Monty Tayloe

The FCC issued the order wrapping up dangling aspects of ATSC 3.0 rules, as expected (see 2006050054). Stations with fewer than three potential simulcasting partners would be eligible to receive simulcast waivers, if they commit to taking reasonable efforts to provide ATSC 1.0 service during the transition. That could be by providing consumers with converters, but the order said the agency would consider other ideas. Waiver applications that include providing free converters to consumers will be looked upon “favorably,” the order said. The order doesn’t grant a blanket waiver to noncommercial educational or low-power TV stations, as some commenters sought. The order also doesn’t allow broadcasters to use vacant channels for the transition, and rejects reconsideration petitions of the 3.0 order from the American Television Alliance and NCTA. “If warranted by market conditions in the future, we may revisit the need for permitting broadcasters to use vacant channels as transition channels,” the order said. Commissioners Jessica Rosenworcel and Geoffrey Starks dissented in part, raising concerns about the costs passed on to consumers and the order’s lack of requirements that 3.0 patents be licensed on a reasonable and nondiscriminatory basis. That’s inconsistent with past policy, and in this case, “a single broadcaster holds the essential ATSC 3.0 patents and thus can set pricing and terms for any other broadcaster seeking to transition,” said Starks. Sinclair and affiliates are said to hold several 3.0 patents. “By failing to follow history here, FCC is conferring special status on those who hold key patents without requiring fair terms in exchange,” Rosenworcel said. Commissioner Mike O’Rielly voted to approve but said broadcasters should be able to self-certify they can’t find sharing partners. O’Rielly and both Democrats said they agreed with the decision to keep transitioning broadcasters off vacant channels. “This is clearly a premature matter that can be examined later, if absolutely necessary,” he said. The order said stations’ significantly viewed status doesn’t change while their 1.0 channel is being hosted by another broadcaster.

Microsoft, public interest groups and some broadcasters disagree with NAB, America’s Public Television Stations, larger broadcasters such as Meredith and Tegna, and both the BitPath (formerly SpectrumCo) and PearlTV ATSC 3.0 consortiums on whether proposed changes to the rules on TV distributed transmission systems would lead to stations with vastly expanded reach. “The intent of the proposed rule change is not to have broadcasters reach viewers beyond their authorized service area,” said Pearl TV in comments filed by Friday’s deadline in docket 20-74, urging the FCC to “stay focused.” The FCC shouldn’t be “spawning monstrous megastations that are largely divorced from any real connection to the ‘communities’ that they are licensed to serve,” said TV broadcaster PMCM.

News media freedom organizations asked local and state governments to curb attacks and arrests on journalists, which have reached an unprecedented height, those groups said. The challenges police face during the recent wave of protests “in no way justifies police violence toward the press and others who enact their protected rights to document and record these protests,” said a letter to the city of Philadelphia Friday from Free Press, public broadcaster WHYY, Common Cause and many press freedom and local news organizations. “This is not a question of a few isolated missteps,” said the Committee to Protect Journalists in a letter to U.S. mayors, governors and police chiefs Friday. “These reports have come from 53 different communities across 33 states.”

The FCC is expected to approve a draft declaratory ruling and NPRM on rules for ATSC 3.0 “broadcast internet” (see 2005180066) at Tuesday’s meeting with few changes. Commissioners already voted to approve a separate order that largely won't allow broadcasters to use vacant TV bands for the 3.0 transition but permits waivers of simulcast rules.

A petition asking the FCC to change the rules for the signals FM boosters are allowed to transmit to make geotargeted radio ads and content possible is widely supported and considered a likely candidate for eventual FCC approval, said broadcasters and their lawyers in recent interviews. Some big broadcasters have concerns, but that may not derail the whole proceeding, stakeholders said.

Salem Media Q1 sales decreased 3.7% to $58.3 million from the year-ago quarter, the radio broadcaster reported Monday evening. Salem estimated April revenue was down 24% and May down 23%, but numbers are edging up for June. In an investor call, CEO Edward Atsinger said revenue was “clearly impacted by financial fallout from COVID-19.” Salem has laid off 10% of employees, reduced base salary for every employee, suspended 401K matching, and asked for forbearance from lenders, Atsinger said. The stock closed down Tuesday 12%, below $1.

FCC commissioners and broadcasting and journalism organizations condemned attacks on broadcast reporters by protesters and police in a host of statements issued Monday and over the weekend. Numerous incidents involving police and protesters attacking or accosting journalists were recounted in news reports and on social media during the weekend of protests sparked by the May 25 death of George Floyd while being subdued by police.

Since it began holding commissioners’ gatherings via teleconference March 31, the FCC reduced news briefings it holds after monthly meetings. Eighth-floor officials suggested logistical and technical concerns could be factors. Republican commissioners have held all of the few post-meeting media briefings, while Democratic commissioners and bureaus held none. Chairman Ajit Pai held one.

The FCC’s $48 million settlement with Sinclair Broadcast doesn’t find the company in violation of the FCC’s candor rules, nor require the company to admit violations of the good faith negotiation or of candor requirements, said the order and consent decree released Friday. It also prevents any future enforcement action or petitions to deny based on the company’s sponsorship ID violations or other matters (see 2005060063).

A draft NPRM on ATSC 3.0 datacasting set for the commissioners' June 9 meeting “makes it clear the FCC is looking to be very flexible about opening up services beyond traditional TV,” said NAB Senior Vice President-Technology Lynn Claudy during the teleconferenced annual ATSC meeting Wednesday. Claudy, the group's chairman, said “it’s nice to know data broadcasting can begin at scale.” The FCC’s draft items (see 2005180066) use the term “broadcast internet” -- a phrase promoted by Commissioner Brendan Carr -- which Claudy said emphasizes the convergence trend among communications technologies. The pandemic is causing delays in the 3.0 transition, but ATSC President Madeleine Noland said she expects U.S. broadcasters to “substantially achieve” their stated deployment goals for 2020. Noland said the pandemic affected deployment in 3.0 pioneer South Korea, though the country is still expected to offer the standard in 95% of the country “in coming years.” The rollout of 3.0-capable TVs in the U.S. also was affected by the pandemic-related shuttering of brick-and-mortar stores, but the consumer electronics industry has seen “strong initial interest” in the devices, said John Taylor, LG senior vice president-public affairs and communications. Noland lamented the pandemic-caused loss of trade shows as venues to spread the word on the new standard, saying the group’s NextGen Broadcast Conference is still set for Aug. 27-28. That event will happen only if local restrictions and COVID-19 concerns allow it to proceed, she said.