summarized by Brian Hurh on our sister site broadbandlawadvisor.com, yesterday the FCC's Consumer and Government Affairs Bureau released a Public Notice seeking comments to refresh the record on closed captioning that was last addressed in the Commission's 2005 and 2008 Closed Captioning NPRMs. As recognized by the Commission, much has happened since those proceedings, both technologically and regulatory. As directed by the recently enacted 21st Century Communications and Video Accessibility Act (which we blogged about earlier here, and discussed in DWT's Advisory here), the FCC's rules must be revised to extend closed captioning to the Internet within 6 months of the Advisory Committee's report on closed captioning, which must be released by October 2011. As we noted earlier, the Advisory Committee must be formed by December 8, and hold its first meeting by April 2011.

The revised closed captioning rules will necessarily require a new closed captioning rule making proceeding, and presumably, the Commission is gathering information now to determine what the forthcoming rule making proceeding will look like. Some of the issues that the Commission seeks to refresh include:

Whether to establish quality standards for non-technical aspects of closed captioning, including whether different quality standards should apply to live and pre-recorded programming;
The need for mechanisms and procedures over and above the "pass through" rule, and whether there should be a per violation forfeiture amount for non-compliance;
Whether the FCC should revise its rules to disallow the use of electronic newsroom technique for certain DMAs;
How the section 79.1(d)(12) exemption for channels producing revenues of less than $3 million should apply to digital mulitcast, specifically, the ramifications of treating each multicast stream as a separate channel for purposes of the exemption.

Comments are due November 24. Reply comments are due December 9. Comments can be submitted to the FCC in paper, or electronically via the FCC's Electronic Comment Filing System.

Tags: Digital Television, Emergency Communications, Programming Regulations, TV captioning, Television, captions, closed captioning

Posted on October 21, 2010 by Brendan Holland

FCC Prepared to Move Forward with Incentive Auctions in Anticipation of Congressional Authority

FCC Chairman Julius Genachowski announced today that the FCC is ready to move forward with preparations for incentive auctions in anticipation of receiving Congressional authority for such auctions at some point in the future. In a speech at the Spectrum Summit held today at the FCC in Washington, DC, Genachowski invoked President Eisenhower, FDR, and the transcontinental railroad, among other historical figures and events, to emphasize his belief that America is at a critical time in its history and that ensuring a steady flow of spectrum for wireless use in the next five to twenty years will be crucial to the growth and prosperity of the United States of America. This is potentially welcome news for wireless carriers eager for new spectrum, but also a clear warning to television broadcasters that as far as the FCC is concerned it is not a matter of if, but rather when, the FCC will have the authority to conduct incentive auctions to facilitate the recapture of television spectrum and the repacking of the television channels.

Since the release of the National Broadband Plan in March, which advocated the reclamation and re-purposing of 120 MHz of spectrum currently allocated for free over-the-air broadcast television, the FCC has quietly proceeded to meet with broadcasters and prepare for the possibility of incentive auctions. Now, following on the heels of the recent TV White Spaces order, which we wrote about recently here and here, Genachowski has announced that the Commission will consider a Notice of Proposed Rule Making at its November 30th open meeting "that would lay essential groundwork for implementing incentive auctions quickly should Congress act." According to the Chairman's speech, the forthcoming item will explore a licensing framework that would allow stations to "voluntarily" share channels and examine new ways to improve the digital television reception of VHF channels in hopes of making that spectrum more attractive as a home for relocated television stations. This last issue is particularly interesting, given that the Engineering Forum held by the Commission in June explicitly explored the issue of improving VHF reception and found that there was little or no way to improve the reception of digital stations operating on VHF channels. But the Commission will have to find someplace to move broadcast stations, and it will undoubtedly explore all options in the effort to meet the challenge of freeing up spectrum.

At a recent seminar held by the Federal Communications Bar Association, an economist from the FCC described how the process would work. Essentially, broadcasters would make a bid for what they would accept to do one or more of the following (i.e. "how much would it take before you'd..."): 1.) share a channel with another broadcast station, 2.) move to a VHF channel, or 3.) cease broadcasting altogether. Then, new entrants would make offers as to what they would bid for new spectrum. The Commission would compare and reconcile the two elements, consummate the transactions, and then repack the television spectrum to accommodate the amount and location of the new spectrum sold. This is a grossly simplified version of what the FCC, auction experts, and economists anticipate the incentive auctions will look like, but it was clear that the FCC has given incentive auctions a lot of thought and is eager for the opportunity to put the theory into practice. It will be interesting to finally have the FCC put this theory on paper and present it for public comment in the forthcoming NPRM. It will also be interesting to see how the FCC will conduct a rule making in the abstract, as it is almost guaranteed to not have any statutory authority for the type of auctions it will be seeking to draft regulations to govern.

Tags: Broadband Report, Digital Television, Television, incentive auctions, repacking, spectrum auctions

Posted on October 8, 2010 by Brendan Holland

Video Description Returns to Television, Closed Captioning Expands to the Internet

Update 10/15/10: A copy of the Davis Wright Tremaine advisory published on October 13 is now available here and provides further details about the new accessibility Act.

Last week Congress adopted legislation to promote the accessibility of communications and media services. The law, entitled the “Twenty First Century Communications and Video Accessibility Act of 2010”, is expected to be signed into law by President Obama, possibly as early as today, October 8th. The Act contains a number of changes to improve media accessibility, the most notable of which for broadcasters and cable operators is the reinstatement of the Commission’s defunct Video Description rules. The Act reinstates the FCC’s prior video description rules adopted in 2000 and subsequently struck down by the Court of Appeals in the case of MPAA v. FCC following a challenge to the rules by the Motion Picture Association of America, the National Association of Broadcasters, and the National Cable & Telecommunications Association. At the time, the Court found that the FCC did not have the authority to adopt video description rules, but Congress has now eliminated that issue by specifically authorizing the FCC to promulgate such rules and instructing it to reinstate the earlier regulations.

We are currently in the process of reviewing and summarizing the new legislation and expect to publish shortly a Davis Wright Tremaine advisory with complete details and a time line for implementation. Once that advisory is published, we'll update this post and provide a link. In the meantime, some of the highlights and specifics of the Act are detailed below:

The Act effectively reinstates video description rules adopted in 2000 as 47 CFR § 79.3 and struck down in MPAA v. FCC. The rules will go into effect within one year after enactment (i.e. by October 2011). Those rules will initially require that:

Affiliates of the Big 4 Networks (ABC, CBS, Fox, and NBC) in the top 25 DMAs will have to provide 50 hrs./quarter of prime time or children's programming with video description
The top 5 national nonbroadcast (i.e. cable) networks, must provide 50 hrs./quarter of programming with video description;
Broadcast stations and MVPDs with technical capability to do so generally must pass through video descriptions.

Before the rules go into effect, the FCC will conduct a rule making to make certain modifications to the 2000 rules including:

Updating the list of top 25 DMAs and top 5 cable networks, determining the first calendar quarter in which video description compliance will be required, and the phase-in for compliance;
specifying that the rules apply to television programming in digital format only;
specifying that live or near-live programming is not covered;
creating a way for covered programming providers or owners to seek exemptions
allowing FCC to exempt services, programs, and/or equipment (or classes thereof) based on economic burden

After all the above is complete, the rules as modified may be expanded to require a greater number of hours of video-described programming per quarter and to expand the television markets that must comply. However, such expansion of the rules would only be after the FCC provides Congress with a report on the financial, technical, and operational costs associated with video descriptions, and the availability, use, and benefits of video descriptions. According to the Act, the Commission may not issue additional regulations unless the Commission determines, at least two years after completing the required reports, that the need and benefit of the rules outweighs the costs of providing additional programming.

Tags: Digital Television, Emergency Communications

Posted on September 19, 2010 by Brendan Holland

Next Up in the DTV Transition, Low Power Television Stations

On Friday, the Commission released a Further Notice of Proposed Rule Making (FNPRM) seeking input on completing the transition of all low power television stations (LPTV) and TV translator stations to digital operations. Driven by the transition of all full power TV stations last year and the guidance from the National Broadband Plan, which recommended setting a deadline of 2015 for the transition of LPTVs to digital in order to increase efficiency in the TV bands and assist in the reallocation of those bands, the Commission's rulemaking turns to the remaining analog television operations in the spectrum, i.e. LPTV and TV translator stations. The Commission, having noted a significant increase in the past year of LPTV stations obtaining authority for, and actually switching to, DTV operations, concludes that "low power television stations should now begin to focus their time and resources on developing and implementing a digital conversion plan."

In response to the main question of "when?", the Commission suggests a date in 2012 as the hard date by which all LPTVs and TV translators would have to complete the construction of digital facilities and cease analog operations. While a specific date in 2012 is not offered, the Commission believes that three years after the June 12, 2009 full power transition should be a sufficient time period for completing the transition. And of course, given that it is now September 2010, that really means that LPTV stations would have between 15 and 27 months from today to complete the transition. The FNPRM does seek comment on alternative time frames or transition mechanisms, but notes that an adoption of an earlier transition date in 2012 might adversely impact some LPTV stations, which could "transition to digital only to find that their digital channel is no longer available as a result of the spectrum reallocation that is one of the recommendations in the Broadband Plan." Such stations would then be forced to transition a second time. Given that the Commission has not yet actually commenced a proceeding to implement the spectrum reallocation recommended in the Broadband Plan, this comment is a bit troubling. Clearly, if the Commission is actually going to reallocate the spectrum as suggested in the National Broadband Plan, it should do so first before it mandates a DTV transition for LPTVs. Or at the very least, it shouldn't mandate such a transition until it can ensure that LPTV stations are transitioning to digital on a channel that won't subsequently be reclaimed and re-purposed for a competing wireless broadband operation. In acknowledgment of this, the FNPRM seeks comment on whether the analog termination date should be by the end of 2015 or after the "recommended reallocation of spectrum from the broadcast TV bands".

Tags: DTV, Digital Television, LPTV, LPTV digital conversion, LPTV reimbursement program, LPTV transition, Low Power Television/Class A TV

Posted on September 15, 2010 by Brendan Holland

FCC Ready to Tap Returned TV Spectrum with New White Spaces Order

As the media has reported extensively this week (for example here and here) the FCC is poised to tap into the television spectrum to allow the use of that spectrum on an unlicensed basis, potentially leading to a wave of innovative unlicensed devices, including potentially turbo-charged Wi-Fi. On the tentative agenda released recently for the next open Commission meeting, to be held next Thursday, September 23rd, the Commission has included an item entitled: "TV White Spaces Second MO&O: A Second Memorandum Opinion and Order that will create opportunities for investment and innovation in advanced Wi-Fi technologies and a variety of broadband services by finalizing provisions for unlicensed wireless devices to operate in unused parts of TV spectrum."

As watchers of the TV white spaces issue will recall, the Commission adopted an Order in late 2008 to permit the operation of unlicensed devices in the so-called "TV white spaces", which is the spectrum in the TV band that is not actively occupied by a television station in a particular geographic area. (An earlier advisory by Davis Wright Tremaine summarizing the Commission's 2008 Order can be found here.) Following the adoption of that Order, over a dozen parties sought reconsideration of the Commission's decision; those petitions remain pending. It is not clear whether the proposed Order would be an Order on Reconsideration, but presumably it will address the issues raised by these petitioners. In addition, the NAB (National Association of Broadcasters) and others filed an appeal in the Court of Appeals for the D.C. Circuit seeking to challenge the FCC's white spaces Order. That appeal is on hold pending the Commission's resolution of the Petitions for Reconsideration. Despite the unresolved objections, in late 2009, the FCC moved forward with putting a spectrum management structure in place that would establish a privately maintained database that would permit coordination in order to locate unused spectrum in the TV band in a particular area. We summarized this step in an earlier blog entry here. In early 2010, nine parties submitted proposals to be designated TV Band Device Database Managers, but to date the matter remains pending.

Tags: Digital Television, General FCC, TV spectrum, Television, Wi-Fi, reclaimed spectrum, unlicensed devices, unlicensed wireless, using television spectrum for wireless broadband, white spaces

Posted on September 9, 2010 by Brendan Holland

For Sale to Highest Bidder: New DTV Stations in Delaware and New Jersey

Interested in a brand new full power digital television station in Atlantic City, New Jersey, or Seaford, Delaware? Then the FCC has just what you're looking for, provided that you're ready, willing, and able to build the station from the ground up and don't mind a low VHF channel. The Commission today issued the first auction notice regarding Auction No. 90 for the auction of two new full power commercial television stations. Having amended the DTV Table of Allotments earlier this year to drop in DTV Channel 4 at Atlantic City, New Jersey, and DTV Channel 5 at Seaford, Delaware, the Commission has moved quickly to the competitive bidding stage and starting the process to offer these new channels to interested parties. Today's Public Notice is the first step in the auction process and seeks comment on the rules and procedures for the auction, including the proposed minimum opening bid amounts that it has set for each station, namely, $200,000. The auction rules proposed by the Public Notice are consistent with those used in other recent broadcast auctions and don't really offer any surprises. The Commission does not propose a date for the proposed auction and that will be set by a future auction Notice. Comments on the Commission's proposed auction procedures and minimum bid amounts are due by September 30th, with replies due by October 15th.

By allocating and offering these new VHF channels for commercial television operations, the Commission is satisfying Section 331 of the Communications Act of 1934, as amended, which directs the Commission to allot at least one VHF TV channel to each state to the extent technically feasible. Given the recent and ongoing debate over the possible reclamation of television spectrum or changes to the television interference protections, it seems a bit counter-intuitive that the Commission is moving quickly to offer these two new full power TV stations, particularly in the (generally speaking) congested Mid-Atlantic Region. Further, given the issues encountered by other DTV stations in operating on low VHF channels, Channels 4 and 5 may not be seen as prime spectrum, again particularly in the congested Northeast. Both of those things said, however, a full power TV station is still a full power TV station. And cable and satellite must-carry rights are hard to come by, not to mention the fact that the stations are located in Atlantic City, NJ and central Delaware, respectively. So unless something radical happens in the next 12 months -- say like all consumers migrating to the consumption of television via the Internet instead of broadcast, cable, or satellite television -- it's likely that there will be a fair bit of interest in the auction of these two new stations.

Tags: Broadcast Auctions, DTV, Digital Television, FCC auction, Television, new TV stations

Posted on August 1, 2010 by Brendan Holland

FCC Begins Proceedings to Implement Changes to Satellite Television Rules as a Result of STELA

The FCC has issued another in a series of Notice of Proposed Rule Makings aimed at implementing changes to the satellite television rules brought about by the recently enacted Satellite Television Extension and Localism Act of 2010 or "STELA". In particular, by its NPRM issued last week, the Commission proposes a predictive model to provide presumptive determinations as to whether a household is considered unserved by a local network-affiliated digital station. The model proposed is a point-to-point predictive model that will allow parties to determine whether a particular location has the ability to receive an over-the-air digital television broadcast signal at the intensity level necessary for service. The predictive model proposed by the Commission is based on the current model used for predicting reception of analog signals, which uses Longley-Rice to predict signal propagation.

In proposing this predictive model, the Commission tentatively concludes that the current standard for an outdoor antenna should continue be used in predicting digital television signal strengths at individual locations. Although STELA revised the definition of an "unserved" household by changing the previous statutory reference to a "conventional, stationary outdoor rooftop antenna" to refer simply to the use of an "antenna" (as we mentioned in our earlier blog), the Commission's recent NPRM finds that the Act's specification of the DTV standard incorporated in the FCC's rules implies the use of an outdoor antenna to receive service. Therefore, the predictive model the Commission proposes in its NPRM for determining reception of over-the-air digital television signals will continue to include the outdoor antenna standard (with some adjustments for height). That said, and as the Commission itself notes, given that both of the satellite television providers are moving towards providing local-into-local service in most markets, the need for making determinations as to which households are "unserved" (and hence eligible to receive distant signals), is diminishing, although there are still a number of markets where such local-into-local service has yet to be implemented.

Although STELA also narrowed the unserved standard to focus just on the reception of signals from an in-market affiliate (rather than simply any affiliate) and to address the notion of multicast digital streams, these changes do not impact the Commission's adoption of a predictive model, and thus were not explicitly addressed by the NPRM. However, the Commission does include a Further Notice of Proposed Rule Making to address issues regarding on-site measurements in the event that a subscriber requests an on-site signal strength test following application of the predictive model. Here again, the Commission proposes to limit measurements to outdoor antennas. Comments on the Commission's proposed rule changes will be due 20 days after publication of the NPRM in the Federal Register, which, as of this writing, has not yet occurred.

Tags: Digital Television, Low Power Television/Class A TV, STELA, Television, antenna, satellite extension act, satellite television, significantly viewed

Posted on July 22, 2010 by David Oxenford

FCC Wants More Wireless Broadband from TV Spectrum - Congress and the White House Get In on the Action

While it's summer in Washington and things should slow down, the discussion of the need for wireless spectrum for broadband, and the related question of whether to reclaim television spectrum for that use, continues unabated. This week, the FCC released a new report finding that between 14 and 24 million Americans have no access to broadband, and finding that a disproportionate number of those people are in rural areas. While this report to Congress is meant as a factual report on the status of broadband deployment, and not a document that details solutions to the lack of access, both the statement about the report from FCC Chairman Julius Genachowski and the FCC Press Release summarizing the report, suggest that one way to address this shortcoming is to encourage the deployment of wireless broadband.

While the FCC did not, in these documents specifically mention the TV spectrum as a source for that wireless capacity, as we have written before, the FCC's Broadband Plan looks to the television spectrum for the majority of the spectrum that they hope to reclaim for broadband use. Joining the FCC's call for more spectrum was an even higher power. The White House recently issued a Presidential Memorandum supporting the idea that the FCC free up 500 mhz of spectrum for wireless broadband purposes. While the Memorandum tasked government agencies with finding ways to free spectrum that they are using to meet this perceived need, it also made clear that the government would look to meet part of the need by reclaiming spectrum from non-governmental users. And they are not the only ones getting into the Act.

Tags: Broadband Report, Digital Television, FCC broadband plan reuse of television spectrum, repurposing of TV spectrum for broadband, spectrum fees, spectrum reallocation, spectrum tax, wireless broadband

Posted on July 19, 2010 by David Oxenford

FCC Authorizes Mobile DTV Receivers Without Analog Tuners - Further Signals of the End of Analog LPTV, and Raises Questions of Recapture of TV Spectrum for Broadband

Last week, the FCC's Media Bureau granted waivers of the requirement that television tuners be capable of receiving both analog and digital television transmissions, but only with respect to tuners meant for mobile use. The FCC justified the waivers of the All Channel Receiver Act given the technological constraints that an analog reception chip would put on mobile receivers meant for the reception of the Mobile/Handheld Digital Television Standard (A/153) signals. This signal is being tested now to allow television broadcasters to provide mobile programming in addition to their current over-the-air broadcast signals - a service planned for commercial roll out at the end of the year. These waivers, granted in response to requests by Dell and LG Electronics, not only signal the seriousness with which this new service is being regarded, but also provide evidence of the coming end of analog television, now used solely by LPTV stations.

In considering the waiver, the Commission recognized that the only television stations that would be affected by the lack of an analog tuner were LPTV stations, and no such stations opposed the waiver request. As one of the waiver proponents noted, analog television signals were not meant for mobile reception, and thus the lack of such a receiver in a mobile device was no big loss. Moreover, the FCC noted that the digital conversion of LPTV stations has already begun, in that it no longer accepts applications for new analog LPTV stations. The Commission reiterated that it will soon set a date for the final conversion of the last analog LPTV stations to digital. Thus, the failure to receive analog would be, at most, a temporary issue.

Tags: Digital, Digital Television, LPTV digital conversion, LPTV digital transition, Low Power Television/Class A TV, Television, mobile, mobile DTV, repurposing of TV spectrum for broadband, use", using television spectrum for wireless broadband

Posted on June 21, 2010 by David Oxenford

Commissioner Clyburn Suggests TV Channels 5 and 6 Could Be Used For Radio - Will It Happen?

In a recent speech before the Community Radio Conference, FCC Commissioner Mignon Clyburn suggested that the proposal to reallocate Channels 5 and 6 for FM radio use had merit and should be considered further. That proposal is already before the FCC, and ripe for decision - so it could theoretically be adopted tomorrow. However, the proposal is not backed by all. While Commissioner Clyburn may think that the idea bears more exploration, there seems to be significantly more consideration that is necessary before a decision on the pending proposals can be made. What are these proposals, and what is standing in the way of a reallocation?

As we have written before, the proposals have been made to take TV Channels 5 and 6, which are immediately adjacent to the FM band, and reallocate them to radio broadcasting. The pending proposals include suggestions that LPFM stations could be located on the new FM channels that could be created, that new space for noncommercial radio operations could be created and, if they operated digitally, there would even be room to move the entire AM band to Channel 5. While some have suggested that any relief from such a transition would be long in coming, as radios would need to be manufactured, in fact that process might not be as prolonged as suggested, as the frequencies used by these television channels are already used for FM radio in Asia. Radios already exist that could pick up these channels (at least for analog reception). However, television interests have opposed this reallotment, but it may well be the broadband plan which could have the greatest impact on the consideration of this issue.

Tags: Broadband Report, DTV transition, Digital Television, FM Radio, LPFM, Low Power Television/Class A TV, channel 6 TV and FM, use of TV channel 5 and 6 for AM radio, using television spectrum for wireless broadband

Posted on June 9, 2010 by Brendan Holland

FCC Wastes No Time on Television Spectrum Reallocation

The FCC has wasted no time on the television reallocation proposal outlined in its National Broadband Plan, scheduling the first of four working sessions on the issue for two weeks from now. The first session will be held at the FCC on Friday, June 25, 2010 from 3:00 to 6:00 PM. These working sessions are intended to address the technical challenges of the reallocation proposal. According to today's Advisory released by the FCC, the Commission has invited "a number of broadcast industry engineers and technical experts in related fields" to participate in the sessions. On the agenda for the June 25th meeting are such topics as: The Cellularization of Broadcast Architecture, Methodologies for Repacking the TV Band, Advancements in Compression Technology, and Improvements in VHF Reception. It's not clear who has been invited to attend or what the goal of the meeting is with just 30 minutes allocated to each of these four huge topics, but it is clear that the FCC is full speed ahead on its proposed reallocation of spectrum from the TV bands. See our earlier posting here discussing the spectrum reallocation plan and the potential impact on broadcasters. The meeting is open to the public and available online at http://reboot.fcc.gov/live/ for those interested in following the proceedings, which should be just about everyone in the television broadcast industry.

Tags: Digital Television, TV band, Television, bandclearing, spectrum reallocation, television spectrum

Posted on May 12, 2010 by Brendan Holland

Congress Passes STELA Act Extending Satellite Television Provisions and Changing the Definition of Unserved Household

On Wednesday, Congress passed the Satellite Television Extension and Localism Act of 2010 (STELA), which extends the blanket copyright license allowing satellite television providers to deliver distant signals to "unserved" viewers who are unable to receive a signal from their local network affiliate. The Act extends that blanket license for five more years until December 31, 2014. Enactment of this bill (assuming President Obama signs it into law) will essentially extend the current blanket license scheme -- which previously expired on December 31, 2009, and which had been hastily extended temporarily a couple of times this year -- that governs the importation of distant signals. Although the Act did not tackle many of the issues that had been raised and debated regarding satellite television and the rebroadcast of local station over the past six months, the final bill does allow Dish Network to get back into the business of rebroadcasting distant signals directly, instead of through a third party. In exchange for this change in the law, Dish Network has committed to delivering local television signals into the remaining dozen or so markets in which it doesn't provide local-into-local service presently. By virtue of this trade, Dish will likely become the first satellite television provider to offer local TV stations via satellite in all 210 markets in the country.

One subtle, but potentially very significant change for broadcast stations is the fact that the rule changes the definition of what constitutes an "unserved household". Today, the law defines an unserved household (i.e., one that would be entitled to the importation of a distant signal) as: "...a household that cannot receive, through the use of a conventional, stationary, outdoor rooftop receiving antenna, an over-the-air signal of a primary network station affiliated with that network..." 47 USC 119(d)(10)(A). Now, however, the STELA Act changes that definition to simply state that an unserved household is one that: "...cannot receive, through the use of an antenna, an over-the-air signal..." Changing the definition to reception simply by "an antenna" instead of a "conventional, station, outdoor rooftop receiving antenna" would appear to mean that Congress has just extended the definition of unserved households to include those that cannot receive an adequate signal using rabbit ear antennas, not one that can't receive a signal using a 30-foot, fixed, outdoor antenna. This could lead to a significant change in the provision of distant signals and potentially eat away at a station's protected service area. How exactly this plays out and whether or not it allows the satellite providers to bring distant signals to households previously considered "served" remains to be seen.

Tags: Digital Television, STELA, STELA Act, Satellite reauthorization act, Shvera, importation of distant signals, multicast, network affiliates

Posted on April 29, 2010 by Brendan Holland

New Television Station Allocated for Southern Delaware

Contrary to recent rumors, the FCC is not out of the television broadcasting business just yet. In a decision released on Wednesday, the FCC has decided to allocate a new low VHF Television station to the state of Delaware. Responding in part to comments submitted by Delaware Senator Edward E. Kaufman, and over the objections of a few incumbent television stations, the Commission has decided that the community of Seaford, Delaware, in the southern part of the state, needs a new TV station on Channel 5. Quoting the Communications Act of 1934, as amended, which directs that "It shall be the policy of the Federal Communications Commission to allocate channels for very high frequency commercial television broadcasting in a manner which ensures that not less than one such channel shall be allocated to each State, if technically feasible," the FCC decided to allocate Channel 5 at Seaford in order to provide Delaware with its only VHF commercial television channel allotment.

