FCC Senior Advisor to Chairman to Study Media Change and a Workshop on Media Financing for Small Business - Looking to Reinvent the Broadcast Industry?

The Commission is worried about the future of the broadcast media, and they are trying to figure out what they can do.  The last two weeks have been full of news about actions being taken by the FCC which may or may not lead to a reshaping of broadcasting as we know it.  We wrote about the discussion of re-purposing some or all of the television spectrum for wireless broadband users.  We also told you about the workshops to be held this week as the first step in the Commission's Quadrennial review of it multiple ownership rules - looking at whether to allow more media consolidation to help broadcasters compete in the new media landscape or, conversely, whether there should be a reexamination of the existing rules to make them more restrictive against big media.  Last week, the Commission announced two more actions - the appointment of a Senior Advisor to FCC Chairman Julius Genachowski to study "the future of media in a changing technological landscape", and a workshop on "Capitalization Strategies for Small and Disadvantaged Businesses."  What is the impact of all of these actions?

The appointment of the Senior Advisor, Steven Waldman, is perhaps the most interesting action.  Mr. Waldman, the founder of the website Belief.net (recently sold to News Corp), is charged with determining how the FCC can assure that the media will serve the public interest in the 21st century, and that "all Americans receive the information, educational content, and news they seek."  He is instructed to work with all Bureaus to determine how best to implement these ambitious goals.  It is interesting that, while one might be inclined to look at this with the assumption that his charge is to look at broadcasting, the public notice announcing his appointment and his charge does not once use the word "broadcast" or "broadcasting."  Instead, it talks almost exclusively about the new media and technology and the potential that they have for serving the public good.

This reliance on the new media, and the mantra that is being chanted regularly by the new Commission, seemingly approaches media issues from a position where there is an assumption (perhaps rebuttable, but there nevertheless), that the new media is where all the action is and where all the attention should be placed.  This is reflected by the proposals (about which we wrote here, and which have gained much press since we wrote about these ideas) to re-allot television spectrum to broadband, with the idea that this will serve the new media at the expense of the dinosaurs in the broadcast industry - exchanging a sure thing that serves virtually the entire country for a promise of service in the future.  It also ties into a feeling that seems to be pervading government, that the "traditional media" can no longer be counted on to serve the needs of the public.  Not only is there this appointment, but there is also the upcoming workshop at the FTC on how newsgathering will survive in the future in light of the technological and economic challenges to newspapers and other traditional media.  Perhaps, in the words of Monty Python, it's time for the broadcast industry to rally and cry - "not dead yet" - as a vibrant though challenged industry is being almost assumed by the regulators to be out of business.

The Capital Formation workshop is perhaps a good sign that the Commission has not totally abandoned the broadcast industry, as the Public Notice announcing that event does specifically refer to the broadcast industry.  The lack of financing to acquire broadcast stations has been cited by many observers as the biggest impediment to minorities and other new entrants getting into broadcast ownership.  We are bound to hear those issues discussed in this week's workshops on the new multiple ownership proceeding.  While the Capital Formation workshop may be one way to address that deficit, we do note that the companies who are identified as participating do not seem to have a broadcast background, but from their descriptions in the public notice, they all seem to be more invested in technology companies.  Will potential owners who attend the session be disappointed by the lack of broadcast investors who are present?

These actions show the conflicted nature of the FCC when it comes to broadcasting.  What kind of reform is possible, and what kind of broadcast industry will we see in the future?  Will regulation recognize the change in technology and allow broadcasters to adapt to the changes, or will regulation force that change, or will broadcasters continue to be regulated as they always have been (or as they once were 25 years ago as some proponents of more regulation seem to suggest)?  These will no doubt be questions addressed on these pages many times in the coming months. 

 

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.

While the theory has some facial attraction, one does not need to look very far to find breaks in the logic.  For instance, of the households that supposedly do not receive their television programming over-the-air, many in fact have second or third television sets that are not connected to cable or satellite.  Satellite is itself an "unwired" medium that uses spectrum that could theoretically be used for more mobile services, but satellite has found a growing audience for its transmissions to what are most usually the fixed locations that the theory suggests are best served by wired communications. 

Moreover, much of the demand for new wireless spectrum is for the transmission of what looks an awful lot like the traditional "wireless" broadcast media - audio and video content.  These niche services, though certainly becoming more commonplace, are still dwarfed in terms of number of viewers and amount of content delivered by the content delivered through more traditional media.  Already, we are reading stories about the "the Internet" being strained by the demands put on it by current content.  Even if "wireless" were to be given TV spectrum, if there is a wholescale switch to an IP delivery of broadcast content, would there be the capacity to deliver content to everyone?  Broadcasting still remains a very efficient means to delivery content to mass audiences.

It is interesting that these discussions are following so soon after the FCC spent the first 6 months of this year working to preserve the delivery of free-over-the-air television to viewers during the digital transition.  One of the biggest concerns of the FCC was the fear that distinct groups, including the poor and certain minority communities, may well be the most likely to be disenfranchised by the lack of a free over-the-air alternative.  In fact, one of the promises of the digital transition was the potential of broadcasters delivering multiple free streams of programming to these persons to give them something closer to the diversity and choice delivered to subscribers to multi-channel pay delivery systems.  Even leaving a lifeline over-the-air service, as suggested by the TV NewsCheck article, would not in any way add to the richness of choice to these viewers that can be provided under current systems

What are broadcasters to do?  Broadcasters need to remember to promote their over-the-air reception, so that it is not taken away.  From all that I have heard, the uncompressed over-the-air HD signal is perhaps the best picture that a TV viewer can get - yet that is rarely if ever promoted by broadcasters.  And, as mobile versions of the digital signal are rolled out, broadcasters need to take advantage of those systems promptly and aggressively to show that they are indeed making use of the spectrum of which they are guardians.  The reallocation of the TV spectrum is an issue that has been building for quite some time - broadcasters should weigh their actions carefully to make sure that it is a idea whose time has not yet come.

Update 10/26/2009, 1:40 PM:  I just returned from a lunch meeting of the Federal Communications Bar Association, where the speaker was William Lake - Chief of the Media Bureau of the FCC.  When asked about these reports of the use of TV spectrum for broadband, he said that the Media Bureau was working with the rest of the Commission on broadband issues, and that spectrum was an important part of that review.  So it appears that the issue is at least being studied at the FCC - though who knows how far along the process may be.