One of the last questions about the repacking of the television spectrum following the television incentive auction was whether there would be a UHF television channel set aside in each television market for unlicensed wireless uses. Microsoft and other tech companies have been pushing for that set aside for years, arguing that more capacity
In one of those weird little quandaries in the broadcast legal world, the FCC just asked for comments on a petition for declaratory ruling filed by the NAB seeking a clarification as to who is responsible for the content of simulcast streams provided to comply with the ATSC 3.0 conversion rules. Under those rules, for a station to convert to the new NextGen TV transmission system, it must leave behind a simulcast stream of its primary video channel – with that stream being broadcast on a subchannel of a station continuing to operate in the current digital television standard ( a “lighthouse” continuing to transmit the programming to viewers who have not acquired a NextGen TV set – see our articles here, here and here addressing other aspects of the lighthouse signal). In such agreements, there is often a reciprocal agreement that the station hosting the simulcast stream gets to provide its own programming on a simulcast stream of the station that is converting to ATSC 3.0. What has not been explicitly addressed by the FCC is the legal responsibility for the content and other public interest obligations that attach to those streams.
In the normal course, a licensee is responsible for all programming that runs on its station, including on its own subchannel programming streams. As part of the incentive auction and subsequent repacking of the television band, where the FCC blessed channel-sharing arrangements where two or more licensees share a single television channel, the FCC has made clear that there are two separate licensees and each licensee is responsible for their own programming, public file and other regulatory obligations (see our articles here and here on channel sharing). But in the ATSC 3.0 conversion, the question has not been squarely addressed even if the answer is implied, but clearly the NAB is correct that the answer should be made crystal clear.…
Continue Reading In the Conversion to NextGen TV, Who is Responsible for the Content of the Simulcast Streams?
A freeze on technical improvements by full-power TV stations is about to come to an end after more than 15 years. Television stations have been unable to improve their coverage areas by a freeze first instituted in 2004 to allow the FCC to deal with a stable database of television stations during the transition to digital operations. After that, the freeze was soon reinstated to facilitate the incentive auction and subsequent repacking of the TV band into less spectrum so that TV channels above 37 could be auctioned for use for new wireless communications technologies. The FCC’s Media Bureau yesterday issued a Public Notice announcing that it will finally lift the filing freeze – that thaw to be effective 15 days after the Public Notice is published in the Federal Register.
Specifically, the Bureau will lift the restrictions on the following types of applications:
- Petitions for rulemaking to change channels in the DTV Table of Allotments (where a station moves from one channel to another) or petitions to swap channels between two existing stations.
- Petitions for rulemaking for new DTV allotments which could give broadcasters the opportunity to apply for new TV stations.
- Petitions for rulemaking to change communities of license.
- Modification applications that increase a full power or Class A station’s service area beyond an area that is already served.
Here are some of the regulatory developments of the last week of significance to broadcasters, with links to where you can go to find more information as to how these actions may affect your operations.
- The FCC set the comment dates for its proposal for changing the cost to file various broadcast applications. The new
Here are some of the regulatory and legal actions and developments of the last week of significance to broadcasters, with links to where you can go to find more information as to how these actions may affect your operations.
- The FCC released the agenda and items to be considered at its October 27 Open Meeting.
Where do all the Washington DC legal issues facing TV broadcasters stand? While we try on this Blog to write about many of those issues, we can’t always address everything that is happening. Every few months, my partner David O’Connor and I update a list of the legal and regulatory issues facing TV broadcasters.…
Tuesday marked the end of the TV repacking following the TV incentive auction – shrinking the TV band by moving all TV stations to channels below what used to be Channel 37 (with a few exceptions for stations given a couple of extra months due to last minute COVID-19 delays, as discussed in the FCC decision here). The FCC announced the end of the transition in a Press Release, and Chairman Pai delivered remarks on an American Consumer Institute webcast, thanking his staff for making the transition happen. Remarkably, in the 15-year life of this blog, this is the second time that we have written about the shrinking of the TV band – the first following the transition of television from analog to digital over a decade ago (see, for instance the articles here and here from the 2009 digital transition).