Among the issues raised in opposition were the potential for harmful interference to adjacent stations; consumer confusion if the new Channel 5 were designated as "Channel 5" for PSIP (or virtual channel number) purposes; and the fact that some have advocated reallocating Channels 5 and 6 for use by FM radio. The FCC concluded that none of these issues was an impediment to the new allocation and it proceeded to drop in the new Channel 5, assigning it Channel 36 as its PSIP channel (which confusingly is the actual over-the-air channel of WTTG(TV) Channel 5 in Washington, DC, which had raised the objection over the use of "Channel 5" as the new Delaware station's virtual channel number.) Notably, the Commission dismissed out of hand the notion that it should avoid adopting new channel allotments or accepting applications on channels 5 and 6 because of the proposal to reallocate those channels to the FM radio service, stating that the FM radio proposal was still pending, that the Commission has not imposed a freeze on the use of these channels, and that the idea that the allocation of Channel 5 at Seaford would block any future radio service on Channel 5 is simply speculative. In addition, although the issue of reception problems associated with digital television stations on low VHF channels was raised by some of the commenters, the FCC's decision fails to address the issue at all, simply saying that the allocation complies with its technical rules. Finally, the Commission noted that the addition of Channel 5 at Seaford is not mutually exclusive with proposed reallocation of Channel 2 from Jackson, Wyoming to Wilmington, Delaware, which was rejected by the Commission earlier this year. The proponent of that move has appealed the FCC's denial to the Federal courts where it remains pending. Just how much interest there will be in an auction of a new low VHF channel in Seaford, Delaware remains to be seen, and the FCC will announce a window for interested parties to apply for the channel at some point in the future.

Tags: Digital Television, Seaford, Delaware, TV Channel 5, TV allocation, new television station

Posted on April 27, 2010 by Brendan Holland

FCC Reminds Video Programming Distributors to Register Closed Captioning Contact Info ASAP

The FCC today issued a further Public Notice reminding all Video Programming Distributors (VPDs)-- including those who might otherwise be exempt from some elements of the closed captioning rules -- to register their contact information with the FCC. All VPDs, including television stations, should have already identified appropriate contact people within their organizations and filed their contact information with the FCC. Although that info was due to the FCC by March 22, 2010, today's Public Notice, available here, indicates that many folks still have not yet complied with the new rules. Accordingly, the FCC is seeking to increase compliance by reminding VPDs of this obligation and encouraging distributors to register their contact belatedly. All television stations and other VPDs should ensure that they have taken the necessary steps and registered their contact information with the FCC. While the FCC has exercised its discretion thus far and issued a reminder instead of simply cracking down and commencing enforcement proceedings, video programming distributors are now on notice. And the next actions by the Commission with regard to this new rule will undoubtedly be more aggressive and could possibly involve enforcement actions.

As we've discussed previously, a new FCC closed captioning rule recently went into effect that requires video programming distributors to establish: 1.) a contact person for handling immediate closed captioning concerns, and 2.) a contact person for receiving written captioning complaints of a general or non-time sensitive nature. In order to assist viewers and potentially facilitate the resolution of such captioning complaints, the rule requires that video programming distributors publicize the appropriate contact information and also provide the contact information to the Commission, which will maintain a database open to consumers. Thus, by March 22, 2010, all television stations and other distributors were to have designated a contact person, posted the necessary contact information on their web site (and in any phone directories the distributor may advertise in), and submitted the information to the FCC.

If stations failed to file that info by March 22nd, they should do so immediately. The best way for stations to file this information with the FCC is to visit the FCC's website and submit the information online. The Commission’s website contains a detailed web form with step-by-step instructions to walk applicants through the process. Alternatively, the contact information can be e-mailed directly to the FCC’s Disability Rights Office at: CLOSEDCAPTIONING_POC@fcc.gov .

Video programming distributors must keep their contact information current and update both their websites and the Commission’s database within 10 business days of any changes to the information. Further details about the contact information requirement and the revised FCC closed captioning complaint rules can be found in our earlier posting here.

Tags: Digital Television, Emergency Communications, FCC captioning rules, Low Power Television/Class A TV, Television, captioning contact info, captions, closed captioning, video distributors

Posted on April 21, 2010 by Brendan Holland

FCC's Assessment of $30,000 Fine Reminds Television Stations to Publicize the Existence and Location of Children's Television Programming Reports

The FCC today issued a Forfeiture Order imposing a $30,000 fine on the licensee of three television stations for the stations' failure to publicize the existence and location of the Children's Television Reports for the Stations. Even at a rate of $10,000 per station, this fine is significant and should serve as a loud, clear reminder to all television stations to publicize the existence and location of their FCC Form 398 Children's Television Reports. The FCC considers the reports, which are filed quarterly with the FCC, as an important resource for parents and the community. And as is clear from today's decision, the FCC takes the requirement that stations inform viewers about the existence of these reports very seriously. While stations make a certification each quarter as part of the Form 398 that they are publicizing the reports and informing folks about where copies can be obtained, stations should take a moment to confirm that they are, in fact, following this regulation.

In the case decided today, the licensee itself had brought the issue to the Commission's attention as part of its license renewal application. In connection with its renewal filing, the licensee discovered that it had inadvertently failed to publicize the existence and location of the reports during the entire license term. As required, it disclosed that issue on its renewal application. Despite the fact that the violation was voluntarily disclosed and was claimed to be based on a misunderstanding, however, the Commission ignored the request for a reduction of the proposed forfeiture and hit the station with a fine of $10,000 per station, finding a repeated and willful violation of the Commission's Rules.

Thus, television stations should make sure that they are following this rule by running periodic spots on the station, placing information and links on their websites, and publicizing the Form 398 Reports in any other fashion they see fit. While the Commission has provided little, if any, guidance over the years about exactly how stations should publicize this information, or how often spots should be run on the station, what is abundantly clear from today's decision is that stations need to do something throughout the course of their license term to make viewers in their community aware that the Children's Programming Reports exist and that they are available for public review, both on the Commission's website and in the station's public inspection file. With changes in personnel, software, and equipment that inevitably occurs at stations over time, this is a good time for stations to confirm that their procedures are still in place and are actually being followed to publicize the Children's Reports. A full copy of today's decision is available here.

Tags: Children's Programming and Advertising, Digital Television, FCC Fines, FCC Form 398, FCC forfeiture, children's programming reports, fine, forefeiture, form 398, kid vid

Posted on March 17, 2010 by Brendan Holland

Reminder: Closed Captioning Contact Info Due by March 22, 2010

Just a reminder that all Video Programming Distributors -- which includes broadcast television stations -- must identify a contact person for closed captioning issues, both immediate issues and general complaints, and file that contact information with the FCC by March 22, 2010. As we've discussed previously, new FCC closed captioning rules recently went into effect that require video programming distributors to establish a contact for handling immediate closed captioning concerns, as well a contact for receiving written captioning complaints of a general or non-time sensitive nature. In order to assist viewers and potentially facilitate the resolution of such captioning complaints, the rules require that video programming distributors publicize the appropriate contact information and also provide the information to the Commission, which will maintain a database open to consumers.

Accordingly, by March 22, 2010, television stations must designate a contact person, post the necessary contact information on their web site (and in any phone directories the station may advertise in), and submit the information to the FCC. The best way for stations to file this information with the FCC is to visit the FCC's Web site and submit the information online. The Commission’s Web site contains a detailed form with step-by-step instructions that will walk applicants through the process. Alternatively, the contact information can be e-mailed directly to the FCC’s Disability Rights Office at: CLOSEDCAPTIONING_POC@fcc.gov.

Video programming distributors must keep their contact information current and update both their Web sites and the Commission’s database within 10 business days of any changes to the information. Further details about the contact information requirement and the revised FCC closed captioning complaint rules can be found in our earlier posting here.

Tags: Digital Television, Emergency Communications, Low Power Television/Class A TV, Programming Regulations, TV, Television, captioning, captioning complaints, captioning rules, captions, closed captioning

Posted on March 16, 2010 by David Oxenford

FCC National Broadband Plan - What It Suggests for TV Broadcasters Spectrum

The FCC today released its National Broadband Plan to Congress, and in it spelled out its suggestions for the future of television. Facilitating the deployment of ubiquitous, dependable wireless broadband service is identified as a fundamental goal of the Commission’s proposals. The authors of the Commission’s report have viewed the problems experienced by some wireless broadband providers in major markets as indicative of a coming shortage in wireless capacity. Specifically, the Commission is concerned that as more and more applications for wireless broadband are deployed, the capacity of existing wireless spectrum will be exhausted, foreclosing opportunities presented by wireless broadband. And, as detailed below, the Commission sees the television spectrum as providing a significant part of the answer to that perceived spectrum shortfall.

The opportunities for broadband are many, in the view of the authors of the study. The Commission sees growing demand and future applications for wireless broadband not just in the areas of entertainment and commercial applications, but also in education, health, energy conservation, civic involvement, and public safety, among others. However, the Commission fears that sufficient spectrum will not be available to meet all of these needs.

Tags: Broadband Report, Digital Television, LPTV digital conversion, On Line Media, national broadband plan, over the air television future, proposals for use of TV spectrum for wireless broadband, repurposing of TV spectrum for broadband, spectrum tax, value of television, white spaces, wireless broadband

Posted on March 3, 2010 by David Oxenford

FCC Clarifies Application of the Multiple Ownership Rules After the Digital Transition Makes the Grade A Contour Disappear

The FCC's rules limiting the common ownership of radio and television stations, and of television stations and daily newspapers, are triggered by the Grade A contours of the television station encompassing the city of license of the radio station, or the city in which the newspaper is published. Since June, there has been one problem with the application of that rule (Section 73.3555) - television stations in the digital world no longer have Grade A contours. When adopting service contours for digital television, the FCC specified a Noise Limited Service Contour ("NLSC") as essentially the equivalent of the Grade B contour of an analog television signal - the contour at which the majority of people can receive the signal a majority of the time. The FCC also specified a principal city contour - the signal level that needed to be placed over a station's city of license. But the FCC never bothered to specify the Grade A contour, despite the fact that the cross-ownership rules were premised on that contour. In a case decided last week involving the financial restructuring of a radio company, the FCC's Media Bureau staff decided that they would use the NLSC as a proxy for the Grade A contour until such time as the full Commission otherwise directed.

This decision actually makes common ownership of television stations and either newspapers or radio stations somewhat more difficult, as the noise limited contour, approximating the old analog Grade B contour, actually extends further than where the Grade A contour would have reached (when a digital station replicated its analog service area). Thus, using this standard, the owners of a television station could be precluded from having attributable interests in radio stations or daily papers in more communities than would have been the case in the analog world. As the FCC is now embarking on its review of the multiple ownership rules (as we have written before), the FCC may well revisit this issue in the course of that review.

Tags: Digital Television, Multiple Ownership Rules, Nassau Broadcasting restructuring, broadcast foreclosure, broadcast restructuring, newspaper television cross ownership, noise limited service contour, radio television cross ownership, section 73.3555, television Grade A contour, television radio cross ownership

Posted on January 7, 2010 by David Oxenford

Looking Into the Crystal Ball - What Can Broadcasters Expect from Washington in 2010?

Another year is upon us, and it’s time for predictions as to what Washington may have in store for broadcasters in 2010. Each year, when we look at what might be coming, we are amazed at the number of issues that could affect the industry – often issues that are the same year to year as final decisions are often hard to come by in Washington with the interplay between the FCC and other government agencies, the courts and Congress. This year, as usual, we see a whole list of issues, many of which remain from prior years. But this year is different, as we have had a list topped by issues such as the suggestion that television spectrum be reallotted for wireless uses and the radio performance royalty, that could fundamentally affect the broadcast business. The new administration at the FCC is only beginning to get down to business, having filling most of the decision-making positions at the Commission. Thus far, its attention has been focused on broadband, working diligently to complete a report to Congress on plans for implementation of a national broadband plan, a report that is required to be issued in February. But, from what little we have seen from the new Commission and its employees, there seems to be a willingness to reexamine many of the fundamental tenants of broadcasting. And Congress is not shy about offering its own opinions on how to make broadcasting "better." This willingness to reexamine some of the most fundamental tenets of broadcasting should make this a most interesting, and potentially frightening, year. Some of the issues to likely be facing television, radio and the broadcasting industry generally are set out below.

Television Issues.

In the television world, at this time last year, we were discussing the end of the digital television transition, and expressing the concern of broadcasters about the FCC’s White Spaces decision allowing unlicensed wireless devices into the television spectrum. While the White Spaces process still has not been finalized, that concern over the encroachment on the TV spectrum has taken a back seat to a far more fundamental issue of whether to repurpose large chunks of the television spectrum (if not the entire spectrum) for wireless users, while compressing television into an even smaller part of what’s left of the television band – if not migrating it altogether to multichannel providers like cable or satellite, with subscription fees for the poorest citizens being paid for from spectrum auction receipts. This proposal, while floated for years in academic circles, has in the last three months become one that is being legitimately debated in Washington, and one that television broadcasters have to take seriously, no matter how absurd it may seem at first glance. Who would have thought that just six month after the completion of the digital transition, when so much time and effort was expended to make sure that homes that receive free over-the-air television would not be adversely impacted by the digital transition, we could now be talking about abolishing free over-the-air television entirely? This cannot happen overnight, and it is a process sure to be resisted as broadcasters seek to protect their ability to roll out new digital multicast channels and their mobile platforms. But it is a real proposal which, if implemented, could fundamentally change the face of the television industry. Watch for this debate to continue this year.

Posted on December 6, 2009 by David Oxenford

In Less Than 3 Weeks, Let's Provide Detailed Analysis on Fundamentally Changing the Television Industry - Comments Sought on Encouraging Internet Video in Addition to Repurposing TV Spectrum

Only a day after asking over-the-air television broadcasters to justify their existence and why some or all of their spectrum should not be reclaimed by the FCC to be used for wireless broadband (and giving interested parties only until December 21 to not only justify their existence, but also to come up with technical means by which the spectrum could be more efficiently used, business plans for their future use of the spectrum, and a survey of the competing needs for that spectrum - see more detail below), the FCC issued another request for comments, asking how current video devices could be made more accommodating to Internet video. These comments, also due on December 21, seemingly bring consumer electronics manufacturers and multi-channel video providers into the FCC's rapidly-expanding evaluation of the video industry and its future. As the comments filed in connection with these two requests will no doubt lead to proposals to be included in the FCC's February report to Congress on strategies for broadband deployment, these quickly prepared filings could help determine the future of the video industry for the foreseeable future.

The new proceeding, looking for a "plug and play" model of consumer video devices that can access conventional television delivery systems and the Internet, starts with the statement that Internet video is "tremendously popular" and a prediction that, as it expands, new applications for such video will be found. The Commission says that it sees Internet video as one way of spurring broadband adoption. How to best promote the plug and play model for consumer video devices that can access the Internet is the crux of the comments that the FCC seeks. The Commission first asks whether there are currently video devices that allow televisions to view not only the programming provided by multichannel video providers (e.g. cable and satellite), but also Internet video that may be available through an Internet service provided by that same MVPD, stating that it was not aware of such devices. Next, the Commission asks what would be necessary to develop such devices, and what rules the Commission could adopt to possibly require capabilities in set top boxes and other devices to provide this universal access to video programming of all sorts. The third area of inquiry from the Commission asks about standards that could be adopted to make Internet video and video from other sources interact with all other home audio and video equipment, including DVRs, to bring about the "digital living room." And finally the Commission asks what stands in the way of plug and play devices that will work with all networks by which video is delivered.

Tags: Cable Carriage, Digital Television, Internet Video, On Line Media, Television, access to internet video, broadband deployment, future of television, internet access to television sets, internet enabled tv, plug and play internet devices, reclaimed digital television spectrum, set top box, using television spectrum for wireless broadband

Posted on December 2, 2009 by Brendan Holland

FCC Seeks Input on Use of TV Spectrum; Comments due Dec. 21

The FCC has wasted no time in pressing ahead with the discussion of whether the spectrum currently used by local broadcast television stations is being put to the greatest use and whether it should be "re-purposed" for the so-called broadband effort. This afternoon, the FCC issued a Public Notice soliciting comments by December 21st regarding the demand for spectrum, the factors the FCC should review when considering the re-purposing of TV spectrum, and potential approaches to increasing spectrum availability and efficiency. Although the Public Notice asks broad, far-ranging policy questions, the comment date for the "specific data" that the Commission seeks to obtain from interested parties is less than three weeks away, which hardly seems adequate for a proper, informed discussion on an issue of this magnitude. The specific topics of discussion identified by the Commission and details about how to submit comments can be found in the Commission's Notice.

Among the issues broadcasters will undoubtedly address (and indeed have already begun to address in other forums) is the fact that the forthcoming spectrum crisis -- which seems to have become a given in certain circles -- has not been well substantiated. Related to that is the notion that broadcasters already have the ability to lease any "excess" digital television spectrum and use the capacity to provide broadband access, mobile services, or virtually anything else under the sun. Stations will likely suggest that this mechanism will allow the wireless broadband market to tap this spectrum without further government intervention, if and when the demands of the wireless market require it. Other issues sure to be of discussion is the value of local broadcast stations, the usefulness of free over-the-air broadcasting, the future of broadcast journalism, and the service stations provide to the public, just to name a few. It will be challenging, to say the least, for commenters to quantify and address any of these significant questions within just 19 days.

Having just completed the DTV transition six months ago, it seems that broadcasters have barely been given a chance to operate on their digital spectrum and to explore the options afforded by the transition in terms of high-definition, multicasting, data casting, broadband access, and mobile TV, just to name a few, before having to rush to defend its use, or lack thereof. The Commission's rush to solicit comments is clearly guided by its need to develop a broadband plan early next year, however, the issues raised by today's Public Notice are among the most significant it has ever attempted to address, certainly with respect to broadcasting and mass media. It goes without saying, but there is much, much more to be said about these issues, so stay tuned. And see our earlier blog entries (including here) for further thoughts on the matter.

Tags: DTV, Digital, Digital Television, General FCC, Low Power Television/Class A TV, TV, Television, broadband, for, of, policy, repurposing, spectrum

Posted on November 25, 2009 by David Oxenford

FCC Starts Next Step of TV White Spaces Deployment - Issues RFP for Database Manager to Track Interference Concerns

A year after the FCC issued its order adopting the "White Spaces" proposals (about which we wrote here and here), to allow wireless devices to operate in unused portions of the television band on a non-interference basis, the FCC took its first steps toward actual implementation of that order by issuing a request for Proposals from entities wishing to be considered for the position of Database Manager. This Database Manager will play a very important role in the implementation of the White Spaces order, as it will identify all of the current operators in the TV band that the new wireless devices will have to protect while operating in a given region. In its White Spaces order, the FCC concluded that not all of these devices could, on their own, adequately sense where there were TV stations or other spectrum users that needed to be protected. Thus, the White Spaces devices need to be able to communicate with the database to be maintained by the Manager, to make sure that they are operating on clear portions of the television spectrum. White Spaces devices need to protect not only full power TV stations, but also Low Power TV stations and TV translators, as well as the path between a full-power TV station and any translator that rebroadcasts that station. Cable system headends which pick up TV signals must also be protected, as well as land mobile users who use portions of the TV band. Certain regular users of wireless microphones also need to be protected - so the database will need to be very detailed to give the White Spaces devices access to information about all of these existing users who must be protected.

In its Request for Proposal, the FCC has asked that proposed Database Managers provide extensive information by the January 4, 2010 filing deadline. Information requested includes the following:

1. The entity must demonstrate that it possesses sufficient technical expertise to administer a TV band database. It must demonstrate that it has a viable business plan to operate a database for the five-year term the rules. To the extent that the proponent will rely on fees from registrations or queries, the proposal should describe the fee collection process.

2. The entity must describe in detail the scope of the database functions that it intends to perform, such as managing a data repository, performing calculations to determine available channels, and/or registering fixed unlicensed devices and licensed services not listed in the Commission’s databases, or how it will have functions performed in a secure and reliable manner by another entity. The entity must also describe how data will be synchronized between multiple databases if multiple databases are authorized and how quickly this synchronization of data will be accomplished.

3. The entity must provide diagrams showing the architecture of the database system and a detailed description of how each function operates and how each function interacts with the other functions.

4. If the entity will not be performing all database functions, it must provide information on the entities operating other functions and the business relationship between itself and these other entities. In particular, it must address how the Commission can ensure that all of the requirements for TV band database administrators in the rules are satisfied when database functions are divided among multiple entities, including a description of how data will be transferred among these various related entities and other databases if multiple databases are authorized and the expected schedule of such data transfers (e.g. real-time, once an hour, etc.)

5. The entity must describe the methods that will be used by TV band devices to communicate with the database and the procedures, if any, that it plans to use to verify that a device can properly communicate with the database. It must include a description of the security methods that will be used to ensure that unauthorized parties can not access or alter the database or otherwise corrupt the operation of the database system in performing its intended functions. In addition, the entity should describe whether and how security methods will be used to verify that Mode I personal/portable devices that rely on another device for their geographic location information have received equipment authorization, interfaces, protocols) that will be used by TV band devices to communicate with the database and the procedures, if any, that it plans to use to verify that a device can properly communicate with the database. It must include a description of the security methods that will be used to ensure that unauthorized parties can not access or alter the database or otherwise corrupt the operation of the database system in performing its intended functions. In addition, the entity should describe whether and how security methods will be used to verify that Mode I personal/portable devices that rely on another device for their geographic location information have received equipment authorization.

Tags: Digital Television, Television, White spaces database manager, interference protection in TV band, interference protection of translator input channels, reuse of TV spectrum, spectrum sensing, television white spaces, white spaces, wireless broadband, wireless devices in the television spectrum, wireless microphone

Posted on November 19, 2009 by David Oxenford

Davis Wright Tremaine Attorneys Speak at Future of Television Conference

DWT attorneys David Oxenford and Ronnie London both spoke at the Future of Television - East Conference held in New York City on November 18-19, 2009. Dave delivered introductory remarks to the Conference, and participated with Shelly Palmer, Host of MediaBytes, in a discussion "What's the Industry Buzz.". Dave discussed the role of Washington in the Future of Television, outlining the issues facing "television" in its broadest sense - including broadband deployment, net neutrality, the battle over the spectrum, privacy, piracy and content protection, and content regulation. The slides from his presentation are available here.

Ronnie was a panelist on a panel called The Future of Online Video, participating in a discussion with several CEOs of online video companies. Ronnie discussed issues including FTC disclosure obligations, sponsorship identification requirements, and privacy concerns for companies offering on-line video.

Tags: Appearances, Digital Television, Internet Video, On Line Media, Television, future of television conference

Posted on November 16, 2009 by Brendan Holland

DTV Station Reminder: FCC Form 317 Reporting of Ancillary Services Due Dec. 1st

By December 1, 2009, all commercial and noncommercial digital television (DTV) stations must electronically file a FCC Form 317 with the Commission reporting on whether the station has provided any ancillary and supplementary services over their digital spectrum during the twelve-month period ending on September 30, 2009.

Under the Commission's Rules, in addition to providing free over-the-air broadcast television, DTV stations are permitted to offer services of any nature, consistent with the public interest, convenience, and necessity, on an ancillary or supplementary basis. Some examples of the kinds of services that may be provided include computer software distribution, data transmissions, teletext, interactive materials, aural messages, paging services, audio signals, and subscription video.

All DTV stations -- regardless of whether the station holds a DTV license or is operating pursuant to Special Temporary Authority (STA), program test authority (PTA), or some other authority -- must file a Form 317 reporting whether or not it provided such services and whether it generated any income from such services. If the station did provide such ancillary services, then the FCC wants to know about it. More importantly, if the station generated revenue from the provision of those services, then the FCC wants its 5% cut of the gross revenues derived from such service. The Form 317 is very brief, soliciting information about the license and the types of services provided, if any, and must be filed electronically through the CDBS filing system.

Tags: DTV, Digital, Digital Television, TV, Television, broadcast, for, mobile, of, spectrum, spectrumDTV, taking, transition, use, wireless

Posted on October 26, 2009 by David Oxenford

Could Calls on the FCC for More Spectrum Lead to the End of Over The Air TV?

An article from TV NewsCheck last week reported on an approach by an FCC representative to television operators, floating an idea that the FCC would "buy" TV spectrum from existing television station operators, and repurpose that spectrum for wireless users - presumably some sort of wireless broadband. The funds to buy the spectrum would come from the auction of the frequencies. Over-the-air TV viewers would perhaps be left with a limited over-the-air service. Today, another article cites a study filed at the Commission that suggests that the auction of TV spectrum could bring in more than three times the value of what that spectrum is for broadcasting. Could these developments grow into a ground swell that could signal the end of over-the-air television? Nicholas Negroponte made the much quoted observation almost 15 years ago, before the Internet was the multi-media service that it is today - that communications devices that were wired will become unwired, and those that were wireless would become wired - the "Negroponte Switch" or the process of "unwiring." But is this switch inevitable for television, and is it in the industry's best interest?

The theory of unwiring looked at the growing demands of wireless data networks for more and more bandwidth. While voice and data services were, at one time, wired services (the plain old telephone, the fax, even the telegraph), more and more of that information is now being digitally packaged and delivered wirelessly. At the same time, video programming was delivered through wireless over-the-air television (though no one ever referred to it as "wireless"), but each year is more and more delivered by wired means (by cable companies and what used to be telephone companies). At this point, estimates are that only a bit more than 10% of television households get their television programming exclusively from over-the-air reception. Looking at this transition, some have theorized that the progression would continue, and the broadcast services would end up being delivered to fixed locations by wire, while the data services would be delivered wirelessly.

