WASHINGTON and OVERLAND PARK, Kan.—The National Content & Technology Cooperative (NCTC) and ACA Connects have released further details about the program and events at the 21st annual Independent Show, which is themed “Imagination Meets Innovation”.

The event will take place July 26-29 at Disney’s Yacht & Beach Club Resorts in Lake Buena Vista, Fla., and reflect NCTC’s commitment to delivering practical value and resources for its members by focusing on turning industry innovation into immediate operational results, it said. Both the NCTC and ACAC represent smaller, independent cable operators.

“This year’s TIS is designed to make scaling networks, launching advanced services and supporting customers easier than ever for independent ISPs,” NCTC CEO Lou Borrelli said. “Every session, workshop and keynote will equip members with the strategies and turnkey solutions needed to expand and compete at enterprise scale as more broadband choices and smarter connectivity reshape the market. Attendees will leave Florida with a practical framework for enhancing the subscriber experience, whether through profitable mobile bundles, smart AI tools or seamless network convergence.”

Building on NCTC's growing portfolio of mobile virtual network operator (MVNO), programming, and network infrastructure solutions, The Independent Show will introduce expanded tactical workshops focused on mobile device strategies, bundling frameworks and network optimization, equipping members with the tools to offer converged services and increase long-term subscriber retention. These sessions will address the industry's evolving regulatory landscape while guiding members toward seamless customer experiences through the convergence of fiber, Wi-Fi, mobile and video.

Attendees will also learn about NCTC’s latest initiatives in AI, broadband, streaming and other areas shaping the future of connectivity, it said.

“On every front, we’re empowering independent operators to innovate, prepare for the future, and invest in their networks,” ACAC President and CEO Grant Spellmeyer said. “ACA Connects looks forward to leading conversations at The Independent Show with the most influential leaders driving broadband, video, and mobile policy, including FCC Commissioner Olivia Trusty. Attendees will not just leave with a more strategic playbook to navigate the regulatory world; they will gain the confidence they need to run their businesses and win.”

ACAC will also deliver an insider analysis for Independent Show attendees, breaking down key policy debates in ways that will help the industry navigate upcoming regulatory and deregulatory changes in Washington.

Expert-led panels and interactive breakout sessions will also focus on topics such as:

• Mobile bundling strategies to strengthen broadband value and customer retention.
• AI deployment, data readiness and governance for B2B applications,
• The evolving video ecosystem and driving customer stickiness with NCTC Broadband TV.
• Network infrastructure optimization and convergence across fiber, Wi-Fi and mobile.
• Regulatory shifts, including permitting reform, AI oversight, universal service reform and changes to the video marketplace.

Keynotes and general sessions on the show’s agenda include:

• Noelle Russell, Founder & Chief AI Officer of the AI Leadership Institute – In the show’s opening keynote, Russell will share practical, real‑world insights on how independents can use AI to strengthen operations, serve customers better and stay competitive without losing what makes them unique.
• Olivia Trusty, FCC Commissioner – Shortly after the keynote on Monday, Trusty will join Spellmeyer for a fireside chat on empowering independent providers to expand broadband access, drive investment and strengthen rural communities.
• David and Jonah Stillman, Generational Experts – In Tuesday’s keynote, a father‑and‑son duo representing Gen X and Gen Z will share research on how different age groups influence technology adoption, culture and team dynamics.
• Jimmy Zasowski, President, Platform Distribution, Disney Entertainment and ESPN – Directly following Tuesday’s keynotes, Zasowki will share new insights in an exclusive fireside chat with NCTC's CEO.

In a pre-show event on July 26, the Marketing Innovators Group (NCTC members only) offers a hands-on AI workshop for marketers to sharpen competitive strategies, user groups to learn from peers and a welcome party at Epcot Pavilion, where guests can experience all four Disney parks in one night.

More information is available here.

The National Association of Broadcasters is hitting back at critics who oppose its proposal to phase out the current ATSC 1.0 DTV over-the-air standard and transition to ATSC 3.0 (aka NextGen TV).

In February, the NAB filed a petition with the FCC to phase out ATSC 1.0 in two phases: In 2028, the top 55 DMAs (designated market areas) would be allowed to shut down 1.0, with the rest of U.S. DMAs doing so by 2030. The association said the current transitory phase, in which one station in a market hosts other stations also broadcasting 3.0, is preventing TV stations from taking full advantage of 3.0, which combines traditional radio frequency broadcast with internet protocol, allowing broadcasters to transmit higher resolution video, multichannel audio, advanced alerting and interactive advertising and programming.

In a blog post, NAB Chief Legal Officer and Executive Vice President Rick Kaplan criticized comments made by representatives of the Consumer Technology Association and NCTA—The Internet & Television Association during a meeting with FCC officials last month. ACA Connects, the American Television Alliance (ATVA), and the LPTV Broadcasters Association also attended that meeting, but Kaplan’s remarks were aimed squarely at CTA and NCTA. A summary of the meeting was filed with the FCC.

