Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.
- FCC Commissioner Simington and his Chief of Staff, Gavin Wax, published an article advocating for DOGE-style reform of the FCC. Their article proposes several reforms of the FCC, including streamlining the FCC’s Media Bureau – noting that much of its resources are dedicated to broadcasters, who “continue[] to contract in relevance.” The article suggests that the Media Bureau has exceeded its legal authority by increasingly becoming involved in content regulation and competition policy yet, nevertheless, they reiterate their call for the Media Bureau to investigate reverse retransmission agreements between broadcast stations and networks (we discussed that proposal in our weekly summary last week, here) and broadcaster carriage negotiations with virtual Multichannel Video Programming Distributors. Simington and Wax also suggest that manual application processing by the Bureau staff be replaced by automated workflows to reduce staffing needs.
- A group of 22 Republican Senators, led by Senator Jerry Moran (Kansas) sent a letter to FCC Chairman Carr urging the Commission to move swiftly to modernize the broadcast ownership rules so that broadcasters can better compete against digital media services offered by the big tech companies that now vie for audience, content, and advertising. The letter suggests that a relaxation of the rules is needed so that broadcasters can survive in the digital age and continue offering the local services that local communities need. A copy of Moran’s press release and the text of the letter are available on his website here.
- Comments were filed responding to the National Association of Broadcasters’ petition for rulemaking asking for a hard deadline for full-power TV stations to complete the transition to the new ATSC 3.0 transmission standard. As we discussed here, the NAB proposes that the transition occur in two phases: TV stations in the top 55 markets would transition by February 2028; and TV stations in remaining markets would transition by February 2030. Comments were mixed in their position on the NAB’s petition. Among the comments filed were those from broadcasters (see here, here, here, and here) and other commenters (see here, here, and here) stating that setting a hard transition deadline is necessary for a smooth and effective transition and urging the FCC to end broadcasters’ obligation to simulcast in ATSC 1.0 and 3.0 because doing so is preventing broadcasters from deploying ATSC 3.0’s full benefits. Public interest groups and other commenters (see here, here, and here) state that the ATSC 3.0 transition should remain voluntary for broadcasters because a mandatory transition would impose significant and unjustifiable burdens on consumers who would have to absorb new equipment costs, navigate technical complexities, and potentially lose access to free over-the-air television. If the NAB’s petition is granted, Public Knowledge and other commenters urge the FCC to impose rigorous regulatory oversight of broadcasters to protect consumer privacy and to prevent anticompetitive conduct, which they claim will result from ATSC 3.0 operations due to the standard’s dependance on internet connectivity and data encryption. Multichannel Video Programmer Distributors (see here and here) urge the FCC to deny the NAB’s petition due to the costs and burdens that the transition would impose on cable and satellite providers without creating any benefits for their subscribers. The MVPDs also claim that the must carry and retransmission consent rules should not be extended to ATSC 3.0 signals because they are now unconstitutional due to changes in the video marketplace.
- At the same time, a consumer interest group submitted a letter to the Senate Commerce Committee urging it to intervene at the FCC to oppose the NAB’s ATSC 3.0 transition petition because mandating ATSC 3.0 tuners in all new television sets would force Americans to pay for a product which consumers have not yet demanded in the free market. They suggest that the ATSC 3.0 transition be voluntary and driven by consumer demand and market forces.
- The Senate Commerce Committee held a hearing titled “Field of Streams: The New Channel Guide for Sports Fans” which examined changes in how Americans watch live professional sports on television, including how traditional over-the-air broadcasts are increasingly supplemented or replaced by streaming platforms. The hearing featured testimony from Kenny Gersh, Executive Vice President of Media and Business Development, MLB, William Koeing, President of Global Content and Media Distribution, NBA, David Proper, Senior Executive Vice President of Media and International Strategy, NHL, and John Bergmayer, Legal Director, Public Knowledge. A recording of the hearing can be found here.
- The FCC’s Enforcement Bureau issued two Notices of Illegal Pirate Radio Broadcasting against landowners in New York City and Springfield Gardens, New York for allegedly allowing pirates to broadcast from their properties. The Bureau warned the landowners that the FCC may issue fines of up to $2,453,218 under the PIRATE Radio Act if the FCC determines that the landowners continue to permit pirate radio broadcasting from their properties after receiving this notice.
- The Media Bureau entered into a Consent Decree with a New York AM station to resolve its investigation resulting from an objection claiming that the station did not comply with its Online Public Inspection File requirements. The Bureau found that the station failed to timely upload Issues/Programs lists between Q2 2022 and Q4 2024 and its renewal post-filing notification certification, but that it did not violate its political file requirements as it did not receive any political advertising requests during the period investigated. The Consent Decree requires the station to enter into a compliance plan to ensure future compliance with its OPIF requirements.