Tags: Cable Carriage, Digital Television, Television, digital transition, mobile digital television use, negroponte switch, taking broadcast spectrum for wireless, taking television spectrum for wireless, use of TV spectrum, use of television spectrum

Posted on October 13, 2009 by David Oxenford

FCC Announces Date on Which Noncommercial FM Stations Can Ignore Analog Channel 6 TV Allotments

The FCC today announced that, effective October 27, noncommercial FM stations need no longer protect Channel 6 analog television channels. The lower end of the FM band, which is reserved for noncommercial educational FM broadcasting, is immediately adjacent to TV Channel 6. As most television stations abandoned Channel 6 in June when the digital television transition occurred, noncommercial stations had been protecting stations that were no longer there. However, as we wrote here, the FCC wanted to deal with noncommercial licensees that were trying to jump the gun by filing applications contingent on the disappearance of the Channel 6 station even before the analog television stations had stopped operating. To give all noncommercial FM stations an equal opportunity to take advantage of the clearing of Channel 6 in most television markets, the Commission set this uniform date for taking advantage of this change in television station operations. Of course, noncommercial FM stations need to protect the handful of television stations that continue to operate digitally on Channel 6. Today's public notice notes that noncommercial FM applications trying to take advantage of the fact that Channel 6 has been vacated in their market by filing an application before the October 27 date will be dismissed unless they had specific unconditional permission of the Channel 6 station.

Note that while the FCC has made the process equal for all noncommercial FM stations, there are questions about whether an unfair advantage may have been given to some LPTV stations in the recent LPTV filing window, where channel 6 applications were not prohibited (see our post here). Some noncommercial broadcasters were concerned that some of these LPTV applicants could take advantage of the vacating of Channel 6 in their market by filing an application for a new LPTV station that could preclude the filing of an FM application once the window announced in this public notice opened. To some extent, this may not be a major issue, as the LPTV window for applications for major markets does not open until January. But we will see if this concern actually resulted in any issues in more rural areas as the LPTV applications that have already been filed in these areas are processed in coming months. But for NCE FM stations that were precluded from filing for upgrades by a Channel 6 TV station that disappeared after the digital transition, the wait for filing opportunities will soon be over.

Tags: Digital Television, LPTV channel 6 operations, Low Power Television/Class A TV, NCE application, Noncommercial Broadcasting, channel 6 TV and FM, digital television conversion, digital television transition, freeze on NCE applications, freeze on channel 6 operations, noncommercial FM applications

Posted on September 30, 2009 by David Oxenford

Will TV Channel 6 Be Used For Radio? - MMTC Petition Raises the Issue, Again

With the end of the DTV transition, the future use of TV channels 5 and 6, about which we have written before, is now back before the Commission in connection with an FCC filing by the Minority Media and Telecommunications Council, whose "radio rescue petition" was recently placed on a public notice opening a 30 day public comment period. The FCC already has before it comments filed in its Diversity proceeding suggesting that these channels be reallocated for radio use, as Channel 6 is immediately adjacent to the lower end of the FM band, and the sound from many analog channel 6 TV stations could be heard on FM receivers. While this petition has been opposed by certain TV interests, it is interesting to note that many television operators have been acknowledging that VHF channels, which had been the preferred channels for analog operations, may not be as advantageous for digital use, especially in urban areas, and may be particularly problematic for use with mobile digital television systems which are about to be introduced.

In an analog world, VHF channels (those between 2 and 13) were prized by broadcasters, as stations operating on those channels could operate at power levels significantly lower than UHF stations (saving electricity costs), and still cover greater areas. Many broadcasters thought that these benefits, particularly the lower power costs, would carry over into the digital world, and opted to remain on VHF channels for their digital operations - in some case abandoning the UHF temporary transition channel on which they were operating digitally during the period when they were running both a digital and an analog station before the end of the transition, to return to their VHF channel for their final digital operation. Right after the digital transition was complete and these stations had moved back to their old VHF channels for their digital operations, in several major markets, many broadcasters operating on VHF channels found that their digital operations had significant problems, as the power levels were insufficient to reach many over-the-air sets, particularly those using "rabbit ears" antennas in urban areas.

Tags: DTV interference, DTV reception issues, Digital Television, FM Radio, FM and TV interference, FM reserved band, LPTV channel 6 operations, TV channel 5 and 6 use for radio, TV channel changes, UHF reception for DTV, VHF stations and DTV issues, freeze on channel 6 operations, moblie DTV

Posted on August 30, 2009 by David Oxenford

David Oxenford Speaks at Columbia Institute for Tele-Information Symposium on the Digital Television Transition

David Oxenford presented on the topic "The View from Washington –Issues Posed by the DTV Transition" at the Columbia Institute for Tele-Information Symposium Digital TV Transitions: DTV Switchover, Mobile TV, IPTV Lessons and Projections, held at Columbia University in New York City on October 2, 2009. David discussed issues including low power television's continuing transition, the possible use of TV Channel 6 for radio, DTV reception issues in major markets, and the FCC's OTARD rules restricting zoning and land use regulations on home television antennas.

Tags: Appearances, Digital Television, OTARD, channel 6 TV and FM, low power television transition to digital, restrictions on home antennas, use of TV channel 6 for LPFM

Posted on August 7, 2009 by David Oxenford

FCC's OTARD Rules - Limiting Zoning and Land Use Restrictions on Outdoor TV Antennas

Following the digital transition, issues with the reception of some television stations have highlighted the need for the use of outdoor antennas to receive the digital signal. Last week, in three FCC decisions, the Commission made clear that its Over-the-Air Reception Device rules (the "OTARD rules") prohibit most zoning and other land-use restrictions, both governmental and private, on the use of such antennas. These rules were adopted as a result of Congressional actions, and prohibit many restrictions on the installation and use of antennas used to receive television and other video signals either on private property owned by the user of the antenna or on property leased by the user. Stations should become familiar with these rules, and let their viewers know of the rules, so that they can use them if they have problems installing antennas to receive the new digital signals over the air.

The rules apply to antennas that are one meter or less in diameter, or any size in Alaska, and are designed to receive or transmit direct broadcast satellite services, or one meter or less in diagonal measurement and are designed to receive or transmit video programming services through multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services; and antennas designed to receive television broadcast signals. For the Rule to apply, the antenna must be installed on property within the exclusive use or control of the antenna user where the user has a direct or indirect ownership or leasehold interest in the property upon which the antenna is located.

Tags: DTV conversion, DTV reception, Digital Television, General FCC, OTARD, Tower Issues, condo rules on TV antenna, outdoor TV antenna, over the air reception device, zoning restrictions on TV antenna

Posted on July 2, 2009 by Brendan Holland

Filing Opportunity for LPTV and Translator Stations in Rural Areas Commences August 25th; Nationwide Window Opens Jan. 25, 2010

This week, the FCC announced that it will begin accepting applications for new digital-only LPTV and translator stations in rural areas as of August 25, 2009. Beginning on that date, the FCC will also begin to accept applications for major changes to existing analog and digital LPTV and TV translators in rural areas, and applications for digital companion channels (DCCs) for existing analog stations in rural areas. By "rural areas", the FCC means stations that specify a transmitter site that is located more than 75 miles away from the reference coordinates of the 100 U.S. cities listed in the FCC’s Public Notice. Applications for new analog facilities will not be accepted. This filing opportunity will be on a first-come, first-served processing basis, and mutually exclusive proposals will be resolved by auction. A copy of the FCC's Public Notice is available here.

While this window is for new stations, major changes, and DCCs in rural areas, prior to that date all existing LPTV, TV translator, and Class A television stations may wish to review their present options for converting to DTV. The Commission’s Public Notice reminds existing stations that they may file an application for on-channel digital conversion (i.e. flash-cut) at any time. In order to retain processing priority, existing stations are encouraged to file flash-cut applications prior to August 25th, and certainly by January 25, 2010, at which point the FCC will open the door for new digital licensing opportunities on a nationwide first-come, first-served, as discussed below.

Tags: DTV, Digital Television, LPTV, Low Power Television/Class A TV, TV translators, Television, flash-cut, low power television stations

Posted on June 15, 2009 by David Oxenford

Analog Television - Not Dead Yet - Not All LPTV Stations are Digital

Reading the papers and watching the news this weekend, one would think that analog television is a relic of the past - something that we can all soon look back at fondly as a quaint childhood memory, never to be seen again. Yet all the reports fail to mention that for populations that watch their over-the-air television from TV translators or Low Power TV stations, analog television is still very much a reality, and in some places will be for years until the FCC sets a deadline for the digital conversion of these stations. Many of these stations operate in rural areas or serve minority or other specialized audiences, perhaps explaining the lack of coverage in the mainstream media. But, given all the publicity that has been accorded to the "completion" of the conversion, some of these populations may well have been confused by the process. We've writtenabout this issue and how it could have created confusion in smaller markets which have service by both full-power and low power TV stations, here.

The transition of LPTV to digital raises a number of issues - including the ability of these stations to deliver radio-type programming when operating on Channel 6. As we've written, LPTV stations on Channel 6 have been used to provide radio services, as Channel 6 is immediately adjacent to the FM band and can be picked up on most radio receivers.. However, when the ultimate transition of LPTV to digital is completed, the ability of these stations to provide a radio-type service will probably disappear, as the audio system used by digital television will not be picked up by analog radio receivers.

Tags: Digital Television, LPTV digital transition, Low Power Television/Class A TV, TV channel 6, TV channel 6 used for radio, TV translator digital conversion, analog television, funds for translator digital conversion

Posted on June 9, 2009 by Brendan Holland

FCC Reminds Stations of Obligation to Man the Phones and Assist Viewers

On Tuesday, the FCC released a public notice reminding stations of their obligation to provide a consumer referral telephone number to the FCC and to publicize that number so that viewers will have a local number to call for specific information about the station’s transition to DTV.

In addition, the FCC also reminded stations that they should be prepared to answer calls from viewers in the hours immediately after their transition and in the days that follow. The FCC’s rules require that stations offer information and assistance for viewers having difficulty receiving their signal. Per the FCC: The station’s consumer referral number "should be staffed with personnel prepared to answer complex questions from viewers, particularly regarding necessary actions to take to get reception in specific locations, and other engineering issues." In particular, stations must be prepared and staffed for an increased volume of calls, both referred from the FCC’s National Call Center and locally originating, at the time the station terminates its analog signal. The FCC’s Call Center will be available 24 hours a day for the days surrounding the June 12 transition, forwarding calls directly to stations where necessary.

Tags: DTV, DTV transition, Digital Television, FCC, digital TV, digital television transition

Posted on June 4, 2009 by Brendan Holland

FCC Provides Guidance on DTV Call Signs

Further information from the FCC regarding the DTV transition, this time dealing with call signs. The FCC has announced that following the DTV transition, full power television stations may either keep their current call signs (i.e. WXYZ or WXYZ-TV) or they may formally change to use "-DT" instead, as in "WXYZ-DT".

Stations that intend to keep their current call signs do not need to take any action.

Stations that wish to use "-DT" must change their call letters using the Commission's on-line call sign reservation system. The change can be requested after the station has completed the permanent transition to digital service and there will be no charge for the call sign change.

For the handful of stations that are DTV-only stations, i.e. those that never had an analog channel, those stations have already been designated "-DT" and will retain that designation without any further action. If a DTV-only station wishes to switch from "-DT" to "-TV", it may file a call sign change request at no charge to make that change.

A copy of the FCC's recent Public Notice on this issue is available here, and a link to the FCC's call sign reservation database is here.

Tags: Call signs, DTV, DTV transition, Digital Television, FCC, call letters, digital TV

Posted on June 3, 2009 by Brendan Holland

FCC Clarifies Commencement of DTV on June 12th

The FCC yesterday issued a brief Order clarifying that stations that are flash-cutting to digital on their analog channel, or are otherwise commencing digital service on another channel as part of the transition, have the flexibility to do so at any time on June 12th without further authorization from the FCC.

[Please note, this information does not affect stations whose pre-transition and post-transition digital channels and facilities are the same. Such stations can complete the transition by simply terminating their analog service.]

Currently, DTV construction permits that specify only "Post-transition" operations state that they can only be implemented after 11:59 PM on June 12th, meaning you could not begin operations until the stroke of midnight on June 13th. With the FCC's recent clarification, however, stations are free to begin DTV operations whenever they are ready to go on June 12th. This will hopefully allow stations to commence digital operations with less of a gap between the analog shut off and the digital commencement. In addition, it will also allow stations the flexibility to commence operations on June 12th and work any bugs out during daylight hours.

Thus, for example, a station that is scheduled to shut off its analog facility at 10 AM on the 12th can begin DTV operations on that same channel at 10:01 AM instead of having to wait until after midnight. The only caveat is for those stations whose early operation could affect another station (e.g., where Station A's post-transition channel is the same as Station B's channel for pre-transition). In those cases, the FCC has instructed that the parties must coordinate with one another to ensure that the incumbent station terminates its service before the new co-channel station begins operation. Again, no authorization is required from the FCC, but if the stations are not able to coordinate with one another, then they must wait until after 11:59:59 to commence post-transition operations.

In any case, once a station commences post-transition DTV operations consistent with their underlying construction permit, they will need to file a notification with the FCC, as well as a Form 302-DT covering license application to complete the process.

Tags: 2009, DTV, DTV transition, Digital Television, HDTV, June 12, analog TV, analog television, digital TV, termination of analog

Posted on March 15, 2009 by Brendan Holland

FCC Adds More DTV Consumer Education Requirements

On Friday, the FCC released its further Report and Order addressing the termination of analog service between now and June 12th, and revising the current DTV Consumer Education Requirements. Despite the apparent success of the February 17th turn-off of approximately one-third of the analog television stations in the country, the FCC has now ratcheted up the DTV Consumer Education requirements at the eleventh hour. The FCC has expanded and revised its rules significantly, so stations should review the Commission's Order carefully and adjust their efforts and the content of their spots, crawls, etc., as necessary. These new requirements will go into effect starting April 1st. The full copy of the FCC's Order is available here, and a summary of the new DTV education requirements is as follows:

First, in one of the few moves to reduce the burden on stations, the FCC has eliminated the requirement for most stations to continue broadcasting DTV transition educational information after they have terminated analog service and are operating in digital only. Thus, stations that have completed construction of their full-authorized, post-transition digital facilities and are operating exclusively in DTV do not need to continue with the general DTV Consumer Education announcements.

Second, for those stations that have not yet terminated analog, the FCC has expanded the DTV Education requirements in order, in the FCC’s words: “to ensure that consumers will receive the information they need to make proper preparations for the digital transition of the stations on which they rely for television service.” Specifically, beginning April 1, 2009, the stations must comply with the following rules:

1. Loss Area Notices- If the FCC’s Signal Loss Report -- available here -- predicts that 2 percent or more of the population in a station’s Grade B analog service contour will not receive the station’s digital signal, then the station must air service loss notices to inform viewers of exactly where (i.e. which communities or what sections of the market) an analog signal is received today, but won’t receive a digital signal after the transition. These notices are in addition to the existing consumer education requirements. The FCC estimates that there are 213 stations still operating in analog that will lose more than 2 percent of the current population when they switch to digital-only. Thus, stations should review the FCC's Signal Loss Reports and determine how best to convey information about "loss areas" (if any) to their viewers. For stations needing to air information about loss areas, the notices must be no shorter than 30 seconds and must be aired at least once per day between 8 AM and 11:35 PM. These spots are in addition to other on-air informational requirements.

2. Antenna Information- All stations must include information about the use of antennas as part of their consumer education campaign, including information concerning a station’s change from the VHF to UHF bands, and the need for additional or different equipment to avoid loss of service. Antenna info can be included in existing DTV consumer education efforts, such as in news programs and longer format pieces. Information must be provided at least once per day, in a message lasting at least 15 seconds, with at least three of those messages a week airing during prime time.

Tags: DTV, DTV consumer education, DTV transition, Digital Television, June 12th, countdown clock

Posted on March 3, 2009 by Brendan Holland

Re-start of 100-Day DTV Countdown Clock Suspended

Perhaps not surprisingly, the FCC has suspended the re-start of the 100-day DTV Countdown Clock, which was to begin tomorrow. In the FCC's own words:

"We find that it could be confusing for viewers to see a 100-day countdown beginning on March 4, only to see a different clock in the event that we revise the requirement soon thereafter. Therefore, we temporarily waive the Option Two requirement to air countdown information until the effective date of the relevant rule adopted in the pending rulemaking proceeding…"

Accordingly, those stations following Option Two of the FCC's DTV consumer education rules should NOT re-start the 100-day countdown clock until further notice. A copy of the FCC's public notice can be found here. Option Two of the consumer education rules is the option that most stations have elected to follow, and includes, among other things, an average of 16 spots per week along with 16 crawls, tickers, snipes, etc. per week. All other consumer education requirements besides the 100-day countdown clock remain unchanged (at least for the moment).

Tags: 10-0-day countdown clock, DTV, DTV transition, Digital Television

Posted on February 25, 2009 by Brendan Holland

Comments on DTV Transition Rules Due March 4th

The FCC's Order and Notice of Proposed Rulemaking implementing changes resulting from the Congressional delay in the DTV transition deadline and seeking comment on a number of proposed rule changes has been published in the Federal Register. Comments on the Commission's proposed rules, including changes to the transition procedures that would restrict the ability of television stations to terminate the analog operations, must be filed by Wednesday March 4, 2009. The Commission's rule making is on a fast track as it must be completed by March 13th. Accordingly, interested parties should prepare and file comments quickly. Comments can be filed electronically through the FCC's ECFS database found here.

Tags: DTV, DTV delay act, Digital Television, analog shut-off, early termination, end of analog television

Posted on February 21, 2009 by David Oxenford

FCC Releases More Details of Delayed DTV Transition - No More DTV Conversions Until April?

The FCC late Friday released an Order and Notice of Proposed Rulemaking addressing a number of issues which arose as a result of the Congressional delay in the DTV transition deadline from February 17 until June 12. In many cases, the actions taken in the Order are ministerial - e.g. changing the expiration dates on digital construction permits from February to June. But there were also a number of substantive issues addressed by the order - including the public education requirements for the remainder of the transition and the potential for delaying any further terminations of analog service until at least April, and subjecting any planned termination of analog service before June 12 to additional scrutiny to determine if that termination would serve the public interest. This is despite what many have termed a relatively uneventful termination of analog service on February 17 by over 400 stations nationwide. Comments on this change in the transition procedures are to be filed on an expedited basis - within 5 days of the publication of this order in the Federal Register.

The delay of the early termination of service is likely to cause the most controversy, as Senate Republicans backed the transition delay only after specifically including in the legislation language that seemingly permitted such transitions under the rules that were in place at the time that the legislation was adopted (see our post here). This would seemingly have permitted stations to terminate analog service within 90 days of the June 12 deadline, provided they had given their listeners at least 30 days notice of their plans. A number of stations have started to provide that notice, planning a termination in March. But the Commission has tentatively concluded that it can amend the process for termination, and has set the date of March 17 for a notice to be filed at the FCC by all stations that want to terminate analog service before June 12. As the Commission plans to continue to require 30 days public notice of the termination, and as they won't allow any termination decision to become official until the March 17 filing, the earliest a station can terminate analog service under this proposal (absent a technical issue or other extreme circumstance) would be April 16.

Tags: DTV consumer education, DTV transition deadline, Digital Television, can television stations convert to digital before June 12, digital converter boxes, end of analog television, enhanced analog nightlight, notice to viewers about end of digital television transition

Posted on February 17, 2009 by David Oxenford

For Television Stations Going All Digital on February 17 - Remember that Consumer Education Efforts Do Not End With the Change

Many television stations are making the conversion to all-digital operations today (see our post here for details). These stations should remember that the DTV Consumer Education efforts that are currently in place apply to both the analog channel and the primary digital channel, and thus will continue after the conversion. Based on the current rules, the obligation to continue the education efforts extend through March 31st. So even if stations shut off their analog signal today, the digital station should continue airing the 16 PSAs per week, 16 crawls per week, the 30 minute long format program, etc., on their primary digital channel. Similarly, under the current rules, the stations all still need to file a Form 388 on April 10th reporting on the First Quarter efforts. Our memo detailing these efforts can be found here.

Presumably, the FCC will be providing further guidance on the consumer education rules, but given that the existing rules contemplate that DTV stations will continue these general consumer education efforts past the hard date transition, with the transition deadline now extended through June 12, these rules may well be changed to require that the education efforts extend beyond the current quarter through June or perhaps beyond. So watch for further information.

Tags: DTV consumer education, Digital Television, analog television ends, do DTV education efforts need to continue after digital conversion

Posted on February 15, 2009 by David Oxenford

Countdown to February 17 - Some TV Stations Still Going All-Digital Despite the Extension of the Conversion Deadline

With February 17 only two days away - when all television stations had planned to be terminating their analog service until Congress passed the extension of the conversion deadline until June 12 - many stations are still planning to convert to fully digital operations on that date. In the last few days, we have seen a flurry of FCC orders about the conversion - including one issued late Friday night modifying requirements that had previously been announced, including the requirement that stations providing analog nightlight service provide emergency information in Spanish. As stations complained that they did not have the ability to translate their emergency information into Spanish, the FCC dropped the requirement (though still requiring information about the DTV transition to be broadcast in English and Spanish, probably assuming that Spanish-language PSAs providing the necessary information can be obtained from the NAB or other broadcast groups). That order also officially extended all digital construction permits that would have otherwise expired on February 17, and extended the conditions that are on many of the permits prohibiting digital operations on their final digital channels until the new transition deadline - unless these stations get explicit permission from the FCC to transition early by showing that they will not cause any interference to other stations when they operate on their new digital channels.

The Commission also has been publishing lists of the stations that had intended to go all-digital by February 17 despite the extension. First, the Commission released a Public Notice of all stations that had initially indicated that they would go silent, with a market-by-market analysis of which stations would go all-digital on February 17 (marked in red) and which would continue in analog. After analyzing that list, the Commission issued another Public Notice, with a list of stations that could not go all-digital without submitting certifications that they would meet certain consumer education requirements after the transition - including having at least one commercial station in a market continuing to broadcast a nightlight service that not only included information about the digital transition, but also news and emergency information, for at least 60 days. the certifications also required having a local call center for those who have questions about the transition, having a walk-in center where people can come for assistance with their digital converters, and otherwise taking steps to publicize the transition. Stations either needed to make these certifications, provide another public interest reason why they had to terminate analog operations on February 17, or agree to continue their analog operations.

Tags: DTV transition, Digital Television, TV stations going all digital on February 17, analog TV ending, analog nightlight, digital television transition extension, markets where there will be no more analog TV after February 17, which stations are ending analog

Posted on February 10, 2009 by David Oxenford

Caution on Multicast Streams - Remember It's Still Over-the-Air Broadcasting

I just finished speaking on a panel at the Radio Ink Convergence '09 conference in San Jose. My panel was called "The Distribution Dilemma: Opportunities, Partnership and Landmines." As the legal representative, my role was, of course, to talk about the landmines. And one occurred to me in the middle of the panel when a representative of Ibiquity, the HD Radio people, about one of the opportunities available for the multicast channels available in that system, where an FM radio operator can, on one FM station, send out two or three different digital signals. The particular opportunity that was discussed was the ability to bring in outside programmers to program the digital channels, specifically talking about a recent deal where a broadcaster had entered into a deal with a company that would be brokering a digital channel in major markets, and programming that station with a format directed to the Asian communities. Broadcasters are generally familiar with the fact that, when they broker their traditional analog broadcast station to a third party, the licensee remains responsible for the content that is delivered in that brokered programming - e.g. making sure that there are no payola, indecency, lottery or other legal issues that pop up in that brokered programming. Broadcasters need to remember that that same responsibility applies to multicast streams, whether they are on HD radio or on a multicast stream broadcast by a digital television station. These stream are over-the-air broadcast channels subject to all FCC programming rules.

Foreign language programming has traditionally presented programming issues for broadcasters. In the 1970s and 1980s, there were multiple cases where broadcasters actually lost licenses because there was illegal activity taking place in brokered programming. In these cases, the programming contained illegal content and the licensee had no way to monitor the content of the programs as the licensee had no one on staff who spoke the language in which the programming was produced. The FCC basically said that the licensee had the responsibility to be able to monitor all programming broadcast on its station - so they had abdicated their responsibility to keep the station in compliance with FCC rules by not knowing what was being said in the brokered programming.

Tags: DTV multicast channels, Digital Radio, Digital Television, HD radio multicast channels, broadcasters must monitor content of foreign language programs, broadcasters responsibility for third party programs, convergence 2009, digital television new channels, ibiquity, licensee responsibility for brokered programming

Posted on February 6, 2009 by David Oxenford

DWT Advisory on DTV Transition Process for New June 12 Deadline Is Now Available

Yesterday, we briefly wrote about the FCC's release of a notice summarizing the process that television stations need to follow as they transition to digital under the newly extended DTV conversion date. In yesterday's post, we promised a more detailed memo summarizing the requirements that the FCC has set out. That advisory is now available here. For stations that are still planning to go completely digital, and to terminate their analog operations, on February 17, the information in the memo is very important, as notice of the station's plans to terminate must be filed on Monday, February 9, and enhanced on-air disclosures must follow the next day. Stations planning to wait to transition at some later time between February 17 and the new June 12 deadline will also need to start new on-air announcements to educate the consumer about the new deadlines. So read the advisory, and the FCC's public notice, and be prepared for the upcoming deadline.

Tags: Digital Television, FCC rules for digital conversion, June 12 DTV conversion deadline, consumer education of DTV change, end of analog television, process for TV stations to convert to digital, public notice of DTV conversion, termination of analog broadcasts

Posted on February 5, 2009 by David Oxenford

FCC Issues Instructions for Stations to Deal With the Extension of the DTV Conversion Deadline

With the extension of the DTV transition deadline now passed by Congress, it's the FCC's turn to implement the extension and set the way in which television stations will deal with the new June 12 date for the termination of analog television. To start to implement that extension, the FCC today issued a public notice setting out the procedures to be followed by stations in dealing with the new deadline. The Public Notice allows stations that want to do so to go ahead and terminate their digital service on February 17 despite the extension, but they must file with the FCC a notice of that election by midnight on Monday, February 9. The Notice also sets out the requirement for these stations to run a significant number of announcements between now and February 17, including an increasing number of crawls in the final week before the termination date, all to tell viewers that these stations really will be turning off their analog signals on February 17 as they have been saying that they will for the last few years.