That transition to digital is not complete, as we were reminded by another Public Notice released by the FCC on Monday. This Public Notice emphasized to LPTV and TV translator operators, some of whom still have not transitioned to digital operations, that they have one more year to do so. By the end of the day on July 13, 2021, all LPTV and TV translator stations need to be operating in digital or they need to cease operations. The Public Notice reminds these operators who have construction permits for new digital facilities to extend those permits if they expire without construction completion before next year’s transition deadline – and alerts these operators to file by May 1, 2021 any last-minute modifications of the technical facilities specified in construction permits authorizing their digital transition. Filing by May 1 gives the FCC sufficient time to process these applications so that any changes can be implemented by the July 13 deadline.…
Continue Reading The Evolution of TV – The End of the Repack, a One-Year Reminder to the End of Analog LPTV, and the Start of the ATSC 3.0 Roll-Out
The FCC’s International Bureau released a preliminary list of C-Band earth stations (those that operate in the 3.7-4.2 GHz band) in the contiguous U.S. that the Bureau has reviewed and said appear to qualify as “incumbent earth stations” which will be eligible for reimbursement for reasonable costs of changes to their facilities caused by the upcoming repacking of the C-Band. The C-Band will be partially reallocated for use by wireless carriers, requiring changes in many existing earth stations. The FCC’s notice about the preliminary list is available here, the preliminary list of incumbent C-band earth stations with explanatory notes in PDF format is available here, and the preliminary list of incumbent C-band earth stations as an Excel chart is available here. It is important that all broadcasters who have registered earth stations immediately review this list – as corrections need to be submitted to the FCC in just a week – by July 16, 2020.
The Bureau reviewed the status of all earth stations with active or pending licenses or registrations in the C-band. The incumbent licensees were those who were operating in 2018 and filed FCC registrations by that year and updated those registrations in 2019 (see our articles here and here). The list includes earth stations whose timely-filed applications are still pending, though they may ultimately not be eligible for reimbursement if the applications are not granted. The Bureau did not include earth stations whose applications it has dismissed as not meeting the criteria for incumbent status, even if the dismissal is not yet final under the Commission’s rules.…
Continue Reading FCC Gives Notice of C-Band Earth Stations Eligible for Reimbursement Before Repurposing Part of that Spectrum – Broadcasters Need to Review and File Corrections By July 16
July is usually a month of family vacations and patriotic celebrations. While the pandemic has seen to it that those activities, if they happen at all, will look different than they have in years past, there are plenty of regulatory obligations to fill a broadcaster’s long, summer days. Here are a few of the dates and deadlines to watch for in July, and a quick reminder of some of the significant filings due right at the beginning of August.
On or before July 10, all TV and radio stations must upload to their public file their Quarterly Issues/Programs Lists for the 2nd quarter (April, May and June). Stations that took advantage of the FCC’s extension of time to file their 1st quarter (January, February and March) list must also by July 10 upload that list to their public file. As a reminder, the Quarterly Issues/Programs Lists are a station’s evidence of how it operated in the public interest, demonstrating its treatment of its community’s most significant issues. The FCC has shown (see here and here) that it takes this requirement seriously and will fine stations, hold up license renewals, or both if it finds problems with a station’s compliance. For a short video on complying with the Quarterly Issues/Programs List requirement, see here.…
Continue Reading July Regulatory Dates for Broadcasters: End of the TV Repacking, Quarterly Issues/Programs Lists, Children’s Television Reporting, EEO, Carriage Election Public File Information Deadline, LPTV Settlement Window, Rulemaking Comments and More
LPTV and TV translator licensees and applicants saw two notices from the FCC yesterday dealing with fall-out from the FCC’s incentive auction and the subsequent repacking of TV stations into a smaller part of the broadcast spectrum. The first notice announced a settlement window that runs through July 31 for applicants for new or modified LPTV stations or translators that had filed for new channels or new technical facilities because use of their old channels were preempted by the repacking – either because those channels were no longer part of the TV band or because the channels were to be used by some full-power station that was itself repacked. These applications have been pending since an LPTV/TV translator filing window in 2009, and were allowed to amend their applications to address issues caused by the repacking earlier this year. As, in some cases, more than one applicant applied for the same new channel in the same area, those applicants whose displacement applications ended up being mutually exclusive can file to make engineering changes to their applications (including, if no other solutions are possible, changing channels yet again) or to reach other settlements (including channel sharing) to resolve their conflicts. So if your displacement application was on the list of mutually exclusive applications, look to see if you can resolve your issues and file for the necessary FCC approvals by the July 31 deadline.
In addition, LPTV stations and TV translators using channels 38, 44, 45 and 46 were reminded by the FCC in another Public Notice that they need to vacate these channels by July 13. The FCC notes that this is a hard deadline that cannot be waived – so stations operating on these channels must either move to a new channel (getting FCC approval for such a move if they have not already received such approval) or cease operations (and ask for authority to remain silent until they have been able to move to another channel) by the July 31 deadline so that the spectrum is freed up as part of its being repurposed for wireless uses. …
Continue Reading LPTV and TV Translators – Settlement Window for Mutually Exclusive Applications and Reminder on Deadline for Vacating Certain Channels