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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…

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. Continue Reading 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

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…

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

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

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…

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…

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…

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…