If stations do not turn off their signals on February 17, they must keep operating in analog until at least March 14, and can only terminate after giving the FCC at least 30 days prior notice. Education efforts about the new deadline date will also need to continue through the new deadline, and will need to be amended to reflect that deadline. A Davis Wright Tremaine Advisory on these requirements will be published soon - but the Public Notice provides much of the necessary information that stations need to know right now.

Tags: Digital Television, FCC public notice on DTV extension, FCC rules on DTV transition, digital television transition, digital transition, notice to consumers of digital television transition, turning off analog TV early, what does a TV station need to do to terminate analog operations on February 17

Posted on February 4, 2009 by David Oxenford

House Passes DTV Delay Bill - Now on the President to Sign, and the FCC to Implement

The House of Representatives, after a fairly contentious debate, today passed the Bill extending the termination date for analog service by full-power TV stations, extending the Digital Television deadline until June 12. By that date, all full-power stations will need to complete the transition to digital so that, on June 13, there will be no more analog full-power television stations. The debate centered today on a number of issues - with Republicans arguing that the delay would cost broadcasters significant additional sums to continue to operate their analog stations, it would delay the freeing up of spectrum that will be used post-transition by first responders and for other emergency communications (as well as by new commercial digital services such as the MediaFlo service about which we have written before), and it would confuse the public and cause them to become more cynical about government deadlines. The Democratic sponsors of the extension, on the other hand, pointed to the problems with the NTIA coupon program, which currently has requests by almost two million people for over 3 million $40 coupons on a waitlist, as the money to fund the coupon program has expired. Sponsors also worried about other transition problems, including the FCC's call center about which even Republican Commissioner Robert McDowell expressed his concerns. The concerns about the immediate transition carried the day - the DTV Delay Act passing by a vote of 264 to 158.

As the Senate had already approved the legislation passed by the House today, it's on to the President. President Obama is expected to sign the legislation almost immediately. Then, it will be up to the FCC to figure out how to implement the requirements of the Act. The act allows television stations to convert to full digital operations before the June deadline. Many stations have been filing anticipatory notices with the FCC, informing the Commission that they will be converting, no matter what, on February 17. Whether the Commission will accept those notices, and details as to how broadcaster's consumer education requirements will be modified, and other revisions to the transition rules are expected to be addressed by the FCC as soon as the President signs the bill. So keep watching for those details.

Tags: DTV delay act, DTV transition deadline extended to June 12, Digital Television, FCC action on DTV deadline extension, FCC rules for delay in DTV transition, NTIA DTV $40 coupons, digital television consumer education requirements, end of analog television, house vote on DTV deadline

Posted on February 3, 2009 by David Oxenford

Will the House Pass the DTV Extension? - Dueling Congressional Letters Take Opposing Positions

As we wrote on Friday, the Senate has passed the Bill that would extend from February 17 to June 12 the deadline for full-power television stations to transition to digital operations. This leaves the House of Representatives to once again consider the matter - supposedly in committee on Tuesday and perhaps by vote of the full House as early as Wednesday. In preparation for that consideration, there have been conflicting letters released by Congressmen supporting the bill and those who are oppose. The opponents claim that the ability of TV stations to transition before the end date, an option that was important to Senate Republicans who unanamously supported the extension of the transition date, may not in reality exist. The supporters of the bill point to the over 1.85 million people who are on the waiting list for the $40 coupons to be applied against the cost of DTV converters to allow analog televisions to receive digital signals after the transition. What do these letters add to the debate?

The Republican Congressmen leading the charge against the delay of the transition suggest in their letter that the ability of TV stations to transition before an extended June 12 DTV deadline is largely illusory, as they imply that most stations cannot transition until the last day because of interference concerns. They have asked the FCC to immediately provide information about how many stations would be precluded from a transition until June 12 if the date is extended. From our experience, while there are some stations that need to delay their DTV transition until some other station has changed channels, we would be surprised if most stations are precluded from doing so. Many stations are simply going to continue on the channels on which they are currently operating their DTV transitional facilities. Thus, if they are already operating their DTV stations on their post-transition channel, by definition they are not suffering from any preclusive interference issues. And the vast majority of the remaining stations are planning to operate after the transition on their current analog channel which itself, in most cases, is free from interference as the analog operation would have in most cases precluded other stations on interfering channels from operating in too close a proximity to the area served by the station. We are aware of many stations ready to transition early even if the deadline is extended until June 12, and we would think that these stations had reviewed their situations before deciding to do so, and would have been aware of interference concerns in preparation for their February 17 changeover. In some cases they may have coordinated an early change with any station that would have presented an interference issue. Thus, we would be surprised if the FCC report prepared for these Congressmen finds a great number of stations that will be forced to wait until June 12 to do their digital conversion even if they are inclined to make the change early.

Tags: DTV coupons, DTV transition deadline, Digital Television, analog television going away, change to DTV, change to digital television, digital television deadline, digital television interference, going digital before deadline, house of representatives vote of extension of DTV transition, which TV stations can transition to digital early, who is on waiting list for DTV coupons, who supports DTV transition extension

Posted on January 29, 2009 by David Oxenford

Senate Approves DTV Extension Bill Again and it's Back to the House of Representatives - What's a Station to Do?

The Senate has reportedly once again approved the extension of the digital television transition date from February 17 to June 12 (see Press Release from Senator Kay Bailey Hutchison here). This approval was necessary as the bill being considered by the House of Representatives is slightly different than the one passed by the Senate on Monday. Now - it's back to the House, which failed yesterday to pass that bill by a 2/3 vote (see our post here). Under the expedited process that was being used, the failure to get a 2/3 vote meant that the legislation did not pass. The legislation now must got through the normal consideration process in the House, being first approved by committee, then voted on by the full House - with only a majority needed to approve the measure. The House is going to be out of session tomorrow through Monday, so the committee that now needs to consider the bill could review it next Tuesday, and then it could be voted on by the full House on Wednesday. So if all goes as planned, there could be an extension approved next week. If the House process somehow gets held up, the President and the FCC cannot act on any extension without action by Congress, as the February 17 date is written into law and can only be changed by a new law. Given that the transition is only 3 weeks away, and the extension of the transition is still not a certainty, what is a television station to do?

Initially, stations should proceed as if the February 17th deadline will stick as, for now, it is the law. So keep running all the required crawls, snipes and tickers promoting the upcoming termination of analog television. If an extension is passed, these announcements will only have caused more people to get ready for a transition that will occur sooner or later. But the extension will also allow stations to opt to transition before the new June deadline, and cease their analog operations early. How do these stations proceed?

Tags: Digital Television, analog television ending, digital television transition procedures, house of representatives approval of DTV extension, house of representatives consideration of digital television extension, senate approval of DTV extension, senate re-approval of DTV extension

Posted on January 28, 2009 by David Oxenford

So Maybe the DTV Conversion Deadline Will Not Be Postponed - House Does Not Approve Extension

Earlier this week, we wrote about the apparent compromise in the Senate between Republicans and Democrats that would seemingly allow the Digital Television conversion deadline to be delayed from the current date of February 17 that stations have been warning consumers about for years, pushing that date back until June 12. That compromise legislation passed the Senate on a unanimous vote on Monday, and was considered in the House of Representatives today. The matter was considered by the House on their "suspension calender" - meaning that it was for legislation not deemed overly controversial that could be passed outside of the normal process of going through consideration by a committee before being voted on by the House. As such, it needed two-thirds approval of the House to pass. The vote on the proposed delay was 258 in favor, 168 opposed but, as it did not receive the required two-thirds vote, the bill did not pass. For the most part, Republicans voted against the bill, and Democrats in favor.

Is this the end of the extension? No one knows for sure. The House could still consider the matter under its normal rules, which would require quick consideration by a committee and another House vote - which would only require a majority approval. But, as the House bill is slightly different than the Senate version, it appears that the Senate would then have to vote once again on the revised bill - probably using an expedited process where only one Senator could block the consideration of the matter. So television stations are left in confusion as to whether the February 17 deadline will hold, and just what an extension will require for station operations - with less than 3 weeks to go before this current conversion deadline. Keep watching for the latest in this very interesting process.

Tags: Digital Television, House of Representatives vote on DTV extension, Republicans on digital television conversion deadline, Senate vote on DTV conversion deadline extension, delay in conversion to digital television, end of analog TV, will the DTV conversion deadline be extended

Posted on January 25, 2009 by David Oxenford

Senator Hutchison Announces Compromise on DTV Transition Delay Until June 12 - Why Congress Needs to Act Soon

This week, an agreement by Republican Senator Kay Bailey Hutchison, the ranking minority member on the Senate Commerce Committee, to an extension of the DTV transition deadline from February 17 until June 12, was announced. The delay has been requested so that issues about the distribution of the $40 government coupons to consumers to ease their purchase of converters to allow analog TVs to pick up digital signals so that they will continue to work after the transition date can be resolved; and so that there can be more targeted information about the transition delivered to groups that many feel may not have received the message about the transition. But Congressional Republicans have thus far blocked attempts by the Obama administration to delay the transition, so this agreement by Senator Hutchinson is viewed as a sign that the extension may very well be approved in the near term. As the transition deadline is only weeks away, if Congress is going to act, it needs to do so immediately, or the effect of any delay will be negligible as the transition will have, for all practical purposes, already occurred.

Most broadcast stations have made plans for the transition - ordering the equipment, scheduling tower crews, coordinating the changes in frequencies with other stations in the same region that may be necessary to accommodate the digital operations. In some cases, stations have already ceasing their analog broadcasting so that the new equipment necessary to accomplish the transition can be installed, or because these stations will be operating digitally on their analog frequency and have had to allow a tower crew or other engineering support to conduct the work necessary to allow the digital operations on the final channel to occur before the February deadline dates. Given the limited number of such crews, not all of these final changes could happen on a single date, so stations have been changing to all digital operations now as the final date approaches. Without Congressional action very soon, the transition will have, for the most part, already occurred.

Tags: DTV coupons, Digital Television, Digital television June 12 deadline, Hutchison compromise on DTV extension, analog televisions after digital conversion, analog to digital conversion, costs to TV stations of digital television conversion delay, delay of digital television conversion deadline, digital television coupons, public safety use of TV spectrum, what TV stations need to do before DTV deadline

Posted on January 18, 2009 by David Oxenford

Kevin Martin Departs as Congress Looks at June 12 DTV Transition Deadline - While Remaining Commissioners Write Letters About Transition Problems

FCC Chairman Kevin Martin announced that he will be leaving the Commission on Tuesday as the new President is inaugurated, and thus will not be present at the FCC to set any last minute policy for the DTV transition. In fact, if Martin had decided to stay for the end of the transition, he might well have had to stick around for a while, as there are bills making their way through Congress to delay the February 17 deadline for the transition to digital television. Senator Rockefeller has introduced a bill that would extend the deadline to June 12, which Senate Republicans blocked last week, though it will reportedly be reintroduced this week. At the same time, the three remaining Commissioners have all released letters that indicate that there are significant transition problems that need to be resolved before the transition deadline. While there are those who wonder if the delay will really solve the problems that may exist - the movement is in the direction of a delay.

The letters from the Commissioners are most interesting. First came a letter from Commissioner McDowell, not directed to Congress, but instead to Chairman Martin, publicly asking for information about the FCC's DTV phone bank to answer questions from consumers about the transition. According to the McDowell letter, he was unable to get information about the status of upgrades to the system to handle the expected influx of calls at the end of the transition. McDowell also complained about calls that were not answered at all, or which had long wait times, when consumers called - wait times that often resulted in connections with a voicemail system. And he raised questions about the failure of the phonebank to be open on weekends. It has now been announced that IBM has been hired to man the phonebank, perhaps answering some of the questions Commissioner McDowell raised in his letter.

Tags: DTV phone bank, Digital TV transition delay, Digital Television, FCC Commissioners letter to Congress on digital transition, FCC Commissioners position on DTV transition, June 12 DTV transition deadline, June 12 digital television extension, Rockefeller bill to delay DTV transition, digital television conversion delay, use of TV spectrum by public safety

Posted on January 15, 2009 by David Oxenford

Comment Date Set for Closed Captioning Rulemaking Proceeding - When is a Channel Not a Channel?

The FCC's has published in the Federal Register certain aspects of its November decision on closed captioning - most notably the Further Notice of Proposed Rulemaking asking if a broadcaster's multicast streams should each count as a separate "channel" potentially exempt from closed captioning requirements if that channel doesn't bring in more than $3 million in annual revenue. Seemingly, each of the multicast streams are what one would conventionally think of as a channel, yet the Commission has asked for comments on this issue - comments to be filed by February 12. If the Commission was to determine that a multicast stream was not a separate channel, the captioning obligations would apply if the station, in all of its cumulative operations, had revenues of $3 million. This could impose significant costs on innovative programming done on these multicast streams. The November decision also clarified certain other rules, and adopted certain processes for dealing with complaints about captioning issues (processes yet effective as they have not been approved by the Office of Management and Budget for compliance with the Paperwork Reduction Act). Davis Wright Tremaine has published a memo providing more information about the effect of the Federal Register publication. Our summary of the November decision itself is available here

Tags: Digital Television, General FCC, Programming Regulations, Television, captioning complaints, captioning exemptions, closed captioning, digital captioning requirements, multicast channels, multicast stream

Posted on January 10, 2009 by David Oxenford

More Evidence that a Digital Television Conversion Delay May Be On Its Way - But There is Opposition

A day after the Obama transition team wrote to Congress suggesting that the DTV transition now scheduled for February 17 be delayed, there are indications that a bandwagon effect is beginning to develop in favor of such a delay. Broadcasting and Cable magazine's website reports that the four major TV networks have indicated that they support a delay in the transition if it will better serve their viewers, and that Senator Rockefeller has started drafting legislation to delay the transition. The New York Times featured a guest editorial from two former FCC Chairmen - Republican Michael Powell and Democrat William Kennard - supporting the delay (and mentioning one of the same issues that we had mentioned the day before - the need for education of consumers about the need for different antennas to receive the digital signal). But others are not so sure that a delay makes sense.

While the NY Times editorial may make it look like the delay request is a bipartisan effort, there are other indications that there is at least some evidence of partisan differences beginning to develop. The NY Times today quotes Joe Barton, a senior Republican on the House Energy and Commerce Committee, as opposing a change. Republican FCC Chairman Kevin Martin is quoted by the Associated Press as saying that the delay will confuse consumers, while Democratic Commissioner Jonathan Adelstein is quoted in the same article as being sympathetic to the postponement. While the political groups are taking sides, many in industry seem reluctant to delay the transition date.

Tags: DTV antenna, DTV transition delay, Digital Television, Digital television transition postponed, FCC Chairman NY Times letter on DTV delay, FCC digital TV deadline, who opposes DTV delay

Posted on January 8, 2009 by David Oxenford

Obama Transition Team Requests Delay of DTV Transition Deadline

What a difference a few days makes. At the beginning of this week, it was full speed ahead for the February 17 termination of analog television. Then NTIA announced that it was out of money to pay for DTV coupons to assist the public in buying converter boxes so that analog TV sets will continue to work after the transition. This action, in turn, caused Consumers Union to ask Congress for a delay in the transition, resulting in Congressman Markey's office suggesting that the DTV transition might need to be delayed (as we wrote yesterday). Today, the other shoe dropped as the Obama transition team formally wrote to Congress asking for a delay of the termination of analog television. That letter leaves everyone asking - will Congress respond? If so, what are the ramifications?

The NAB responded with a press release talking about how broadcasters are still prepared to meet the deadline, and how the deadline has focused all parties (TV stations, electronics manufacturers, cable and satellite companies) on doing what they need to do in order to be ready for the transition. But the Obama team's call for the postponement does not seem to be focused on the readiness of program providers to accomplish the switch, but instead on the readiness of viewers to deal with the new digital environment, especially given the lack of coupons for last minute shoppers still waiting to buy their converter boxes. As we've written before, many in Washington are worried about the political ramifications of the transition - especially if millions of people wake up on February 18 and can't watch the Today Show or Good Morning America. And while that is a legitimate concern, one wonders if it will ever be possible to prepare everyone for the transition deadline. Sure, if the deadline is postpone 4 or 5 months, there will be a marginal increase in people who are ready, but there will still be stragglers. Catching up to them all may never happen until they are hit with the reality of their analog sets not working on the day after the transition, whenever that day may be. If so, shouldn't someone at least consider the costs that a delay will impose on broadcasters?

Tags: DTV converter boxes, DTV coupons, Digital Television, NTIA digital television coupons, Obama DTV letter to Congress, Obama DTV transition delay, analog television extension, digital television transition delay, postpone digital transition

Posted on January 7, 2009 by David Oxenford

Could There Be a Delay in the February 17 DTV Transition Deadline?

Several press reports were issued today suggesting that there is at least some consideration in Congress of delaying the DTV transition now scheduled to be completed on February 17. The consideration stems from the announcement that the NTIA (the National Telecommunications and Information Administration) had run out of money to issue the $40 coupons to consumers to subsidize the purchase of converters that allow analog television sets that receive over-the-air signals to process digital signals so that these sets can continue in operation after February 17. While NTIA has not actually spent all the money Congress has allotted for the converter boxes, as almost half of the coupons that have been issued have not been redeemed, NTIA is required to withhold the money until the coupons have either been spent or expired (the coupons are good for only 90 days). Thus, while some people may still be able to receive the coupons in the future after currently issued coupons expire without having been used, it may be too late for consumers to use those coupons to buy a converter box before the February deadline. Fearing that some groups will be disenfranchised by the loss of television service, the Consumers Union sent a letter to Congress (here) asking that the transition be delayed until coupons can be made available to all who need them, and reports indicate that Congressman Markey's office (who heads the House Subcommittee that deals with broadcast issues) is considering that request.

Could a delay really occur? While broadcasters have been diligently working to meet the deadline, a delay could allow implementation of some of the last minute technical fixes for areas that may lose service because of the transition (as we suggested here in our discussion of the recently approved analog nightlight, Digital low power translators, and distributed transmission service that were recently permitted). Some may oppose the delay but, with the nightlight already delaying the availability of the open spectrum for 30 days, a brief delay really would not make all that much difference. Those planning on using the vacated spectrum within the TV band for "white spaces" devices cannot do so yet because of additional regulatory issues that must be addressed (see our post here). The principal parties who would be disadvantaged by the delay would be those who bought at an FCC auction the spectrum being cleared by the move of TV stations currently operating on channels 52 and above into lower channels in the DTV 'core". Would Congress be willing to put the new services planned by these spectrum buyers on ice while the last-minute DTV issues get ironed out? The next few days may provide an answer as we see if these rumors are just a case of last minute nerves, or if they represent a real attempt to provide time to smooth out the digital transition.

Tags: Consumers Union DTV letter, DTV coupon program out of money, DTV coupons, DTV transition delay, Digital Television, February 17 digital deadline, NTIA coupons, digital television coupons

Posted on January 2, 2009 by David Oxenford

TV Digital Transition Rushes On - Comment Date on Proposals for Digital Fill-In Translators Set for January 12 and Analog Nightlight to Be Approved at January 15 Commission Meeting

The FCC's Notice of Proposed Rulemaking on Digital Fill-In Translators, to provide television service in areas where a television station's digital signal does not reach locations that were covered by its analog operations (a proposal we summarized here) was published in the Federal Register today, setting comment dates on this proposal. Comments are due on January 12, and Replies on January 22. As the Commission has already published instructions for filing for temporary authority to operate these stations, broadcasters who are interested in the final rules that may be adopted should look to file comments on these matters before the January 12 deadline. This is another proceeding that is being rushed through the Commission in anticipation of the February 17 end of the digital television transition.

The analog nightlight proceeding is on an even faster track, with comments due on Monday (see our summary of that proceeding here). The Commission has just released a tentative agenda for its January 15 meeting, where the only item it will consider (other than reports from the Commission's various Bureau Chiefs) will be the analog nightlight proposal. This is likely to be Chairman Martin's last meeting as chair of the FCC. In light of the Congressional mandate to complete this proceeding by January 15, the Commission will have received comments and replies and digested them into a decision - all in the space of 20 days from the release of its Notice of Proposed Rulemaking - with the Christmas and New Years holidays intervening! If anything, this shows two things - that the FCC can move rapidly if it has to, and that the DTV transition is the one and only real priority on the full Commission's agenda right now.

Tags: DTS, DTV transition, Digital Television, FCC meeting, Low Power Television/Class A TV, analog nightlight, analog television, digital fill in translators, digital television transition, distributed transmission systems

Posted on January 1, 2009 by David Oxenford

Gazing Into the Crystal Ball - The Outlook for Broadcast Regulation in 2009

Come the New Year, we all engage in speculation about what’s ahead in our chosen fields, so it’s time for us to look into our crystal ball to try to discern what Washington may have in store for broadcasters in 2009. With each new year, a new set of regulatory issues face the broadcaster from the powers-that-be in Washington. But this year, with a new Presidential administration, new chairs of the Congressional committees that regulate broadcasters, and with a new FCC on the way, the potential regulatory challenges may cause the broadcaster to look at the new year with more trepidation than usual. In a year when the digital television transition finally becomes a reality, and with a troubled economy and no election or Olympic dollars to ease the downturn, who wants to deal with new regulatory obstacles? Yet, there are potential changes that could affect virtually all phases of the broadcast operations for both radio and television stations – technical, programming, sales, and even the use of music – all of which may have a direct impact on a station’s bottom line that can’t be ignored.

With the digital conversion, one would think that television broadcasters have all the technical issues that they need for 2009. But the FCC’s recent adoption of its “White Spaces” order, authorizing the operation of unlicensed wireless devices on the TV channels, insures that there will be other issues to watch. The White Spaces decision will likely be appealed. While the appeal is going on, the FCC will have to work on the details of the order’s implementation, including approving operators of the database that is supposed to list all the stations that the new wireless devices will have to protect, as well as “type accepting” the devices themselves, essentially certifying that the devices can do what their backers claim – knowing where they are through the use of geolocation technology, “sniffing” out signals to protect, and communicating with the database to avoid interference with local television, land mobile radio, and wireless microphone signals.

Posted on December 31, 2008 by David Oxenford

FCC Comments Due January 5 on Analog Nightlight Program

In its rush to complete the "analog nightlight" program rules in time for television stations to make plans for the February 17 end date for analog television, and to comply with a statutory mandate to have the program in place by January 15, the FCC will require some people to work through their New Years Weekend to have comments to the FCC by Monday, January 5. Federal Register publication of the Commission's Notice of Proposed Rulemaking on this proposal took place today. We wrote about the program to allow some analog television stations to operate for 30 days after the end of the digital transition, to carry emergency information and to inform viewers who missed the message on the digital conversion about what they need to do to receive digital television, and about some of the issues posed by the FCC, here. Reply comments on this proposal are due three days later -January 8.

As the comment date is also when stations who were not included on the original list of those who automatically qualify for nightlight status are supposed to ask to be included and show how they will protect digital television operations, some engineers will also need to be busy this weekend. With this short response time, station operators need to quickly get going on the comments due on Monday.

Tags: Digital Television, Emergency Communications, FCC digital conversion, February 17 deadline, Television, analog nightlight, analog television, digital transition

Posted on December 30, 2008 by David Oxenford

FCC Proposes New Digital Low Power Fill-In Translators, and Starts Accepting Applications Immediately

Last week, the FCC introduced a new service to fill in gaps in the service of a digital television station - permitting television stations to immediately apply for Special Temporary Authority to construct digital translators. Translators rebroadcast the signal of a full-power station, but operate on a channel different than the main station they retransmit. The Commission has already authorized stations to operate on-channel low-power facilities in the Distributed Transmission Service (DTS) proceeding, about which we wrote here. The digital translators, however, will only be authorized to serve areas that had received analog service from the television station but which will lose that service when the station goes fully digital, thus raising questions as to how much use these stations will really be. In a Public Notice released today, providing filing information for these translators, the Commission states that the translators can only serve this loss area. While the authorization of this Digital Low Power Television Translator service will begin immediately on an STA basis, the Commission's order came out only in a Notice of Proposed Rulemaking, which could ultimately be rejected by the Commission after public comments are submitted.

The Commission seeks comments on a number of proposals made in this proceeding, including the following:

The new translators would operate on Channels 2-59, with those operations on channels 53-59 being authorized only where the applicant can show that there is no other channel on which a translator can operate
These translators will be given application priority over all other translator applications except those for the displacement of an existing translator or LPTV station, which would have co-equal priority
The translators would be authorized as part of the main station license, would be renewed as part of the main station license, and could not be sold except with the main station.
The translators will be authorized to fill in the area served by an analog full-power station but lost when the station converts to digital. The Commission seeks comments as to whether even a nominal extension of the coverage area will be permitted (it apparently will not for authorizations initially granted through an STA)
Applicants receiving an authorization for this service will be given a construction permit - and the Commission asks if that permit should be limited to a period of six months so that service to the public will be initiated quickly.
The Commission also asks how this service should interact with white spaces devices recently authorized by the Commission (see our summary).

Tags: Digital Television, Low Power Television/Class A TV, analog television, analog to digital transition, digital low power fill in translators, digital transition, digital translators

Posted on December 28, 2008 by David Oxenford

FCC Proposes Rules for Analog Nightlight - For Those Left Behind After the Digital Television Transition

Congress recently passed legislation authorizing an analog "nightlight" or lifeline for those left behind after the digital transition. This law was designed to allow certain full-power stations to remain operating in analog on February 18, with information about the digital transition for those people who otherwise managed to miss the information about that deadline. This past week, while Santa was making his deliveries, the FCC released its proposals for implementing this authorization. The Notice of Proposed Rulemaking sets out a list of stations that can take advantage of the authorization automatically, and the process for other stations being able to operate such a service. In addition, the Notice proposes restrictions on the nightlight operation, the length of service, and miscellaneous other matters. Given the tight timeframe before implementation on the end date of the digital transition, comments on the FCC's proposals will be due 5 days after they are published in the Federal Register, and replies 3 days later.

The proposals include the following:

Analog operation would be permitted by authorized stations for only 30 days after the end of the digital transition, through the end of the day on March 19, 2009.
The nightlight service can only include information about local emergencies, and information about how viewers can get digital television services. The information about how to get digital services should be in English and Spanish, and accessible to those with disabilities. No advertising will be permitted.
The Commission attached to its Notice of Proposed Rulemaking a list of eligible stations . Such stations, if they are interested in participating, need to electronically file by February 10 a request for Special Temporary Authority to operate the nightlight . No filing fee will be required.
Stations not listed may still participate by demonstrating how they will protect all digital operations, through lower power, terrain shielding, directional antennas or similar techniques. Comments showing how they will participate should be filed in the comment period for the NPRM.
The nightlight service will not be entitled to mandatory cable carriage.

Tags: DTV transition, Digital Television, February 17 conversion, analog nightlight, analog television, digital transition, television conversion to digital

Posted on December 15, 2008 by David Oxenford

Congress Throws an Analog Lifeline While Telling FCC to Deal With the DTV Transition and Cancel Meeting, While New Administration Pushes for Phone Banks for Consumer Complaints

The digital television conversion end game is upon us, and everyone seems to be getting a little testy. Seemingly, not everyone is convinced that the consumer education efforts have prepared the public for the transition, and thus Washington seems to be preparing for problems. But, in a last minute attempt to solve some of the potential issues, both Congress and the new Administration have stepped into the breach to put pressure on broadcasters and the FCC to be prepared to deal with the February end date for analog TV. Congress passed legislation authorizing the FCC to allow some television stations in each market to continue to operate in analog after the end of the transition to tell consumers who didn't make the switch what to do (an analog "life line service"). At the same time, Congress urged the FCC to mind the transition and not start off on new regulatory battles, causing the cancellation of this week's FCC meeting. In this event-filled 10 days, the new Obama administration also stepped into the DTV transition, a potentially significant issue that will face the new administration less than a month after taking office, pushing broadcasters, cable companies and direct broadcast satellite companies to pay for and establish phone banks to provide assistance to consumers stranded by the transition.

The cancellation of the Commission's meeting was perhaps the strangest of these matters. The FCC was prepared to hold a meeting later this week, with a full schedule of items to consider, including various items related, in one way or another, to the digital transition. Included were a series of fines to broadcasters, consumer electronics stores, and others for not doing everything required by the rules to facilitate the digital transition. The Commission was also planning to start the rulemaking process to authorize digital "fill-in" translators, i.e. low powered TV stations rebroadcasting a main station on other channels within the main station's service area to fill holes in digital service. Plus, the FCC was to deal with the Chairman's proposals for a free wireless Internet service on channels being vacated by television stations as part of the transition. Yet, Congressman Henry Waxman, the new chair of the House Energy and Commerce Committee, and Senator Rockefeller, the newly appointed Chairman of the Senate Commerce Committee ( the committees with responsibility over the FCC) wrote a letter to the FCC saying that it should concentrate its efforts on the transition, and not take up issues on which the new administration may want a role (perhaps the wireless service). After receiving the letter, the December meeting was canceled (the first time in memory that the FCC did not have a monthly meeting as seemingly required by Section 5 of the Communications Act).

Tags: DTV hotline, DTV phone bank, DTV transition, DTV translators, Digital Television, FCC meeting, FCC meeting cancelled, NAB phone bank, Obama DTV, Obama digital TV, Waxman Rockefeller FCC letter, analog TV, analog lifeline, free wireless internet

Posted on December 3, 2008 by Brendan Holland

FCC Chairman Martin Releases Tentative Agenda for December 18th Open Meeting

Today FCC Chairman Kevin J. Martin released a tentative agenda for the scheduled December 18, 2008 Open Commission Meeting. The tentative agenda, available here, contains a number of items that the Chairman has circulated to the other Commissioners for consideration at the upcoming Open Meeting. Whether these items actually make it to the agenda for that meeting remains to be seen, as the formal agenda for the meeting will not be released until one week before the meeting. Of particular interest to broadcasters are the following items:

Program Carriage and Program Access- A Report and Order modifying the program carriage rules and procedures and a Further Notice of Proposed Rulemaking seeking comment on the practices of programmers and broadcasters.

DTV Translators- A Notice of Proposed Rulemaking proposing a new digital television translator service for analog loss areas.

DTV Consumer Education Notice of Apparent Liability- An omnibus Notice of Apparent Liability against various companies for apparent violations of the Commission’s DTV consumer education requirements.

It is unknown whether the Notice of Apparent Liability for Forfeiture (FCC-speak for a fine) will include broadcast television stations, retailers, multi-channel video providers, or some combination of all three, but the fact that the FCC intends to fine parties for failing to comply with the FCC's DTV education rules is a strong indication of how seriously it is taking the DTV transition.

Tags: Chairman Martin, DTV, DTV transition, DTV translators, Digital Television, FCC Chairman, FCC Fines, General FCC

Posted on November 28, 2008 by David Oxenford

Splitting a Television Station License - Ion and Robert Johnson Propose a Unique Concept for Increaing Media Ownership

This week, an interesting concept has been advanced in a series of applications filed with the FCC. Ion Media Networks, the successor to Paxson Television, has proposed to transfer some of its broadcast stations to a new company, Urban Television LLP, to be owned 51% by Robert Johnson, the former owner of BET, and 49% by Ion itself. But, when we say that they are transferring "some" of its stations, we don't mean that any of its stations are being transferred, but instead only that a piece of its stations are proposed to be transferred. Ion proposes to continue to own and operate stations in every market where it currently operates, but proposes to sell digital multicast channels to Johnson. Unlike any LMA or other programming agreement, the proposal is to actually take one 6 MHz television channel and break it up so that Ion continues to program one channel with its programming and the Urban Television will program the other channel with its programming, and become the actual license of that portion of the spectrum. The FCC has accepted the applications and issued a Public Notice, giving parties 30 days to file comments on the proposal.

It is not unheard of for two licensees to share the same channel - though where it is currently occurs most frequently is in connection with noncommercial broadcasters who share a single radio or TV channel, they divide it by time, so that one licensee operates, say midnight to noon and the other operates from noon to midnight. Obviously, in these shared-time arrangements, both broadcasters are not operating on the same channel at the same time. This new proposal, though, does not come out of the blue. The idea of allowing a broadcaster to sell a digital channel to a different company, has been proposed before, for both Digital Television and Digital HD Radio channels when the original station is multicasting, as a way to increase diversity of ownership.

Tags: Cable Carriage, Digital Television, Diversity and Competition Supporters Group, EEO Compliance/Diversity, Ion Media, Robert Johnson, Urban Broadcasting, broadcast diversity programs, can you sell a digital channel, multicast channel, multicast must carry, shared time

Posted on November 23, 2008 by David Oxenford

Details of White Spaces Decision Released - Don't Look for Them Soon as There is Lots to Do Before Any Devices Will Be Introduced

The FCC this week released the details of its "White Spaces" decision, authorizing the use of both fixed and mobile unlicensed devices within the television spectrum. In theory, these devices are supposed to be able to sense the existence of television signals so that they can operate on other frequencies and avoid creating interference. However, as an extra safety measure, the FCC has also required that these devices connect at least once a day with a database of all other protected users of the television spectrum and, by used of geo-location technology, determine what other users are in the area where the "TVBD" (television band device) is being used and operate on frequencies which protect those other users. Our firm has prepared a memo outlining the full decision. The Davis Wright Tremaine memo can be found here. When one reviews the full text of the FCC decision, it becomes pretty clear that we should not look for such devices anytime soon.

While the Commission's order actually discussed in some detail the question of whether these devices should be permitted to operate before the end of the digital television conversion in February 2009, given the issues that still need to be resolved, this discussion really appears to be an academic one. First, devices that meet all of the FCC requirements have to be designed and built, and type-accepted by the FCC labs. In a recent article by Shelly Palmer in his well regarded blog on television issues, he suggests that many engineers are convinced that these devices simply will not work. When one reviews the FCC requirements, one can see why that might be the case.

Tags: Digital Television, On Line Media, TVBD, Television, geolocation, spectrum sensing, television spectrum, what do white spaces devices have to protect, where will white spaces operate, white spaces, wireless microphone

Posted on November 16, 2008 by David Oxenford

New FCC Rules for Closed Captioning Complaints and Proposals for Captioning of Digital Television Multicast Channels

The FCC has adopted new procedures for the submission of complaints about the failure to adequately provide closed captioning of video programming carried on television stations and cable systems. In the same order, the Commission issued clarifications about the impact of the digital transition on the obligations of stations and networks to caption programming, and asked for comments on the issue of whether television stations that have multiple streams of programming can consider each stream as a separate "channel" for purposes of determining if they are exempt from captioning obligations for channels that have less than $3 million in revenue. Our firm has published an Advisory summarizing this Order, and the complaint process that now applies both cable systems and broadcasters. The Davis Wright Tremaine Advisory can be found here.

The outcome of the Further Notice of Proposed Rulemaking can have a real impact on the decisions made by broadcasters and their decisions to run multicast television programming. Some stations have used an a second or third digital channel to do various forms of local programming, some along the lines of cable access programs - with local musicians, comedians or other sorts of original programs. Others have run local news and public affairs programs. If the Commission were to consider all programming streams to be a single "channel" (which seems to be contrary to how the Commission has treated cable programming where all channels, even if commonly owned, are considered as different "channels"), some channels will be met by new increased costs. While hardship exemptions can be granted to particular programs, and could conceivably be applied here, stations should seemingly not have to go to the expense and trouble to make such hardship showings (as well as the uncertainty as to whether it will ultimately be granted) if these streams making less than $3 million and fit within that explicit, existing exception definition. Watch for the dates of comments in this proceeding.

Tags: DTV captions, DTV multicast, Digital Television, Television, captioning exceptions, closed captioning, digital program streams, digital programming captions, multicast programming, video captioning

Posted on November 14, 2008 by Brendan Holland

DTV Ancillary and Supplemental Services Fee Report Due December 1st

By December 1, 2008, all commercial and noncommercial digital television (DTV) stations must electronically file an FCC Form 317 with the Commission reporting on whether the station has provided any ancillary and supplementary services during the twelve-month period ending on September 30, 2008.

Under the Commission's Rules, in addition to providing free over-the-air broadcast television, DTV stations are permitted to offer services of any nature, consistent with the public interest, convenience, and necessity, on an ancillary or supplementary basis. Some examples of the kinds of services that may be provided include computer software distribution, data transmissions, teletext, interactive materials, aural messages, paging services, audio signals, and subscription video. Unlike in years past, this year all DTV stations -- regardless of whether the station holds a DTV license or is operating pursuant to Special Temporary Authority (STA), program test authority (PTA), or some other authority -- must file a Form 317 reporting whether it provided such services and generated any income. If the station did provide such ancillary services, then the FCC wants to know about it. More importantly, if the station generated revenue from the provision of such services, the FCC wants its 5% cut of the gross revenues derived from such service. The Form 317 is very brief, soliciting information about the license and the types of services provided, if any, and must be filed electronically through the CDBS filing system.

Tags: DTV, Digital Television, FCC Form 317, Form 317, Television, ancillary and supplementary

Posted on November 13, 2008 by David Oxenford

FCC Approves White Spaces Devices in TV Band - While Some Hail a Boon to Wireless Internet, Others Say Not So Fast

At the FCC meeting held on Election Day, the Commission approved the operation of "white spaces" devices in the TV spectrum. These would be mobile, unlicensed devices that would operate on TV channels that are not used in a particular location. Many Internet users have hailed the expansion of wireless Internet opportunities that they believe that this decision will bring. While the FCC promised that these devices would protect television operations and other current uses of the TV Band, many other groups have reacted to the decision far more skeptically. All in all, we have probably not heard the end of this debate.

The full text of the FCC Order has not yet been released but, from the Public Notice summarizing the action (which came late in the day, after a several hour delay in the start of the FCC meeting), the FCC appears to have made some concessions to the broadcasters who were objecting that the tests of the white spaces devices were not able to adequately sense the presence of television signals in a way that would protect those stations. So, to protect television signals, the FCC ordered that, in addition to sensing the existence of television signals, the white spaces devices would also have to have geo-location abilities, which would check the location of the device and compare it to a database of television stations and prevent the device from operating on channels that the database shows to be occupied. Even with this capacity, organizations representing television stations do not believe that this compromise is sufficient to protect those stations.

Tags: Digital Television, MSTV, geolocation, new america foundation, television interference, unlicensed devices, use of TV spectrum, use of the TV band, white spaces, wi fi, will TV continue to be over the air, wireless internet, wireless microphone

Posted on October 25, 2008 by David Oxenford

Issues on the Post-Transition Use of the Television Spectrum - White Spaces and Distributed Transmission Service (DTS)

With the final transition of television from analog to digital soon upon us, the FCC has scheduled for consideration at its November meeting two items that will address the use of the television spectrum after the transition - one designed to improve television reception, and the other viewed by television broadcasters as a threat to that reception. The potential positive development is Distributed Transmission Service ("DTS"). The other proposal - which is far more controversial - is the proposal to authorize "white spaces devices" that operate wireless devices within the portion of the spectrum that will still be used by television stations after the transition.

DTS is the proposal that would allow television stations to use more than one transmitter to reach its service area. Like the use of FM on-channel boosters, a DTS system would permit stations to use multiple transmitters located throughout their service area, each broadcasting on the same channel, but operating at a lower power than the traditional television station which usually operates from a single high-powered transmitter. The idea is that, in digital, signals distributed from lower power transmitters spread throughout the service area might be less susceptible to signal impediments from terrain and building obstacles than would a single high-power transmitter. The FCC proposed adoption of this system several years ago with little opposition, but it has languished. Some have suggested that the experience in Wilmington, where some people who lived far from the center of the market were having over-the-air reception problems, gave new impetus to DTS as one way to provide better service to these more remote areas.

Tags: DTS, DTV transition, Digital Television, John Dingell, TV interference, analog to digital, distributed tramsmission service, pirate radio, unlicensed devices, white spaces

Posted on October 14, 2008 by Brendan Holland

Broadcast Station Reminder: 100-Day DTV Countdown Starts November 10th

As broadcasters are aware, earlier this year, the FCC imposed DTV Consumer Education requirements mandating that television stations and other video providers educate viewers about the upcoming transition from analog to digital television (DTV). Thus far, the education efforts have consisted primarily of Public Service Announcements (PSAs), crawls, and longer format programs designed to educate the public about the February 17, 2009 switch to DTV. Now that stations are approaching the home stretch, however, the FCC's rules require additional efforts.

Specifically, for those stations that elected to follow “Option Two” of the DTV Consumer Education requirements -- which seems to be the vast majority of television stations -- beginning on November 10, 2008, television stations must begin a "100-Day Countdown" to the transition consisting of enhanced efforts leading up to February 17, 2009. During this period, each station following Option Two must air at least one of the following per day:

Graphic display: A graphic super-imposed during programming content that reminds viewers graphically there are “[X] number of days” left until the transition, and that visually instructs viewers to call a toll-free number or to visit a web site for further details. The graphic's duration may vary from 5 to 15 seconds, at the discretion of the station.

Animated graphic: A moving or animated graphic that concludes with a countdown reminder, which will remind viewers that there are “[X] number of days” until the transition. Viewers are to be visually instructed to call a toll-free number or to visit a website for details. The graphic's duration may vary from 5 to 15 seconds, at the discretion of the station.

Graphic and audio display: Either a graphic display or animated graphic along with an added audio component. The duration may vary from 5 to 15 seconds, at the discretion of the station.

Longer form reminders: Stations may choose from a variety of longer form options in order to communicate the countdown message. Examples might include an “Ask the Expert” segment in which viewers can call in to a phone bank and ask knowledgeable people questions about the transition. The length of these segments can vary from 2 to 5 minutes, at the discretion of the station. (Some stations may also choose to include during newscasts DTV “experts” who may be asked questions by the anchor or reporter about the impending Feb. 17, 2009, deadline).

With this 100-Day Countdown, the Commission hopes to push strong to the finish line and build viewer and consumer momentum for the final switch to digital on February 17th. The FCC has been paying close attention to station compliance with the DTV Consumer Education requirements and stations are advised to start planning now for their 100-Day Countdown efforts. One additional note, stations that have elected to follow Option Two should also be sure to air at least one longer form program (at least 30 minutes in length) if they have not done so already. At least one such program must be run between the hours of 8:00 AM and 11:35 PM prior to February 17, 2009.

Tags: 2009, DTV, DTV PSAs, DTV consumer education, Digital Television, February 17, General FCC, Low Power Television/Class A TV, PSAs, Television

Posted on October 13, 2008 by Brendan Holland

DTV Status Reports Due by October 20th

The FCC has released a Public Notice reminding TV stations to update their FCC Form 387 DTV Transition Status Reports by October 20, 2008. If you will recall, these Reports were filed by stations earlier this year (and updated in July) outlining the steps remaining for the stations to complete the transition to DTV.

As we're now coming down the home stretch, stations that have not already completed the transition to digital must once again update their status reports. Specifically, stations that by October 20th have not filed a covering license application and notified the FCC that they are operating with full and final DTV facilities must update their Form 387 DTV Status Report by October 20.

A copy of the Public Notice is available here. Stations should make sure that the Form 387 provides: (1) the station's detailed plan for the remaining steps in the transition, (2) dates for completion of construction and commencement of full, final DTV operations, and (3) plans for terminating existing service (e.g., reduction or termination of analog or pre-transition digital service). All stations that have not completed their full and final DTV facilities by October 20th need to review the status of their DTV transition and update the Form 387 accordingly.

In addition, stations are reminded that the Commission's DTV Orders contain specific rules regarding the early termination or reduction of analog service. In particular, stations that intend to permanently reduce or cease analog operations prior to November 19, 2008, must have obtained authority from the FCC to do so and must have aired the appropriate viewer notifications. For stations intending to permanently reduce or cease analog operations after November 19th, but before the February 17, 2009 switchover do not require prior FCC approval, however, the station must give the FCC 30-days advance notice, and must also air 30 days of viewer notifications letting the audience know that the analog will be terminated early. Stations should also include this information in their Form 387 reports so that the FCC knows when the station intends to permanently terminate their analog service.

Tags: 2009, DTV, Digital Television, February 17, analog to digital

Posted on September 19, 2008 by David Oxenford

FCC Tackles Equipment Manufacturers for Not Including DTV Tuners in Their Devices

As the digital television transition continues to progress, the FCC has been pursuing not only broadcasters who have been slow in building out their digital facilities, but also consumer electronic manufacturers who have not done enough to facilitate the transition. In a letter released this week, Chairman Martin has by letter urged consumer electronics retailers to stock inexpensive converter boxes that will pick up digital signals and allow analog television sets to broadcast those signals, keeping those sets from becoming obsolete. Also, the FCC recently entered into a consent decree agreeing to a fine for Sling Media for not including a digital television tuner in some of its equipment, reminding all consumer electronics manufacturers, including those who install them as an adjunct to their technology, of the need to include such tuners in their equipment.

The issue of the digital converter boxes is an interesting one. When NTIA started issuing coupons to consumers to subsidize their transition to digital, it was hoped that the $40 coupons that consumers would receive would come close to covering the entire cost of the converter box necessary to keep an analog set operational. In fact, in most cases, the boxes have cost more than $40, requiring the consumer to pay at least some of the cost of the box. What has been particularly frustrating has been the announcement that Echostar, the satellite television provider of the Dish Network, had manufactured a highly rated box that would be available at $40, and would also include the ability to “pass through” analog signals – to continue to receive analog as well as digital signals – a particularly important property in markets where there are LPTV or TV translator stations that will continue to operate in analog after the February 17, 2009 deadline for the digital conversion of full-power television stations (see our post here on that issue). However, as the Chairman's letter makes clear, that box and boxes like it are not available in most consumer electronics stores. Thus, the Commission has urged retailers to stock such devices in these final months before the digital cut-off so that no one is left behind.

Tags: DTV, DTV converter box, Digital Television, Echostar, Slingbox, analog television, consumer electronics, television manufacturers, television tuners, tv coupons

Posted on September 15, 2008 by David Oxenford

Digital Television Conversion is a Reality in Wilmington NC - Publicity Ramps Up Around the Country While Issues of Readiness are Raised

It's been a week since Wilmington, North Carolina became the first television market in the country to have virtually all of its television stations convert to digital - ceasing their analog operations. The FCC, NAB and local stations all concentrated great resources in Wilmington in order to ensure that the transition was smooth and, while most observers believe that disruption was minimal, there are some who remain concerned about the results of the Wilmington experiment, and whether it can be replicated in other television markets. While the FCC ramps up its efforts to promote the digital television transition around the country, one Commissioner has suggested several other steps that should be taken (including leaving an analog lifeline for those people who don't get the message), and Congress is set to weigh in on the issues over the next two weeks. All in all, the push is on for the February 17, 2009 transition to digital.

One of the most thought provoking commentaries on the transition comes from Harry Jessell, editor of TV Newsday. In a commentary published last Friday, Jessell computes that the complaints in Wilmington amounted to about 5% of the television households in that market. If that pattern was to be repeated in all markets around the country, Jessell computes that there would be about 1.7 million homes that will miss the transition and be without TV service on February 18. Jessell further figures that this is a best case number, as all of the publicity showered on Wilmington will not be available in the remainder of the country, and there will likely be more technical problems in other markets with more irregular terrain than Wilmington (which is mostly flat coastal plain) and where TV towers are in different locations. Jessell suggests several steps - including staggered cut-off dates to avoid overloading national DTV hotlines, more education on antenna issues (one of the major issues in Wilmington), and more "soft-tests" (stations ceasing analog operations for limited periods to see if their viewers are ready for the transition). It is a commentary worth reading.

Tags: DTV transition, Digital Television, Wilmington television transition, analog television, digital transition deadline, television converter boxes

Posted on September 5, 2008 by David Oxenford

FCC Grants Small Cable Systems Reprieve from Digital Must-Carry Requirements

The Commission this week released an Order exempting certain small cable systems from the requirement that, after the February 2009 digital transition, for a three year period, cable systems carry both an analog version of a broadcast television station's signal plus the station's high definition signal. This dual carriage requirement was imposed so that the cable system would ensure that a version of the station's signal was available to all subscribers to the system, and so that those who had high definition sets could receive the television signal without "material degradation" of its signal, as required by FCC rules. As some small systems either did not have the bandwidth to transmit an HDTV signal or could not meet the costs necessary for such carriage, the Commission decided to grant these systems an exemption. Specifics of the FCC decision and the exemption, and on the background of this ruling, can be found in Davis Wright Tremaine's Advisory on this order.

Tags: Cable Carriage, Digital Television, analog television, digital cable, dual carriage, high definition television, material degradation, small cable system

Posted on August 23, 2008 by David Oxenford

What to Do With TV Channels 5 and 6 - Proposals to Turn Them Over to Radio Services

The Digital Television conversion has allowed the FCC to reclaim significant portions of the TV spectrum for wireless and public safety uses - television channels above 51 will no longer be used for broadcast TV at the end of the analog to digital transition. But, as part of the FCC's Diversity proceeding (see our post here), a proposal dealing with the other end of the TV spectrum is being considered - whether to remove Channels 5 and 6 from the television band and instead use these channels for FM radio. These channels are adjacent to the lower end of the FM band. Because of this adjacency, the existence of TV Channel 6 in a market can limit the use of the lowest end of the FM band (used for Noncommercial Educational stations) to avoid interference to the TV station. Similarly, Channel 6's audio can be heard on many FM radio receivers, a fact that has recently been used by some LPTV operators to use their stations to deliver an audio service that can be received by FM radios (see our post on this subject). In comments filed in the Diversity proceeding, parties have taken positions all across the spectrum - from television operators who have opposed using the channel for anything but television, to those suggesting that the channels be entirely cleared of television users and turned into a digital radio service. Proposals also suggest using the band for LPFM operations, and even for clearing the AM band by assigning AM operators to this band to commence new digital operations.

In comments that our firm submitted on behalf of a group of noncommercial FM radio licensees who also rebroadcast their signals on a number of FM translator stations, we suggested that Channel 6 could provide a home for LPFM operations, instead of trying to squeeze those stations into the existing FM band. There are currently proposals to squeeze more LPFM stations into the FM band by supplanting some FM translators (see our summary of some of those proposals here). In these comments in the Diversity proceeding, we pointed out that, as there are currently radios on the market that receive 87.9, 87.7 and even 87.5, using these three channels for LPFM service would provide an immediate home to these stations, and far more opportunity for than LPFM would have in the already congested FM band. These opportunities would exist even in most of the largest radio markets in the country, except in the handful of markets where a Channel 6 television station will continue to operate after the digital transition. By adopting this proposal, the service that would be provided by FM translators would not be threatened.

Tags: AM station, Digital Radio, Digital Television, FM Radio, FM Translators and LPFM, FM translator, LPFM, LPTV, NCE station, analog TV, broadcast diversity, channel 5, channel 6, digital TV, digital transition, noncommercial educational station

Posted on August 11, 2008 by David Oxenford

FCC Sets 2008 Regulatory Fees and Starts Proceeding to Reallocate Future Fees

The FCC today released its schedule for Regulatory Fees that will be paid in September of this year. The Order set the fees to be paid by entities regulated by the FCC, increasing those fees as required by Congress by approximately 7.5% over the fees paid last year. The fees to be paid by broadcasters are set forth below. Fees for all other services can be found in the appendix to the FCC's Order setting the fees. The exact window for paying the fees has not yet been set, but should be announced later this month, in a public notice that will also provide more details on the filing process. The Order also contains a Further Notice of Proposed Rulemaking, asking if the FCC should change the allocation of fees between the services regulated by the FCC. As to broadcasters specifically, the FCC asks if it should adopt fees for Digital Television, as the current FCC fees apply only to analog television. Comments on these issues will be due 30 days after this Order is published in the Federal Register.

In reaching its decision as to the fees for 2008, the FCC decided not to impose a fee on AM expanded band stations for the current fee cycle - but it will decide whether to do so after the FCC decides the issue raised in the pending Diversity proceeding as to whether to allow licensees to retain those AM stations if they are held by a small business entity.

Fees are paid based on the status of the station as of October 1, 2007 (so, for instance, if a station had received an upgrade in the interim, it pays based on its old facilities). However, the licensee who owns the station as of the date that fees are due is responsible for paying those fees, even if it did not own the station as of October 1, 2007. Fees for radio are set by a combination of the predicted population served by the station and the class of the station, while TV station's fees are paid based on TV market size. Parties holding construction permits for new stations pay flat fees regardless of the area served by the proposed station, and there are also flat fees for broadcast auxiliaries, television stations that are authorized as satellites of other stations, and secondary broadcast stations (e.g. translators). Noncommercial operators are exempt from the fees. The fees for broadcasters can be seen by clicking on the "Continue Reading" link below.

Tags: AM Radio, Digital Television, Expanded band, FCC Fees, broadcast fees, regulatory fees

Posted on August 6, 2008 by Brendan Holland

Dates for Reimbursement Under the LPTV Digital-to-Analog Grant Program Revised

On Monday, the President signed into law a bill adjusting the reimbursement dates of the Low Power Television grant program by which LPTV and TV translator stations can seek a $1,000 grant in order to ensure that they are able to continue to receive and rebroadcast the signals of primary full-power television stations once the full-power stations complete the transition to digital television. In late 2007, the government announced the start of the LPTV Digital-to-Analog grant program designed to help translators and low power television stations continue their analog broadcasts after the February 17, 2009 conversion of full-power television stations to DTV. Specifically, the LPTV Digital-to-Analog Conversion grant program will provide funds to eligible translators and LPTV stations that need to purchase a digital-to-analog converter box in order to convert the incoming signal of a full-power DTV station to analog format for retransmission on the analog LPTV station. The program has been funded with a total of $8 million, which is available in $1,000 grants to eligible LPTV stations. As a result of the recent change, funds granted through the LPTV Digital-to-Analog grant program will available beginning in fiscal year 2009 (Oct. 1, 2008 – Sept. 30, 2009), rather than in fiscal year 2011. In addition, the recent bill also extends the availability of funding through fiscal year 2012.

Any low-power television broadcast station, Class A television station, television translator station, or television booster station that meets the following three criteria may apply for the grant to defray the cost of the digital-to-analog converter box:

It is itself broadcasting exclusively in analog format;
It has not purchased a digital-to-analog conversion device prior to February 8, 2006; and
It is (or will be) re-transmitting the off-air digital signal of a full-power DTV station.

Applications for this grant program are being accepted until February 17, 2009. Priority compensation will be given to eligible LPTV stations licensed to 501(c) non-profit entities or LPTV stations serving a rural area of fewer than 10,000 viewers. Thus, priority is given to stations owned by translator associations and others that might not otherwise be able to afford the costs of converting the signals that they receive from analog to digital, and which might, without the grants, go off the air. More information on how to apply for such grants is available on the NTIA’s website here.

Tags: 2009, DTV, DTV conversion, Digital Television, February 17, LPTV, Low Power Television/Class A TV, NTIA, TV translator, Television, digital to analog conversion, grant program, rural television

Posted on July 9, 2008 by Brendan Holland

Update to Form 387 DTV Status Report Due by July 18th

The FCC has released a Public Notice reminding TV stations to update their FCC Form 387 DTV Transition Status Reports. If you will recall, these are the Reports filed by each station in February of this year outlining the steps remaining for the station to complete the transition to DTV. Stations are under an obligation to update that status report as circumstances warrant, and also by October 20, 2008.

Now, however, the FCC needs to prepare a status report of its own, so it has requested that all stations update their Form 387 by no later than July 18, 2008, which is next Friday. The Public Notice states that: “Stations should report any significant changes to the information contained in their original DTV Transition Status Reports including a change in the station’s (1) transition plans, (2) construction or operational status or (3) existing service (e.g., reduction or termination of analog or pre-transition digital service). In addition, stations should report if they have filed (1) an application for extension of time; (2) an application for digital construction permit; (3) a request to reduce or terminate analog or digital operations; and/or (4) a petition for rulemaking to change their post-transition DTV channel.” A copy of the complete Public Notice is available here.

Accordingly, stations will need to review the status of their DTV transition and their plans for between now and February 17, 2009, and update the Form 387 by Friday, July 17th. At the very least, stations migrating back to their current analog channel or else flash-cutting to digital on their current analog channel will need to reflect the fact that they have now obtained a construction permit authorizing that modification of the station’s facilities . Alternatively, for those few stations that have nothing new to report, there's no need to file anything.

Tags: DTV, Digital Television, FCC Form 387, Television, digital television transition

Posted on July 7, 2008 by David Oxenford

The Digital Transition End Game in Smaller Markets - The Problem with LPTV

I recently attended the convention of the Montana Broadcasters Association, and just a few weeks before that I had been at an event sponsored by the Washington State Association of Broadcasters. Talking with small market TV Broadcasters in those states, an issue that does not affect major television markets but which complicates the digital transition has become clear. In smaller markets in many states, particularly in some of the western states where there are multiple geographically dispersed cities in many television markets, there is at least one network affiliate in many cities that is either an LPTV or TV translator station. As we've written before, LPTV and translator stations are not required to convert to digital by the February 2009 digital conversion deadline. Instead, these stations can continue to operate in analog until an as yet unspecified date in the future. While these stations are allowed to convert to digital, many do not have the resources to do so. Thus, many of these stations will continue to broadcast in analog after the February 18 transition deadline. What makes the issue particularly problematic is that most DTV converters do not allow the "pass through" of analog programming, i.e. once they are hooked up, television sets only receive digital signals and analog signals are effectively blocked. This presents the potential of marketplace confusion for those viewers who do not receive their signals from cable or satellite, as they will be getting conflicting messages - being told to get a digital converter to pick up the full-power stations in a market as they convert to digital, but if the consumer buys the wrong converter box, they will not be able to receive other LPTV and translator stations in the same market.

The problem has been exaggerated as converter boxes with analog pass through have been delayed in reaching the marketplace. When I bought converter boxes in Washington, DC early last month, neither of the two major electronics retailers had the converter boxes with analog pass-through available. A well-reviewed box from EchoStar was supposed to hit stores last month, but it is in short supply. I can find it on-line only at the Dish Network's (owned by EchoStar) own website. Thus, for households who buy and connect most of the available digital converter boxes, suddenly their analog LPTV stations are gone. In some of these smaller Western markets, that may mean the loss of one or more local network affiliates.

Tags: Digital Television, LPTV, Low Power Television/Class A TV, TV translator, Wilmington, analog station, converter box, digital conversion, digital converter

Posted on June 21, 2008 by David Oxenford

Closed Captions and Video Description - The First Step to FCC Regulation of On-Line Media?

A recent Washington Post article highlights a bill that was recently introduced in Congress suggesting that the FCC bring back their rules for audio descriptions of video programming - rules which were thrown out by the Courts several years ago as being beyond the scope of the Commission's authority without explicit Congressional authorization. But not only does this bill propose to give that missing Congressional approval to the FCC to re-introduce video description requirements for broadcast television, but it would authorize the FCC to introduce these rules, and closed-captioning requirements, on all video screens, including MP3 players, wireless devices and other video devices getting their programming through the Internet or other digital technologies. With this bill, and various other proposals that have surfaced in recent months, it seems more and more likely that, as the Internet becomes even more important in the provision of broadcast-like programming in the future, the FCC may be called on by Congress to impose broadcast-like restrictions on that programming.

The full text of the recent bill, introduced by Congressman Markey, Chair of the House Subcommittee on Telecommunications and the Internet, can be found here. A summary of the bill is also available on Congressman Markey's website. The bill deals first with the accessibility of telephones and other communications devices, before setting out the provisions dealing with the captioning and video description requirements for broadcast and Internet video devices. The bill first asks the FCC to study and report to Congress on the issues with captioning and video description on video devices, and then asks the FCC to adopt rules governing these matters, making video programming placed on the Internet that was either broadcast on a television stations or which is "comparable" to broadcast programming to be subject to these rules. The idea is to make all TV-like programming subject to the rules, no matter what device it is viewed on. Presumably, if adopted, the law would allow the FCC to make exemptions for certain types of programming (just as it currently allows exemptions from the current closed captioning requirements for small entities that have insufficient resources to caption a program). The bill also requires that the FCC make sure that program guides and emergency information are available to those with hearing or visual difficulties, and that the navigation devices on video receivers can be worked by those with disabilities. So the FCC would have much to do to comply with this law, if adopted, and all within an 18 month period.

Tags: Digital Television, FCC internet regulation, Indecency, Internet Video, On Line Media, captioning, platform parity, video description

Posted on June 16, 2008 by David Oxenford

FCC Announces that Form 388 Will Be Filed in CDBS

FCC Form 388 reports on the efforts of television stations to educate their viewers about the digital television transition. We wrote about the details of that new form, filed for the first time in April. When the form was last filed, as it had been adopted only days before, the Commission did not have time to update its CDBS system to allow for the electronic filing of that form in the system where all other FCC forms are submitted. Instead, the FCC required that first form be filed in ECFS, the system usually used for filing rulemaking comments in docketed proceedings. However, the Commission has just announced that the form is now available in CDBS so, when the form is next submitted on or before the July 10 deadline, reporting on the last three month's DTV educational activities, broadcasters can use the standard filing system. The ECFS filing system caused great consternation among broadcasters and the FCC, as it did not automatically link up the reports with the stations that submitted them. Thus, many stations that timely filed the form received admonitions from the FCC, alleging that the forms had not properly been submitted. Hopefully, as the standard filing system can now be used, those sorts of issues will be avoided. So remember to file the form by the deadline, and to use the CDBS system this time around.

Tags: Digital Television

Posted on May 28, 2008 by David Oxenford

What Will the FCC Learn from Wilmington - The Beginning of the End of the TV Digital Transition

With the Digital Television conversion date only eight and a half months away, the end game is beginning. The FCC has announced that Wilmington, North Carolina will be a test market for the digital conversion, going all-digital on September 8 (or almost all digital, as the local NPR affiliate is not planning to turn off its analog signal, and one LPTV station will continue to operate in analog). This will provide the FCC with an opportunity to determine what will really happen when the digital transition occurs in February of next year. What will the FCC learn from this early test? In the statement of Commissioner Copps at a recent town hall meeting held in Wilmington to address the digital conversion, some of the issues to be watched were set out.

Essentially, the Commissioner identified four different broad categories of issues that would be considered. They are:

Technical issues - will the DTV signals provide adequate service to their communities? Will the converter boxes be able to receive the signals with "rabbit ear" antennas, or will there be reception problems
Will consumers have received the word about the transition, or are there certain groups that will be particularly hard-hit by the transition, missing out on vital information about that transition?
How will various partnerships work? The Commissioner identifies partnerships between various industry, government and community groups to distribute news about the transition, but there are also partnerships between stations and multi-channel video providers (cable and direct broadcast satellite) that need to be worked out
The unknown - what other issues that are not anticipated will arise?

As set forth below, many of these issues have been receiving extensive press coverage in recent weeks.

Tags: DTV, Digital Television, HDTV, analog television, converter box, television conversion, tv test market, wilmington digital conversion

Posted on May 15, 2008 by David Oxenford

Broadcasters and the Regulatory Pendulum - Swinging Toward More Regulation

In recent months, the broadcast industry has experienced one of the most active periods of regulatory activity in recent memory. Since November, the FCC has adopted enhanced disclosure obligations concerning the public interest programming of television broadcasters and requirements for an on-line public inspection file; rejected most calls for increased deregulation of broadcast ownership (allowing only the cross-ownership of broadcast stations and newspapers in the largest markets); established specific prohibitions against advertising practices that involved “no Spanish, no urban dictates”; placed mandatory disclosure obligations on television broadcasters in connection with promotion of the DTV transition; proposed rules that could favor low power FM stations over improvements in full-power broadcast services and existing FM translator licensees; and proposed sweeping regulation of broadcasters which could potentially require specific amounts of nonentertainment programming by all stations, restrict the flexibility of broadcasters' location of their main studios, require 24-7 live staffing for all stations that operate on that basis, and perhaps even evaluate the music selection process of radio operators. Rumored to be in the offing are proposals to regulate embedded advertising, to adopt enhanced rules on sponsorship identification in connection with video news releases and payola-like practices, and perhaps even expand EEO reporting requirements (as the FCC recently asked for public comment on the employee-classification information for its long-suspended requirements for the filing of FCC Form 395 – the Annual Employment Report in which stations categorize all their employees by their employment duties, race and gender). And Congress has not been idle, with proposals introduced for the adoption of a performance royalty on over-the-air radio for the use of sound recordings, hearings about potential restrictions on prescription drug advertising, and a proposal to roll back the limited ownership reform adopted by the Commission in December.

With all this activity in a six month period under a Republican administration with a Republican majority on the FCC, during a time of great turmoil in the broadcast industry itself, as television prepares for the digital transition and broadcast revenue growth is slow or nonexistent (based on a variety of factors including general economic conditions and competition from the plethora of new media choices), many broadcasters are wondering what’s going on? And some fear even more changes could come about in any new administration that may come to Washington after the November elections, no matter what the result of that election. The one candidate with the most experience in the regulation of broadcasting, Senator McCain who has chaired the Senate Commerce Committee which regulates the broadcast industry, has by no means been a captive of the broadcast industry – leading efforts to enhance the use of LPFM and at one point pushing a spectrum tax proposal for television broadcasters for the use of the digital spectrum.

Tags: Advertising Issues, Digital Television, EEO Compliance/Diversity, EEO regulation, FM Translators and LPFM, Form 395, General FCC, Multiple Ownership Rules, Programming Regulations, Public Interest Obligations/Localism, broadcast regulation, enhanced disclosure, main studio, marketplace regulation, media business, media competition, public inspection file, public interest, reregulation

Posted on April 4, 2008 by Brendan Holland

Special Note Re: FCC Form 388 DTV Education Efforts

As we posted earlier, television stations must file an FCC Form 388 with the FCC reporting on their DTV educational efforts by April 10th. That Form is now available on the FCC's web page here. However, stations should be aware of the unusual filing procedure required for this form. This form will not be filed through CDBS, but rather will be filed through the FCC's Electronic Comment Filing System (ECFS), which is used for submitting comments in notice and comment rule making proceedings. The ECFS submission page is available here. Thus, stations will need to prepare the FCC Form 388 using the Word document available on the FCC's web site, and then electronically submit the completed Word document into Docket Number 07-148 using ECFS. Although the new rules were only effective for one day of the First Quarter, stations should report any voluntary DTV educational efforts undertaken during the quarter.

Tags: Digital Television, FCC Form 388 form 388 DTV DTV education DTV PSAs, Television

Posted on April 1, 2008 by Brendan Holland

Broadcast Station Reminder -- Quarterly Filings due April 10th for DTV Education Efforts, Children's Programming, and Programs Lists

Quarterly Issues Programs Lists Due April 10th -- This is a eminder to all radio and television stations, both commercial and noncommercial, that Quarterly Issues Programs Lists reporting on the important issues facing the stations' communities, and the programs aired in the months of January, February, and March dealing with those issues must be prepared and placed in the stations' public inspection file by April 10, 2008. The failure to have a complete set of Quarterly Issues Programs lists, which were timely prepared and placed in a station’s public file, can lead to significant fines at license renewal time so all stations are urged to prepare their Quarterly Issues Programs lists in a timely fashion. See our full advisory for further details.

Please note, the New Form 355 for television stations has not yet become effective, but when it does, television stations will be required to use this new form to report on their programming content in great detail. Stations should prepare for the implementation of this form now.

Children's Program Reports Due April 10th -- Commercial full power and Class A low power television stations are reminded that Children's Television Programming Reports on FCC Form 398 must be prepared and filed electronically with the FCC by April 10, 2008. The Reports must also be placed in the stations' public inspection files by that date. Our recent advisory is available here with all the details, including the requirements for DTV stations airing multiple program streams and details about the new Form 398. Quarterly certifications regarding compliance with the commercial limitations in Children's Programming should also be prepared and placed in the public inspection file by April 10th.

New Form 388 Report on DTV Educational Efforts Due April 10th -- Last, and definitely not least, by April 10th full power television stations must electronically file the newly minted Form 388 reporting on their efforts to inform viewers about the DTV transition. Although the FCC's new rules mandating educational efforts by TV stations were only effective March 31st (the last day of the quarter), the FCC nevertheless is requiring that all stations file a report detailing their DTV education efforts during the First Quarter of 2008. Thus, stations will largely be reporting on any voluntary educational efforts undertaken in the first quarter (PSAs, news programs, etc.), as well as electing which of the three Options that they intend to employ for their DTV educational efforts going forward. More information is available in our recent advisory.

Tags: AM Radio, Digital Television, FM Radio, General FCC, Television

Posted on March 28, 2008 by David Oxenford

FCC Rules on Consumer Education to Go Into Effect on Monday - Broadcast and Cable Systems Should Be Ready to Start Compliance Efforts Immediately

The FCC today released a Public Notice stating that their DTV Consumer Education rules will go into effect on Monday, March 31, when they are published in the Federal Register. Thus, broadcast television stations need to immediately be prepared to start complying with these rules. These rules require that broadasters pick from a set of three plans setting out very specific consumer education activities. Under Option 1, the option which originated from the FCC, PSAs about the transition would need to start running immediately - 4 spots a day on Monday, and 8 a day on Tuesday, April 1. We expect that most stations will follow Option 2 - the NAB plan - as it provides more flexibility. But even under the NAB plan, you will need to be running at least 16 30-second PSAs and 16 crawls, all providing information about the transition, during the coming week. Noncommercial stations also have a third option. For specific information on the requirements, see our memo on the requirements of the new rules, or review the full Commission order, here.

On April 10, stations will also need to file the new Form 388 for the first time. On this form, stations will need to specify which of the Options they are selecting (an irrevocable option). Stations will also need to detail the consumer education education efforts that they have engaged in over the previous quarter - which obviously would have been voluntary efforts prior to the effective date of the new rules on Monday.
Continue Reading...

Tags: DTV, Digital Television, Form 388, HDTV, consumer education

Posted on March 9, 2008 by David Silverman

FCC Announces DTV Consumer Education Requirements - Very Specific PSA Obligations Placed on Broadcasters

Although many TV stations are already airing PSAs and other programming designed to educate the public about the upcoming digital television transition, the FCC released an Order containing very specific requirements for these educational initiatives. These rules mandate public education efforts about the DTV transition by television broadcasters, multichannel video providers, and electronics manufacturers. In addition, the new rules require that television stations file a quarterly report on a new form, FCC Form 388, with the FCC (that is also placed in the station’s public file and on its website) certifying compliance with the requirements of the rules and setting out specifics of other consumer educations efforts about the DTV transition that the station has undertaken.The requirements will become effective immediately upon publication in the Federal Register, and continue through March 31, 2009, for all full power stations who complete the transition to their full DTV facilities by February 18, 2009.

The FCC has established three options for meeting the educational initiatives requirement, two of which are available to all TV stations, and one of which is available to noncommercial stations only. Each has very specific mandates as to how many PSAs about the digital transition are required, and how much additional content (crawls, various over-lays onto programming, long-form programs) are required to meet the obligations. Thus, broadcasters and others subject to these rules should review the specific requirements carefully.

Tags: DTV transition, Digital Television, Form 388, analog television, consumer education, digital transition

Posted on February 24, 2008 by David Oxenford

The Trouble With LPTV - No Plan for DTV Transition

In recent weeks, Low Power Television stations have been the center of attention in Washington in connection with the Digital television transition. While all full-power television stations are set to convert to digital operations less than a year from now, ceasing analog operations at the end of the day on February 17, 2009, there is no specific deadline for LPTV stations to convert to digital. As the NTIA rolls out its coupon program for the purchase of converter boxes that will take digital signals of over-the-air television stations and convert them to analog for those who do not have digital television receivers (see our summary here), LPTV advocates noted that many converters do not pass through analog signals. Thus, once a television is hooked up to a converter box, that television will not be able to pick up stations broadcasting in analog - so many unconverted LPTV stations after the conversion date will be denied access to television receivers.

Suggestions have been made that the converter boxes be reconfigured to pass through analog - unlikely as many of the boxes have already been manufactured and are on their way to stores (note that some converters do pass through analog signals, but a consumer needs to look for those boxes). LPTV advocates have also asked for some form of cable must-carry during the transition process - a proposal sure to be opposed by cable system operators.

Tags: DTV, Digital Television, LPTV, Low Power Television/Class A TV, Must carry, class A TV, digital transition, low power TV, secondary station

Posted on February 13, 2008 by Brendan Holland

Comments in Localism Proceeding due March 14

The Commission's Localism Report and related Notice of Proposed Rule Making seeking comment on a slate of proposed new rules has been published in the Federal Register. Accordingly, Comments in this rule making proceeding must be filed with the Commission by March 14 and Reply Comments must be filed by April 14. This is a very short period of time in which to comment on a number of significant proposals that are poised to return the broadcast industry to the regulatory structure of the 1980s. As we reported earlier, the Commission proposes to re-regulate broadcast stations, and the NPRM suggests a number of substantive rule changes, such as effectively re-instating ascertainments, eliminating the unmanned operation of broadcast stations, imposing quantitative programming requirements, and requiring that main studios be maintained within a station's community of license. This NPRM proposes a number of potentially burdensome requirements, many of which were eliminated by the Commission long ago, and many of which go beyond what the FCC has ever required.

Given the potential impact that the FCC's proposed rules could have on broadcast stations, broadcasters are encouraged to file comments in this important rule making proceeding.
Comments can be filed with the Commission in paper or electronically through the FCC’s Electronic Comment Filing System. When submitting comments, commenters should be sure to reference the docket number for this rule making, MB Docket No. 04-233.

Tags: AM Radio, Digital Television, FM Radio, FM Translators and LPFM, General FCC, Programming Regulations, Public Interest Obligations/Localism, Television

Posted on February 9, 2008 by David Oxenford

Further Summary of the Digital Television Transition Process Published

On the last day of 2007, the FCC released its Third Periodic Review of the Digital Television rules and policies, providing the rules and procedures that TV stations must follow in their final transition from analog to digital operations. This transition leads up to the February 17 deadline when all television stations must cease analog broadcasting and operate full-time in digital. We first summarized that order here. Now that the order has been published in the Federal Register, and deadlines and filing dates have become fixed, our firm, Davis Wright Tremaine, has published a more complete summary of the DTV transition rules. The advisory containing that summary can be found here. Read it and prepare for the hectic year before the digital conversion is complete.

Tags: DTV, Digital Television, HDTV, Third Periodic Review, analog television, digital television transition

Posted on January 31, 2008 by David Oxenford

Broadcast Calendar for 2008 Available - Reminders on FCC Filing Deadlines, Lowest Unit Rate Windows, SoundExchange Royalty Payment Dates and More

Here we are, almost a full month into the new year, and a number of important dates for broadcasters are already upon us. As we wrote here, for instance, the payment of a minimum fee to SoundExchange by radio stations streaming their signals on the Internet is due today. Lowest unit rates are in effect in many states for upcoming Presidential and even some Congressional primaries (see our post announcing the beginning of the LUR period for Super Tuesday). FCC filing deadlines for Annual Ownership Reports for a number of states are due on February 1, as are EEO Public File Reports for several states. And, on February 18, full power television stations must file with the FCC a Form 387 Status Report detailing where they are in their transition to digital television in time for the February 2009 transition deadline. How is a broadcaster to keep all these dates straight? Check out our advisory on the Important Dates for Broadcasters in 2008, available here, which tracks many of the deadlines that will occur this year - including the dates of routine FCC filings, lowest unit rate windows for political broadcasting purposes, and digital television transition milestones.

And a reminder about February 1 deadlines. Radio stations in Arkansas, Louisiana, Mississippi, New Jersey, and New York, and television stations in Kansas, Nebraska, and Oklahoma must prepare and file electronically an FCC Form 323 Biennial Ownership Report with the FCC. Our Advisory on completing and filing the Ownership Report can be found, here. And radio and television Station Employment Units in Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York, and Oklahoma must place in their Public Inspection File and post on their website, if they have a website, their FCC Annual EEO Public File Report. In addition, radio stations in Arkansas, Louisiana, and Mississippi with eleven or more full-time employees must also prepare and file electronically with the Commission an FCC Form 397 Mid-Term EEO Report. Our Advisory on these filing requirements can be found here. Stay on top of all these deadlines with our advisory on Important Dates for Broadcasters for 2008.

Tags: Digital Television, EEO Compliance/Diversity, EEO reports, FCC Fees, FCC filing dates, General FCC, Internet Radio, Ownership reports, Political Broadcasting, internet radio fees, lowest unit rates, soundexchange fees, streaming fees, webcasting fees

Posted on January 30, 2008 by Brendan Holland

Dates Set for DTV Filings

The Commission's DTV Third Periodic Review adopting the rules and procedures for moving television stations through the end of the DTV transition was published in the Federal Register today, meaning that almost all of the new rules and forms adopted by the Order are now effective. Now that the majority of the new rules are in effect, several related filing dates have been established. As expected, this evening the FCC released its Public Notice notifying stations of several deadlines and summarizing some aspects of the Commission recent DTV Order.

First, the FCC Form 387 DTV Status Report is now available and can be filed electronically through CDBS. Consistent with the Third Periodic Review, all television stations, even those that have built and licensed their post-transition DTV facilities, must file a DTV Status Report on FCC Form 387 by February 19th (the FCC gave one extra day due to the federal holiday).

Second, as part of the final push to digital many television stations need to obtain a construction permit for their post-transition facilities. In order to avail themselves of expedited processing, stations must file their Form 301 or Form 340 construction permit applications by March 17th (45 days from today). If stations 1.) file their applications before March 17th, 2.) the application does not expand the station’s facilities beyond its final post-transition DTV Table Appendix B facilities, and 3.) the application specifies facilities that match or closely approximate the DTV Table Appendix B facilities, then the FCC has said that it will expedite processing of the application, generally acting on such applications within ten days.

Third, the FCC has imposed deadlines by which stations that need to obtain a construction permit for their post-transition facilities must file their construction permit applications. Stations with an August 18, 2008 construction deadline must file a CP application no later than March 17, 2008. Stations with a February 17, 2009 deadline must file a CP application no later than June 19, 2008.

The particular steps necessary for a station to complete the DTV transition by the February 17, 2009 end of analog broadcasting will vary depending on the station, but now that the new rules and forms are in effect stations are urged to begin preparing their applications immediately. See our earlier posting for more details about the Third Periodic Review and the specifics about how stations will complete the DTV transition.

Tags: 2009, DTV, Digital Television, February 17, Form 397, Television

Posted on January 26, 2008 by David Oxenford

FCC Releases Rules for Enhanced TV Disclosure Requirements

The FCC has released the full text of its Order adopting enhanced disclosure requirements for broadcast television stations - requiring that they post their public files on their websites and that they quarterly file a new form, FCC Form 355, detailing their programming in minute detail, breaking it down by specific program categories, and certifying that the station has complied with a number of FCC programming rules. The Commission also released the new form itself and, as detailed below, the form will require a significant effort for broadcasters to document their programming efforts - probably requiring dedicated employees just to gather the necessary information. The degree of detail required is more substantial than that ever required of broadcasters - far more detailed than the information broadcasters were required to gather prior to the deregulation of the 1980s - though, for the time being, much (though not all) of the information is not tied to any specific programming obligations set by the FCC.

Before getting to the specifics of the new requirements, the thoughts of the Commission in adopting this order should be considered. The Commission's decision focuses on its desire to increase the amount of citizen participation in the operation of television stations and the decisions that they make on programming matters. While many broadcasters protested that the public rarely cared about the details of their operations, as evidenced by the fact that their public files were rarely if ever inspected, the Commission suggested that this was perhaps due to the difficulty the public had in seeing those files (the public actually had to go to the station to look at the file) and the lack of knowledge of the existence of the files (though broadcasters routinely broadcast notice of the public file's existence during the processing of their license renewal applications, rarely producing any viewers visiting the station to view the file). With respect to the new Form 355 detailing the station's programming, the Commission rejected arguments that reporting of specific types of programming in excruciating detail imposes any First Amendment burden on stations, as the Commission claims that it has imposed no new substantive requirements. Yet the Commission cites its desires that the public become more involved in the scrutinizing of the programming of television stations, which it states will be aided by the new form, and also emphasizes the importance that the Commission places on local service (an item detailed in Form 355). At the same time, in its proposals detailed in its Localism proceeding (summarized here), the Commission is proposing rules requiring specific amounts of the very programming that is reported on Form 355, the very numbers that, in this proceeding, it claims have no significance. Moreover, citizens will be encouraged by the Commission's actions to scrutinize the new reports, and file complaints based on the perceived shortcomings of the broadcaster's programming. Broadcasters in turn will feel pressured to air programming that will head off these complaints. So, implicitly, the Commission has created the First Amendment chilling effect that it claims to have avoided.

Tags: Digital Television, From 355, PSA, Public Interest Obligations/Localism, Television, closed caption, enhanced disclosure, localism, multicasting, news programming, programming obligations, public affairs programming, public file, public interest, public service announcements, television station, video description

Posted on January 25, 2008 by Brendan Holland

Women's Posteriors Now Indecent

This evening, at about the close of business on a Friday evening, the FCC issued a decision on an number of indecency complaints involving a five-year old episode of "NYPD Blue." The Commission fined approximately fifty or so ABC affiliates in the Central and Mountain time zones $27,500 each for airing indecent material. Specifically, the Commission found that a scene in the episode aired on February 25, 2003 containing adult female nudity to be indecent. The Commission rejected ABC's seemingly common sense argument that a woman's buttocks are not "sexual organs" within the definition of the indecency rules. Instead, the FCC has now determined that showing the backside of a naked woman is a violation of the indecency rules if it airs before 10 PM, as it did in the Central and Mountain time zone. A copy of the FCC's decision can be found here. If there is a silver lining it is that the FCC imposed the statutory maximum that existed at the time the programming was aired -- $27,500 -- rather the new, stepped up fines. Further, the Commission fined only those stations about which it received an actual complaint, and not simply all stations in those time zones that aired the episode.

The stations have until February 11th to either pay the fine or appeal the forfeiture. This is an accelerated timeframe for responding or paying the fine, as usually Commission gives stations 30 days to respond to a Notice of Apparent Liability for Forfeiture. It is unclear what the impetus was for the FCC to finally issue a decision on the "NYPD Blue" complaints nearly five years after the episode originally aired and with several challenges on earlier Commission indecency rulings currently pending before the courts. No word yet on whether ABC and the affected affiliates will appeal the decision, but it seems likely that this indecency decision will join the others already in the pipeline for judicial review. And in the meantime, broadcasters have been put on notice that a woman's posterior is now officially indecent material. No word yet on whether showing a man's rear end is equally problematic, but if there's a station willing to air it and a viewer willing to complain, the FCC will undoubtedly tackle that critical issue if and when it arises.

Tags: Digital Television, FCC, Indecency, Low Power Television/Class A TV, NYPD Blue, Television, indecency rules

Posted on January 21, 2008 by David Oxenford

FCC Announces Further Testing of White Spaces Devices

The FCC has announced that on January 24 it will begin a new round of testing of wireless devices that will work in that part of the communications spectrum currently reserved for television station operation. The idea, about which we wrote here, would be that these devices could operate at low power, on channels not used by television stations in a particular market (the so-called "white spaces"), without creating interference to television stations. Proponents (mostly tech and computer companies) claim that these low power devices could be used for wireless broadband and other communications devices, while opponents (principally television broadcasters, but also and wireless microphone companies which operate in the television spectrum) fear that the devices, when released into an unregulated, real-world environment, will create damaging interference to the new digital television operations that begin in February 2009. The Commission's tests will attempt to resolve this controversy.

The Commission has already once tested some devices, and found them wanting (see our summary here). However, those who support the devices claim that the tests were flawed and one of the devices that was tested was malfunctioning. So the FCC has announced revisions in the testing process, and opened the testing process to public observation. Four devices will be tested. No matter what the results of the tests, you can be sure that the debate will continue.

Tags: Digital Television, TV interference, Television, white spaces, wireless devices

Posted on January 2, 2008 by David Oxenford

Coupons For Converter Boxes Now Available From NTIA, So That Consumers Can Watch Digital Television on Analog Sets

The National Telecommunications and Information Administration ("NTIA") now has made available the coupons for consumers to use to buy converter boxes that will allow analog television sets to pick up the digital signals of television stations. We have written about the NTIA program before, here. Digital signals are now available in most markets, and these signals will be the only signals available from full power television stations after the February 17, 2009 digital conversion deadline. The coupons, valued at $40, will be available until they run out (and, by most estimates, Congress has not appropriated enough money for every household to get coupons). They are available to any household regardless of financial need, but can be used only to buy certain very simple converter boxes to convert over-the-air digital transmissions to analog so that the digital programs can be seen on analog television sets that are not hooked up to cable or satellite (cable and satellite systems will provide signals that will not need the use of these boxes). The NTIA has a very helpful website, here, to explain the coupon program. The applications for the coupons are available here.

Any household can apply for up to two coupons. Coupons cannot be aggregated to buy a single box - so the multiple coupons will only be of use to households with more than one set that is not connected to cable or satellite. As set forth on the NTIA site, the boxes are expected to cost between $50 and $70, so the coupon will not completely cover the cost of the box. What is perhaps most interesting is that, even though the applications for the coupons can be filed now, the coupons will not be sent out for another month or two, as there are no boxes yet available in local retail outlets.

Tags: DTV converter boxes, DTV coupons, Digital Television, analog television, digital conversion, digital converter boxes, digital to analog conversion, television coupons

Posted on January 1, 2008 by David Oxenford

FCC Releases Order Addressing the Process for the Final Transition to Digital Television

On the last day of 2007, the FCC released a 108 page order detailing its rules for the final stages of the transition of US full power television stations from analog to digital, a transition that is to be completed in less than 14 months. The Third Periodic Review, as the order is titled, covers in detail the timing of required construction of the final facilities for each full power television station, as well as various details on other transition issues. While we will prepare a more detailed summary of the order, some of the more significant issues that the Commission addressed include the following:

Established firm construction deadlines for final digital facilities for television stations which have not yet constructed those facilities. The deadlines are:
- February 17, 2009 for stations moving to a new digital channel, or to their analog channel, for their ultimate digital operations
- May 18, 2008 for stations that will remain on their current digital channel and which already hold a construction permit for their digital operations
- August 18, 2008 for stations that will remain on their current digital channel but which do not have a construction permit for their ultimate facilities
Extensions of these deadlines will be permitted only upon a showing that the circumstances preventing construction were unexpected or beyond the control of the licensee, including zoning and financial inability - though these standards were made more limited than those that previously applied. Any extension beyond February 17, 2009 will be granted only if it meets the Commission's tolling standards, e.g. there is litigation which must be resolved before the construction can begin or an Act of God that temporarily precludes construction.
By February 18, 2008, each television station licensee must file a new form with the FCC, Form 387, detailing the status of construction of the digital facilities of the station, and must update the information periodically if they have not yet completed their DTV construction.
The Commission has agreed to allow stations to receive Special Temporary Authority to operate with limited facilities, and to even cease analog broadcasting before the end of the transition or for periods of up to 30 days, if necessary to facilitate their ultimate construction, under certain specific guidelines and after prior notification that must be given to viewers.
The current freeze on applications for increased facilities will be lifted after August 18, 2008
The Commission adopted new interference standards for applications for improvement in digital stations
Any digital station, whether operating as a licensee or permittee, must pay fees for any ancillary or supplementary services that they provide with their digital spectrum
Provided a format for the station identification that must be used when a digital station uses a secondary channel to rebroadcast another station, such as a low power television station.

Tags: DTV transition, Digital Television, digital conversion, february 2009 televsion change, television conversion

Posted on December 19, 2007 by Brendan Holland

Broadcast Station Reminder: Children's Programming Reports and Quarterly Issues Programs Lists Due January 10th

A reminder to all radio and television broadcast stations, both commercial and noncommercial, that Quarterly Issues Programs Lists reporting on the important issues facing the stations' communities, and the programs aired in the months of October, November, and December dealing with those issues must be prepared and placed in the stations' public inspection file by January 10, 2008. The failure to have a complete set of Quarterly Issues Programs lists, which were timely prepared and placed in a station’s public file, can lead to significant fines at license renewal time so all stations are urged to prepare their Quarterly Issues Programs lists in a timely fashion. See our full advisory for further details.

In addition, commercial full power and Class A low power television stations are reminded that Children's Television Programming Reports on FCC Form 398 must be prepared and filed electronically with the FCC by January 10, 2008. The Reports must also be placed in the stations' public inspection files by that date. Our recent advisory is available here with all the details, including the requirements for DTV stations airing multiple program streams and details about the new Form 398. Quarterly certifications regarding compliance with the commercial limitations in Children's Programming should also be prepared and placed in the public inspection file by January 10th.

Tags: AM Radio, Children's Programming and Advertising, Digital Television, FM Radio, General FCC, Low Power Television/Class A TV, Television

Posted on November 30, 2007 by David Oxenford

Who Needs LPFM? - Why Not Just Expand the FM Dial?

At last Tuesday's FCC meeting, the Commission adopted a controversial order, over the objection of two Commissioners, that could limit the processing of some applications for improvements by some full power FM stations, and would restrict translator applications, all in the name of encouraging Low Power FM (LPFM) stations to provide outlets for expression by groups that cannot get access to full-power radio stations (see our summary of that action here). In recent weeks, two ideas have received some publicity providing an alternative outlet for these prospective local broadcasters - and both provide a simple solution (one more immediate and ad hoc than that other), but both leading to the same result - why not just extend the FM band by using TV channel 6?

The current FM band begins at 88.1 MHz, a channel that is actually immediately adjacent to TV Channel 6. The FCC has for years restricted operations of noncommercial FM stations (which operate from 88.1 to 91.9 on the FM dial) in areas where there are Channel 6 TV stations in order to prevent the radio stations from creating interference to the reception of the TV stations. That's while you will often find fewer noncommercial stations, or ones with weaker coverage, in communities that have TV Channel 6 licensees. TV stations use an FM transmission system for their audio. Thus, you will also find that most FM receivers (especially ones without digital tuners) will pick up the audio from TV channel 6 if tuned all the way to the left of the dial. The short-term solution to expanding the FM band came from one broadcaster who noted that fact.

Tags: Digital Television, FM Radio, FM Translators and LPFM, FM band, FM channels, FM receivers, LPFM, LPTV, Low Power Television/Class A TV, TV channel 6, digital transition, low power FM, low power TV, pirate radio

Posted on November 25, 2007 by Brendan Holland

DTV Ancillary and Supplemental Services Fee Report Due December 1st

By December 1, 2007, licensees of commercial and noncommercial digital television stations must file an FCC Form 317 electronically reporting on whether the station has provided any ancillary and supplementary services during the twelve-month period ending on September 30, 2007. If the station did provide such services and generated any revenue from such services, then the FCC wants to know about it. More importantly, the FCC wants its 5% cut of the gross revenues derived from such service. Currently, only licensees are required to file the Form 317, so stations that do not yet hold a DTV license for some reason are not required to file. The form is very brief, soliciting information about the license and the types of services provided, if any, and must be filed electronically through CDBS.

Tags: Digital Television

Posted on October 23, 2007 by David Oxenford

It's What Happens to TV Channels That are Returned - 700 MHz Auction Details Set

As the nation's television stations move closer and closer to the February 17, 2009 termination of analog broadcasting, plans are well underway to re-use the channel that these stations must surrender after that date. Currently, most television stations operate on two channels, their traditional analog channel, and a transition channel on which they have been allowed to transmit their digital signal until the end of the digital transition. As we wrote here, the FCC has assigned to all stations a final channel on which they will operate once the transition is complete (usually the transition channel or the original analog channel). After February 17, 2009, the television stations will only broadcast on their final digital channel, and their other channel will be returned to the FCC. All television operations will be consolidated in Channels 2 through 51, allowing the re-use of Channels 52-69. Some of those returned channels have already been auctioned off (see our post here about some of the operations on those channels), and the FCC has recently announced auction rules for the remaining channels. Our firm has just issued an Advisory setting out the important dates for participation in that auction - the so-called 700 MHz auction. That advisory is available, here.

As these channels have excellent propagation characteristics, it is believed that they will be highly sought, with some estimates that the nationwide channels may bring several billion dollars into the Federal treasury. Rumored uses include various forms of broadband access, either through open systems where consumers will pay for access as they do for any Internet access, but content providers will not have to pay, to more closed systems where the licensees determine what content will be provided. As set out in the Advisory, at least some degree of openness to new devices that connect to the network is guaranteed on some portion of this spectrum under the Commission's orders. But ultimately how much of that spectrum is used for closed systems transmitting video or audio entertainment (sounds like broadcasting) remains to be seen. The more things change....

Tags: 700 mHz, Digital Television, FCC auction, General FCC, Internet Video, On Line Media, analog television, digital transition

Posted on October 6, 2007 by David Oxenford

FCC Plans More Testing of White Spaces Devices to Operate Within the Television Spectrum

On Friday, the FCC issued a public notice promising further testing of "white spaces" devices. As we've written before, these devices are being promoted by many of the largest tech companies as ways to make more efficient use of the television spectrum by using low power wireless devices within that spectrum in places where those devices would not interfere with the operation of television reception. The National Association of Broadcasters and other television groups have opposed allowing such operations for fear that they will cause interference to broadcast stations. Especially during the digital transition, when listening habits are just being worked out and new digital televisions are just being purchase and installed by users, and because interference to a digital television station does not result in "snow" as in the analog world, but instead no picture at all, broadcasters fear that these devices could severely impact the success of the digital transition.

In August, as we wrote here, the FCC released the first results of its interference studies, finding the potential for severe interference to television broadcasters. While broadcast groups trumpeted these tests as proof of their fears, many of the tech companies claimed that the testing was flawed, using at least one device that was malfunctioning. The tech companies essentially asked for a "do over," while the broadcasters argued that, even if a tested device was malfunctioning, that malfunction itself was enough to demonstrate that the devices are not reliable enough to protect television operations during this sensitive transition.

Tags: DTV interference, DTV transition, Digital Television, On Line Media, Television, digital television transition, white spaces, wireless devices

Posted on October 3, 2007 by David Oxenford

Pushing Too Hard for Publicity on the Digital Television Transition?

The Digital Television transition, as we’ve written before, is becoming a political hot potato, with everyone seemingly preparing to point the finger at others if the transition does not run smoothly. In recent weeks, we’ve seen Republicans and Democrats alike taking their shots at broadcasters and the FCC – looking for likely sources of blame if there are a significant number of viewers who have a television signal that is missing in action on February 18, 2009, the day after the end of the transition. Many are blaming television broadcasters for not pushing the transition more in Public Service Announcements and other announcements on their airwaves. Some suggest a set of mandatory public service obligations to inform the public (see details here). But would such a push at this time do any good when the availability of converter boxes is limited, and the price of digital-only television sets still high?

In recent actions, Commissioner Copps wrote an op-ed piece in USA Today last week sounding an old theme – more public interest obligations for digital television (see our post on the pending proposals, here) – and a newer one, that broadcasters should now be running public service announcements that inform the public of the steps that they need to take to be ready for the transition (either subscribing to cable or satellite or getting a digital television or converter box). A similar point about the publicity for the transition – perhaps even mandatory PSAs - was made in a recent letter from two Republican members of the House Energy and Commerce Committee, Joe Barton and Fred Upton, to the FCC. While there is no question that broadcasters need to promote the digital transition as the public is woefully uninformed of what is coming, does promotion do any good if the hardware is not available?

Tags: DTV transition, Digital Television, analog television end

Posted on September 21, 2007 by Brendan Holland

Broadcast Station Reminder: Children's Programming Reports and Quarterly Issues Programs Lists Due October 10th

A reminder to all radio and television broadcast stations, both commercial and noncommercial, that Quarterly Issues Programs Lists reporting on the important issues facing the stations' communities, and the programs aired in the months of July, August, and September dealing with those issues must be prepared and placed in the stations' public inspection file by October 10, 2007. The failure to have a complete set of Quarterly Issues Programs lists, which were timely prepared and placed in a station’s public file, can lead to significant fines at license renewal time so all stations are urged to prepare their Quarterly Issues Programs lists in a timely fashion. See our full advisory here for further details.

In addition, commercial full power and Class A low power television stations are reminded that Children's Television Programming Reports on FCC Form 398 must be prepared and filed electronically with the FCC by October 10, 2007. The Reports must also be placed in the stations' public inspection files by that date. Our recent advisory is available here with all the details, including the requirements for DTV stations airing multiple program streams and details about the new Form 398. Quarterly certifications regarding compliance with the commercial limitations in Children's Programming should also be prepared and placed in the public inspection file by October 10th.

Tags: AM Radio, Children's Programming and Advertising, Digital Television, FM Radio, Low Power Television/Class A TV, Television, childrens television programming quarterly issues programs lists, form 398, kid vid, public interest obligations, qpi

Posted on September 14, 2007 by Brendan Holland

FCC Adopts Post-Digital Transition "Must-Carry" Rules, Extends Ban on Exclusive Programming Contracts, and Opens Inquiry Into "Tying" Agreements

Late Tuesday night, in a meeting originally scheduled to start at 9:30 in the morning, the FCC adopted an order establishing the rules governing the carriage of broadcast signals by cable operators after the February 17, 2009 transition to digital television. While the full text of the Commission’s action has not yet been released (and may not be released for quite some time), based on the FCC’s formal news release and the statements made by the commissioners at the meeting and in their accompanying press releases, we can provide the following summary of these important FCC actions.

First, for a period of at least three years after the February 17, 2009 transition from analog to digital broadcasting, cable operators will be required to make the signals of local broadcast stations available to all of their subscribers by either: (1) carrying the television station's digital signal in an analog format, or (2) carrying the signal only in digital format, provided that all subscribers have the necessary equipment to view the broadcast content. This rule reflects a compromise position offered by the National Cable & Telecommunications Association, and is regarded as less burdensome on cable systems then the FCC's original proposal of an indefinite analog carriage obligation.

Second, the FCC reaffirmed its existing requirement that cable systems must carry High Definition (HD) broadcast signals in HD format, and further that it must carry signals with “no material degradation”, i.e., with picture quality as good as any other programming carried by the operator. In affirming its "no material degradation" standard, the FCC rejected a proposal by the broadcast industry that would have required operators to pass-through all of the bits in digital television broadcast signal.

Tags: 2009, Cable Carriage, DTV, DTV transition, Digital Television, Februrary 17, Programming Regulations, Television, a la carte, digital must-carry, exclusive distribution agreements, must-carry, program tying, tying

Posted on August 16, 2007 by David Oxenford

FCC Announces Comment Dates on Proposals to Mandate Publicity for the Digital Transition

In July, the FCC released a Notice of Proposed Rulemaking suggesting specific requirements for publicizing the digital television transition and the February 2009 deadline for broadcast stations to convert from analog to digital operations. We wrote about some of the Commission's specific proposals, including the possibility of mandating public service announcements on television stations, here. The FCC today released a Public Notice setting the dates for the filing of comments on those proposals. Comments are due on September 17, and reply comments are to be filed on October 1. Broadcasters, cable companies, consumer electronics retailers and others who are potentially affected by the Commission's proposals should consider filing comments by the deadlines that have just been announced.

Tags: Digital Television, digital television transition

Posted on August 10, 2007 by Brendan Holland

FCC to Host Meeting on TV White Spaces Reports

The FCC announced today that the Office of Engineering and Technology will be hosting a meeting to describe and discuss the findings announced recently regarding the testing of prototype equipment proposed for use in the so-called TV "white spaces". As we reported yesterday, the FCC's Office of Engineering and Technology recently issued two reports finding that the prototypes of these TV white spaces devices that had been made available for testing appeared to interfere with television signals. The FCC has asked for comment on its reports, with initial comments are due by August 15, and reply comments due by August 30.

Given the significance (and contentious nature) of the issue, the Commission has now announced that it will hold a meeting to answer questions, provide an overview of the tests it conducted, and consider suggestions for further testing to evaluate the performance of TV white space devices. The FCC's meeting will be held on Thursday August 16, 2007 at 1 PM at the Commission’s testing lab in Columbia, Maryland. Parties interested in attending the meeting should send an e-mail to Patricia.Goff@FCC.gov, identifying the organization and how many individuals plan to attend. According to the FCC, space is limited. A copy of the FCC's public notice with the full details is available here.

Tags: DTV, Digital Television, OET report, On Line Media, TV white spaces, white spaces

Posted on August 9, 2007 by David Oxenford

FCC Study Deals Blow to Television White Space Advocates

As the digital television transition continues, broadcasters have been concerned about the proposals made by a number of the major computer companies seeking the right to operate low power wireless devices in the spectrum used by television stations – in the so-called "white spaces" between channels. Because of the potential for interference, television obviously don’t operate on every channel in every city. The proposal by the tech companies, about which we wrote here, would allow unlicensed wireless devices to operate at low power within this spectrum, provided that such devices were “smart” enough to detect television signals and to avoid the use of channels that would interfere with these signals. Last week, the FCC’s Office of Engineering and Technology issued a report finding that the prototypes of these devices that had been made available for testing appeared to interfere with television signals. The report did note, however, that this testing should not be viewed as the end of the story on this issue, as further refinements to the devices might be able to eliminate the interference. The FCC has asked for comment on this report. Public comments are due on August 15, with replies on August 30.

The white spaces debate has been a very contentious one. The tech companies who favor it have argued that the efficient use of the television spectrum, and the congestion in other portions of the spectrum used by unlicensed devices, mandate attempts to allow these devices to operate in the television band on the condition that they do not interfere with TV uses. These companies contend that they should be able to create devices that can sense television stations and avoid interference to these stations.

Tags: DTV interference, DTV mobile, Digital Television, On Line Media, digital television interference, digital television transition, office of engineering technology, unlicensed devices, unlicensed wireless, white spaces

Posted on August 7, 2007 by Brendan Holland

Final DTV Table Released; Comments on Third Periodic Review of DTV Transition Extended to August 15th

This article is no longer available. For more information on this topic, see Could There Be a Delay in the February 17 DTV Transition Deadline?

Tags: DTV, DTV transition, Digital Television, TV Table, Table of Allotments

Posted on July 30, 2007 by David Oxenford

18 Months and Counting - The FCC Proposes Mandatory Education Efforts for the Digital Television Transition

In response to a letter from Congressmen Markey and Dingell from the House Commerce Committee (which we reported on earlier), the FCC on Monday issued a Notice of Proposed Rulemaking (NPRM) seeking public comment on a number of steps that the FCC could take to publicize the February 2009 deadline for the transition from analog to digital television. In recent weeks, concern has been expressed by Congress and others about the possibility that a "trainwreck" could occur if the DTV transition passes and millions of consumers suddenly find themselves without TV reception on February 18, 2009 - and blame Congress for the fact that their TVs no longer work. Thus, to try to assure Congress that this will not occur, the FCC has proposed a number of ideas and asked whether mandatory publicity efforts should be adopted. A copy of the full NPRM is available here.

The specific proposals outlined in the FCC's NPRM include the following:

Mandatory public service announcements on television stations, and mandatory crawls on the bottom of television screens announcing the transition
Requirements that cable and satellite systems include statements in their billing material
Requirements that broadcasters file reports with the FCC every 90 days concerning their public education efforts
Notices to be included by electronics manufacturers in the packaging of televisions and related products about the impending change
Education programs conducted by the FCC and the NTIA for electronics retailers to educate them about the transition process and the government's coupon program (see our explanation of that program here)
Other efforts that may publicize the transition dates

Tags: Digital Television

Posted on July 25, 2007 by David Oxenford

The 700 Mhz Controversy - Fighting Over the Reclaimed TV Spectrum

There are no items on the agenda for next week's FCC meeting from the Media Bureau, so one might think that the "broadcast" community could ignore this meeting. However, there is one matter that will be considered that may well have an effect on the media landscape for the foreseeable future. That is the adoption of service rules for the 700 MHz spectrum - the remaining portion of the spectrum to be reclaimed from television broadcasters after the digital transition. Part of that spectrum has already been reclaimed and is beginning to be used by companies such as Qualcomm offering digital multimedia services such as the MediaFLO system, about which we have written before. The remaining portion of the spectrum that will be auctioned by the Commission by January 2008 and has the potential to provide significant high-speed digital wireless services to the public. However, anyone reading the communications press would realize that there is a major controversy over how that service will be provided.

The argument is over whether service will be provided on the new spectrum in an open manner - in essence a wireless high speed connection to the Internet where any service can get direct access to the consumer - or whether it will function more like the current systems run by the existing wireless carriers, where the carriers will be able to control the content that will be delivered to the consumer. This is, by no means an easy decision, and it is currently being debated in Congress and at the FCC.

Tags: 700 mHz, Digital Television, On Line Media, reclaimed digital television spectrum, rural broadband, wireless broadband, wireless internet, wireless open access

Posted on July 10, 2007 by Brendan Holland

Comment Dates Set in DTV Transition Rule Making

The Commission's Notice of Proposed Rule Making (NPRM) regarding the next steps in the DTV transition has been published in the Federal Register, and the dates for submitting Comments in the proceedings have been set. Parties interested in commenting on the Commission's proposed rules must submit Comments by August 8th, and Reply Comments by August 23rd. A copy of the full NPRM can be found here. Given that this proceeding will establish the details for the final push to digital broadcasting by February 17, 2009, broadcasters should be sure to review the the NPRM and consider filing comments.

Tags: Digital Television

Posted on June 14, 2007 by David Oxenford

Enhanced Public Interest Requirements for TV Too?

In our recent summary of the Commission's order on Digital Radio, we wrote about the Further Notice of Proposed Rulemaking that raised specific proposals to adopt new rules regulating the public interest obligations of radio broadcasters. These proposals included the possible requirements for a standardized disclosure form for a stations public service programs, limits on a station's ability to originate programming from locations other than the station's main studio, and possible limitations on the current ability of stations to operate without manned studios. A recent Commission decision reminds television broadcasters that there is another proceeding - one six years old - that proposes many of the same restrictions on television broadcasters. Does the recent mention of this proceeding that so closely parallels the recent radio proposals indicate that some action may soon be forthcoming on the TV proceeding?

The TV proceeding was mentioned in an FCC decision released last week rejecting Petitions to Deny that had been filed against a number of license renewal applications for television stations in Wisconsin and Illinois alleging that the stations had not adequately served the public interest through the broadcast of issue responsive programming, especially programming covering election issues. In rejecting those Petitions, the FCC stated that its ability to second guess the editorial discretion of a licensee was limited by the First Amendment and by the Communications Act's prohibition against broadcast censorship. In this case, the FCC said that the showing made by the Petitioner was not sufficient to demonstrate that the stations had not served the public interest of their communities. However, the decision noted that the Commission was considering quantitative standards for evaluating the public service of broadcast licensees, citing to the long-pending rulemaking proceeding, and implying that the evaluation of these licensees might have been at least somewhat different had these proposed standards been in place.

Tags: Digital Radio, Digital Television, Digital television obligations, FCC programming rules, FCC public interest, Public Interest Obligations/Localism, broadcaster public interest rules, digital radio rules, digital television rules, election programming, license renewal, public interest obligations, public service programming, television programming obligations, television programming rules

Posted on June 14, 2007 by Brendan Holland

Broadcast Station Reminder: Children's Programming Reports and Quarterly Issues Programs Lists Due July 10th

This article is no longer available. For more information on this topic, see February Legal Deadlines for Broadcasters - Online Public File, Review of Incentive Auction Comments, Filing Deadline for FM Auction, and Lots of Renewals and EEO Public File Reports

Tags: AM Radio, Children's Programming and Advertising, Digital Television, FM Radio, General FCC, Low Power Television/Class A TV, Public Interest Obligations/Localism

Posted on June 6, 2007 by Brendan Holland

FCC Steps Up DTV Education and Enforcement Efforts

This article is no longer available. For more information on this topic, see House Passes DTV Delay Bill - Now on the President to Sign, and the FCC to Implement

Tags: DTV receiver labeling, DTV receiver requirements, DTV receiver standards, Digital Television, FCC digital transition rules, HDTV conversion, digital television transition, digital tuner

Posted on May 31, 2007 by Brendan Holland

New Children's Television Programming Form 398 Available - First Quarter 2007 Reports due by June 10th

This article is no longer available. For more information on this topic, see FCC Deadlines in January - Quarterly Issues Programs Lists, Children's Program Reports, Comments on TV Online Public File and Public Interest Obligation Proposals, FM Window and More

Tags: Children's Programming and Advertising, DTV digital television childrens programming, Digital Television, General FCC, Low Power Television/Class A TV

Posted on May 24, 2007 by David Oxenford

New Handsets Sought for Mobile Delivery of Digital Television

The Advanced Television Systems Committee, the technical organization that has guided the technical development of Digital Television in the United States, this week requested proposals for the development of handsets and a delivery system that would allow television broadcasters to deliver their content directly to mobile receivers. This proposal would remedy one of the shortcomings of the current television digital transmission system – that fact that it has been designed for in-home reception. Outlines of the proposal are due on June 21, with detailed technical specifications to be submitted on July 6. A copy of the full Request for Proposal can be found on the ATSC web site, here.

In 2000, while the current 8VSB standard was just beginning to be implemented in the United States, a number of television companies, spearheaded by Sinclair Broadcasting, suggested that the proposed system was not sufficiently robust for mobile applications and otherwise suffered from reception issues. These groups suggested that a COFDM transmission system similar to that used in Europe be substituted for the US system. At that time, it was concluded that the digital transition was already too far along to try to change systems, and that the principal use of digital television was for in-home viewing so that the mobile reception benefits, if they could in fact be offered by the COFDM system, did not justify the change in transmission systems.

Tags: 8VSB, ATSC RFP, DTV transmission, Digital Television, mobile video

Posted on May 22, 2007 by Brendan Holland

FCC Grants DTV Build-Out Extensions and "Use-It or Lose-It" Waivers

This article is no longer available. For more information on this topic, see FCC Freezes TV and LPTV Applications for Channel 51 - Encourages Users to Vacate the Channel

Tags: DTV digital television extension build-out waiver, Digital Television

Posted on May 12, 2007 by David Oxenford

Details of Post-Transition Must Carry Notice of Proposed Rulemaking Released

As we have written, here and here, the FCC recently commenced a proceeding to determine if it should adopt rules to require analog cable systems to carry digital television stations after the digital television conversion is complete in 2009. The proceeding is also to determine what a cable system must do to ensure that there is no material degradation in the signal of a digital television station which is being retransmitted. Comments in this proceeding are due on July 16. For more information about the questions being asked in this proceeding, our firm has just released a memo summarizing the issues, which can be found here.

Tags: Cable Carriage, Digital Television, digital must carry, digital television cable carriage, digital television conversion

Posted on May 4, 2007 by Brendan Holland

FCC Rule Making on Carriage of DTV Signals Released -- Comments due July 16th

this article is no longer available. For more information on this topic, see Details of Post-Transition Must Carry Notice of Proposed Rulemaking Released

Tags: Cable Carriage, DTV digital television cable carriage must-carry, Digital Television

Posted on May 2, 2007 by Brendan Holland

Comments on Children's Television Programming due June 1st

This article is no longer available. For more information on this topic, see FCC Deadlines in January - Quarterly Issues Programs Lists, Children's Program Reports, Comments on TV Online Public File and Public Interest Obligation Proposals, FM Window and More

Tags: Children's Programming and Advertising, Digital Television, childrens television programming

Posted on April 28, 2007 by David Oxenford

FCC Proposes Rules for Access to Television Programming After Digital Transition

At it's meeting on Thursday, the FCC announced that it is commencing a proceeding that would require cable systems to adopt measures to insure that over-the-air television stations would continue to be available even to analog cable subscribers after the end of the digital television subscribers. This might include some sort of dual carriage requirement that a cable system carry both an analog and a digital feed of a television station's signal (which the FCC had rejected for pre-transition cable carriage), or that the system provide a converter box to the analog subscriber. While the FCC has not released the full text of its Notice of Proposed Rulemaking setting out the details of the issues that it raises, a Public Notice about the proposal can be found here. A summary of the issues is also available in our firm's bulletin, here.

Watch for more on this proceeding once the full text of the Notice of Proposed Rulemaking is released.

Tags: Cable Carriage, Digital Television

Posted on April 25, 2007 by Brendan Holland

Third Periodic Review on DTV Transition on the Way

This article is no longer available. for more information on this topic, see Will TV Channel 6 Be Used For Radio? - MMTC Petition Raises the Issue, Again

Tags: Digital Television

Posted on April 23, 2007 by David Oxenford

Copyright Office Begins Inquiry to Reexamine Cable and Satellite Statutory Licenses - and Asks if Statutory Licenses are Appropriate for Internet Video

The Copyright Office last week released a wide-ranging Notice of Inquiry, asking many questions about the statutory licenses that allow cable and satellite companies to retransmit broadcast television signals without getting the specific approval of all the copyright holders who provide programming to the television stations. The notice was released so that the Copyright Office can prepare a report to Congress, due June of 2008, in which it will present its views as to whether the various statutory licenses still perform a necessary function, and whether any reforms of the current licenses are necessary. To complete its report, the Notice asks many questions about how these licenses currently work, whether the licenses function efficiently, and whether they should be retained, modified or abolished in favor of marketplace negotiations. The Notice even asks whether the existing statutory licenses should be expanded to take into account the different ways video programming is now delivered to the consumer, including various Internet and mobile delivery systems. Thus, virtually anyone involved in the video programming world may want to be part of this proceeding. Comments are due July 2 and reply comments are due September 13.

The cable and satellite statutory licenses were adopted by Congress to allow these multi-channel video systems to retransmit broadcast signals. Without these licenses, the individual owners of copyrighted material – including syndicated, network, sports, and music programming -- would have to be consulted to secure necessary copyright approval before the television signal could be retransmitted. As the multi-channel video providers would, in many cases, not even know who held all these rights, they instead pay a statutory license which is collected, pooled, and then distributed to the various rights holders in proportions agreed to by those copyright holders or, in the absence of agreement, set by the Copyright Royalty Board.

Tags: Cable Carriage, Digital Television, IPTV, Internet Video, On Line Media, cable carriage of television stations, mobile video, retransmission consent, satellite carriage of television stations, statutory license

Posted on April 22, 2007 by David Oxenford

Digital Television Transition Issues to Highlight FCC Meeting

The FCC's agenda for its meeting to be held on Wednesday, April 25, contains four separate items related to the digital television transition. The issue receiving the most press coverage is the proposal advanced by Chairman Martin that would require the cable carriage of television signals in both analog and digital formats until all cable subscribers have been transitioned to a digital cable format. As the item addressing this issue is a Notice of Proposed Rulemaking, no final rules will be adopted this week. Instead, this will be an issue on which parties can comment, and will likely take the FCC quite some time to resolve. The agenda contains other items that may ultimately be just as important.

For consumers, the Commission will consider new rules on the labeling of television equipment - presumably to warn consumers that they may be buying a piece of analog television equipment that may not work after the February 2009 digital conversion. Another item will address other technical issues in the digital transition. The final item is not coming from the Media Bureau which usually considers broadcast matters, but instead from the FCC's Wireless Bureau, which regulates the spectrum at Channel 52 and above (the so-called 700 MHz spectrum) which will be fully reclaimed from broadcasters for wireless services after the end of the digital television transition. The item will consider a number of issues on how operators in that spectrum will be able to operate as they come online. As there are already uses of that spectrum to provide media services, e.g. QualComm's Media Flo technology about which we wrote here, and other wireless broadband uses are planned, broadcasters should monitor the developments that arise in this area as they may well affect the competitive environment in the years to come.

Tags: Cable Carriage, DTV transition, Digital Television, wireless broadband

Posted on March 21, 2007 by Brendan Holland

First Quarter Children's Reports Postponed until June

This article is no longer available. For more information on this topic, see FCC Deadlines in January - Quarterly Issues Programs Lists, Children's Program Reports, Comments on TV Online Public File and Public Interest Obligation Proposals, FM Window and More

Tags: Children's Programming and Advertising, Digital Television, General FCC

Posted on March 21, 2007 by David Oxenford

Digital TV Transition End Game Issues Loom

At the Oklahoma Association of Broadcasters meeting last week, David Donovan, President of the Association for Maximum Service Television, discussed the digital television transition, and the significant issues that face television broadcasters as the February 17, 2009 deadline for the transition to digital television approaches. The theme of David’s message was that, for the transition to go smoothly, television broadcasters need to be actively planning now for that end date. Without planning and coordination now, some broadcasters won’t be ready for the transition deadline, and others may have difficulty operating interference-free because of the actions of others.

David’s presentation, DTV – When the Rubber Meets the Road - can be found on the MSTV website. Among David’s key points was that the Table of Television Allotments as adopted by the FCC, in order to compress all existing stations into the smaller television spectrum that will exist after the transition, relies on re-using channels that are currently being used by one station as the ultimate digital channel of another station in the same or adjacent market. Unless these stations coordinate their transition to digital, interference issues can result and, in some cases, the transition may be delayed. In the simplest example, a station might have both its analog and digital operations outside the “core” channels that will be available for television use after the February 19, 2009 deadline. In the Table of Allotments, that station may have been assigned as its digital channel for post-2009 operations a channel currently being used by another station in the market. If the station currently using that channel does not move to its own digital channel on time, the out-of-core station cannot begin its in-core digital operations. In some cases, as many as five or six stations' ultimate digital operations may be mutually dependent, and will need to be coordinated, perhaps on the last day of the digital transition. Problems with one station’s transition may prevent the conversion of all of the other related stations. Thus, it will be in each station’s mutual interest to assist all other related stations to make sure that all are ready to meet the transition deadline.

Tags: Digital Television

Posted on March 14, 2007 by David Oxenford

Tech Companies Push for Wireless Internet on TV Frequencies

In a curious bit of timing, on the day after the NTIA released its Order setting out the process for providing consumers coupons to finance their purchase of converter boxes to allow their analog televisions to continue to receive a signal after the digital transition, a coalition of high-tech companies visited the FCC to promote the use of the television spectrum to provide a wireless broadband Internet service. We wrote about the FCC proceeding to allow these uses, on a non-interference basis, here, when the FCC launched its "white spaces proceeding."

The proposal by many of the leading high-tech companies, including Microsoft, Intel, Google and other computer manufacturers, would allow smart devices to operate in the television band to send and receive wireless Internet signals, without interfering with television users. The NAB has expressed concerns about whether these devices could in fact operate without interference to television stations. In a Washington Post story, it was reported that the companies provided the FCC with a prototype device for testing, and stated that the devices could be ready for consumers by 2009 - perfectly timed for the end of the digital television transition.

This is a proceeding that all television broadcasters should watch carefully.

Tags: Digital Television, On Line Media

Posted on March 14, 2007 by David Oxenford

NTIA Releases Details of DTV Converter Box Coupon Program

On March 12, the National Telecommunications and Information Administration ("NTIA") released its Final Rules for the Digital-to-Analog Converter Box Coupon Program (Coupon Program). This program is designed to allow consumers to purchase converter boxes which will allow analog televisions to receive over-the-air broadcast signals after the February 17, 2009 transition date when all full-power television broadcasters will be broadcasting only in digital. This was a long-awaited action that many view as a necessary step before the country can meet the February 2009 digital conversion deadline. The Order gives details of the implementation of the converter box program, providing guidelines for consumers, retailers and equipment manufacturers. Details of the program are set out below.

The heart of the program is the coupons to be distributed to consumers. Starting January 1, 2008, all U.S. households can request up to two $40 coupons than can only be used toward the purchase of two digital-to-analog converter boxes. There is no needs test, i.e. any household that wants coupons can request them, regardless of household income. Only one coupon can be used for each converter box. The coupons will be in the form of an “electronic coupon card;” like a gift card, but they will not carry any value that can be used for anything but a converter box. The coupons will expire three months (90 calendar days) after the coupon is placed in the U.S. mail. In no case may consumers receive any cash value for the coupon so, if the cost of a converter box is less than $40, consumers cannot receive a refund or credit towards the purchase of another item. Consumers are also prohibited from selling their coupons. If a converter box does not work properly, consumers will be permitted an exchange only for another converter box. Applications for coupons will be accepted only between January 1, 2008 and March 31, 2009 and will be able to be requested by mail, by phone, by fax, or through a website.

Only households are eligible for coupons. No business, schools, or similar entities are eligible. Also, multifamily residences (i.e., a residence occupied by more than one family unit) will not be eligible for more than two coupons unless each household has separate living quarters and has a separate U.S. postal address. Because Post Office Boxes are prevalent on Indian Reservations, Alaskan Native Villages and other rural areas, these households may be required to supply additional information to identify the physical location of the household. An NTIA fact sheet for consumers summarizing the above information can be found here.

Tags: Digital Television

Posted on March 3, 2007 by David Oxenford

Digital Television Takes Over in Less Than Two Years - Will the Public Be Ready?

February 17, 2009 - the end of analog television. When broadcast television stations cease their analog operations, making millions of television sets obsolete, will consumers be ready? And how will Congress deal with the backlash if consumers are taken by surprise and their television reception disappears? This week, these questions were being asked in Washington and elsewhere.

At the NAB Broadcast Leadership meetings in Washington held this week, Congressman John Dingell expressed his concerns that the National Telecommunications and Information Administration (NTIA) is late in releasing guidelines for the government program that they are administering to provide subsidies to the public so that they can buy converter boxes to allow analog television sets to receive digital signals. An article in Multichannel News gives further details on the Congressman's comments, and provides a history of the converter box program. The article states that the $1.5 billion allocated to the program is half what is necessary to convert the 73 million analog sets that are estimated to exist. However, it makes the point that as digital sets are sold, the need for the converter boxes may decrease, and assumption that "the country will need to deal with a massive analog-equipment-legacy problem could turn out to be incorrect."

While that may be the case, an article in the February 28 Portals column in the Wall Street Journal (subscription required to read the article) makes one wonder how ready the consumer really will be for the transition deadline. That article cites a study by the Leichtman Research Group which found that half of the 24 million homes with HDTV sets don't watch HDTV because they haven't subscribed to the necessary service from a multichannel video provider, or don't know that they can pick up HDTV signals over the air. About half the the viewers who are not watching HDTV don't even know it - thinking that because they bought the set, they should automatically have HDTV pictures. This same kind of confusion no doubt exists with respect to the DTV transition.

Tags: Digital Television

Posted on February 13, 2007 by Brendan Holland

The FCC Takes Action - Any Action

This article is no longer available. For more information on this topic, see Congress and the Commission Look to Make FCC More Responsive and to Take Costs Into Account in Making New Rules - Will It Work?

Tags: Cable Carriage, Digital Television, EEO Compliance/Diversity, FCC Fines, General FCC

Posted on January 23, 2007 by David Oxenford

FCC Approves Initiation of Mobile Multimedia Service on Television Channels

The FCC yesterday adopted two orders approving the initiation of operations by Qualcomm of its MediaFLO wireless multimedia system on television channel 55 in the Richmond/Norfolk area of Virginia, and in St. Louis Missouri. Qualcomm purchased the nationwide rights to use Channel 55 in an FCC spectrum auction several years ago. At the end of the digital transition, channels 52 and above will no longer be used by television broadcasters, but instead will be used for wireless services (as well as some public safety users). The channels between 52 and 59 have already been auctioned, and can be used if they don't cause interference to current television users. In these two cases, Qualcomm was able to reach agreements with broadcasters in adjacent markets to agree to accept minimal amounts of interference so that Qualcomm could initiate its MediaFLO service. The FCC found that the minimal interference to these stations would not significantly affect television viewers, and granted Qualcomm authority to commence operations.

According to the Qualcomm website, their MediaFLO service will provide interactive audio and video to handheld devices - essentially mobile phones optimized for multimedia content. While the website seems to imply that this will be a closed system with content provided by a limited number of providers or partners, it will operate with a IP type technology, which could allow a more open system in the future. Other users are apparently planning to use these channels for high speed wireless Internet services. So, perhaps ironically, as free over-the-air TV abandons these channels in the next two years as the digital transition nears its end, a new subscription audio and video service will take its place. Progress?

Tags: Digital Television, Internet Radio, Internet Video, On Line Media

Posted on January 21, 2007 by David Oxenford

What's Up in Washington for 2007?

About this time every year, predictions are offered as to what will happen in the coming year. Since everyone else does it, we've offered our own predictions as to what Washington has in store for the broadcast industry in 2007. Find a copy of our predictions in the memo on our firm website, here. The advisory offers our thoughts on many of the regulatory issues affecting broadcasters that may well come out of Washington this year. Our observations are offered on the status of considerations including multiple ownership, the digital television transition, payola, indecency, Internet radio and even the political broadcasting rules.

Let us know if you think our crystal ball is a little cloudy.

Tags: Advertising Issues, Digital Television, General FCC, Internet Radio, Multiple Ownership Rules, Payola and Sponsorship Identification

Posted on January 11, 2007 by Brendan Holland

Deadline for Comments on DTV Table of Allotment Extended to Jan. 25th

This article is no longer available. For more information on this topic, see Digital TV Transition End Game Issues Loom

Tags: Digital Television

Posted on December 26, 2006 by Brendan Holland

Reminder: Comments on Proposed DTV Table Due by Jan. 11, 2007

This article is no longer available. For more information on this topic, see Digital Television Takes Over in Less Than Two Years - Will the Public Be Ready?

Tags: Digital Television, General FCC, Low Power Television/Class A TV

Posted on December 26, 2006 by Brendan Holland

Effective Dates for New Rules: Dec. 31, 2006 - Extension of EAS Rules to Digital Services, and Jan. 2, 2007 - New Children's TV Rules Become Effective

This article is no longer available. For more information on this topic, see FCC Releases New EAS Manuals Explaining Obligations for Broadcasters and Video Providers

Tags: Children's Programming and Advertising, Digital Radio, Digital Television, Emergency Communications, General FCC

Posted on November 21, 2006 by Brendan Holland

Reminder - EAS Rules Extended to Digital Services as of Dec. 31, 2006

This article is no longer available. For more information on this topic, see Looking Into the Crystal Ball - What Can Broadcasters Expect from Washington in 2010?

Tags: Digital Radio, Digital Television, Emergency Communications, General FCC

Posted on November 2, 2006 by Brendan Holland

New Children's Programming Rules Effective January 2, 2007

This article is no longer available. For more information on this topic, see FCC Initiates Inquiry Into Children's Television Rules

Tags: Children's Programming and Advertising, Digital Television

Posted on October 24, 2006 by Brendan Holland

New DTV Table of Allotments Out for Review

This article is no longer available. For more information on this topic, see Digital TV Transition End Game Issues Loom

Tags: Digital Television

Posted on October 24, 2006 by Brendan Holland

Changes to Children's Television Programming Rules

This article is no longer available. For more information on this topic see, FCC Initiates Inquiry Into Children's Television Rules

Tags: Digital Television

Posted on October 22, 2006 by Brendan Holland

DTV Ancillary and Supplemental Services Fee Report Due December 1st

This article is no longer available. For more information on this topic, see December 1 Deadline for Biennial Ownership Reports Begins A Busy Regulatory Month for Broadcasters

Tags: Digital Television

Posted on October 12, 2006 by Brendan Holland

First (Baby) Steps Towards Devices in TV White Space

At the FCC's open meeting today, the Commission adopted a First Report and Order and Further Notice of Proposed Rule Making taking the first steps towards permitting "low power devices" to operate in the broadcast television spectrum. Although the actual Order has yet to be released, the News Release issued today states that the Commission has concluded that fixed (not mobile) low power devices can be allowed to operate on vacant TV channels, and that the marketing of such devices can commence the day after the DTV transition, February 18, 2009. At the same time, however, the News Release states that the NPRM will invite comment on the rules necessary to protect TV broadcasting and other services from harmful interference, and seek input on whether such devices should be permitted on a licensed or unlicensed basis. Furthermore, the NPRM will solicit additional information necessary to determine whether personal or portable devices can operate in any of the TV channels without causing harmful interference.

Tags: Digital Television