'Another Day, Another Reflexing Innovation-Blocking FCC Filing'
During the meeting, the CTA reiterated its longstanding position that the transition to ATSC 3.0 should remain voluntary and “a mandatory transition to ATSC 3.0 would harm consumers by imposing costs for consumers, stifle innovation, and levy unneeded regulations.”

Kaplan denigrated the group’s criticisms as “another day, another reflexive, innovation-blocking FCC filing from the usual suspects—cable lobbyists, legacy advocacy groups and industry players who oppose anything that might strengthen free, over-the-air broadcasting or challenge the dominance of their own outdated business models. Their latest attack on ATSC 3.0—the NextGen TV broadcast standard already delivering improved video, immersive audio, innovative interactive features and more—is as predictable as it is tired.”

“Let’s be clear,” Kaplan added, “these groups aren’t protecting the public, they’re protecting their turf.”

In response to the groups’ criticisms that phasing out 1.0 would be too costly for consumers, Kaplan noted that while broadcasters are working to strengthen free over-the-air TV, “our competitors are busy finding new ways to extract more money from viewers every month by diverting viewers to paid streaming services and apps they monetize.”

He accused CTA of using “faulty logic” when estimating the $80 price difference between TVs with NextGen TV capability and those without. Kaplan said such a claim ignores the fact “that those models often include other premium features that drive up the cost.

“For example, many of the TVs that include NextGen tuners also offer 8K video, higher-end display technologies, high refresh rates and upgraded speakers,” Kaplan said. “The manufacturers who are actively embracing ATSC 3.0—many of whom are ironically ‘represented’ by CTA—are delivering real value to consumers and helping to modernize free, over-the-air television. We should be celebrating this innovation—not undermining it.”

He also noted the irony in NCTA’s criticism that forcing consumers to adopt 3.0 would stifle innovation, adding that 3.0 allows broadcasters to innovate without the influence of “Big Tech.”

'What Are They Afraid Of?'
Kaplan also said cable TV shouldn’t be afraid that a mandated end to 1.0 would harm them and that they should support innovation that could help cable companies in turn, as long as they want to spend the money.

“Pay-TV providers built their empires reselling broadcast television,” he said. “Now they don’t want to invest in updates to stay current? Or are they afraid that a stronger over-the-air platform might allow more viewers to drop the costly monthly cable bill? As we know all too well, these companies simply do not want to pay for anything, whether its broadcasters’ signals, spectrum it uses to compete with licensed users or—as everyone knows—actual customer service.”

The broadcast industry is also among the most-efficient spectrum users, Kaplan said, adding that using spectrum for services other than traditional over-the-air TV should be welcomed.

He also addressed concerns from the LPTV Broadcasters Association, which also had representatives at the FCC meeting, noting that the NAB’s filing proposes that LPTV stations be exempted in the mandated transition. He also added that the NAB “has asked the FCC to allow non-commercial educational broadcasters more time to transition if needed. The answer isn’t to stall the entire industry. It’s to provide targeted support, not blanket inaction.”

He added: “It’s also rich for massive pay-TV companies to suddenly be advocating on behalf of small broadcasters. The irony here is not lost on anyone.”

Kaplan accused NCTA and CTA of being “yesterday’s gatekeepers” who are not working in the public interest. “Let’s stop pretending this ragtag opposition speaks for the public,” he concluded. “It’s not clear that NCTA or CTA know what the public interest is … the future is here.”

WASHINGTON—Representatives from six trade groups representing tech, pay TV, broadband, LPTV and other sectors recently met with Federal Communications Commission staff to detail their opposition to the "Petition for Rulemaking and Future of Television Initiative Report" filed by National Association of Broadcasters (NAB) regarding the transition to NextGen TV/ATSC 3.0.

“This diverse group of stakeholders represents different aspects of the television marketplace, and each is on record individually opposing NAB’s Petition,” the groups said in a letter to the FCC summarizing the meeting. “Each participating organization has a different perspective, but we all have a common goal. We respectfully urge the Commission to deny NAB’s requests.”

In a February filing, the NAB proposed the FCC mandate a two-phase transition deadline. In the first phase of the NAB proposal, full-power stations in the top 55 markets (reaching about 70% of viewers) would be required to transition fully to ATSC 3.0 (i.e., end ATSC 1.0 simulcasting) in February 2028, with limited waivers for smaller and noncommercial stations if necessary. In the second phase of the NAB proposal, stations in the remaining markets would be required to transition fully to ATSC 3.0 in February 2030. The NAB is also asking that ATSC 3.0 tuners be mandated in all new TV sets.

The full NAB filing can be found here.

In April the FCC's Media Bureau issued a request for public comment on the transition and the NAB’s proposal.

In a July 1 letter to the FCC, representatives of the Consumer Technology Association, Public Knowledge, NCTA—The Internet & Television Association, ACA Connects, the American Television Alliance (ATVA), and the LPTV Broadcasters Association said that they met on June 27 with the offices of Chair Brendan Carr, Commissioner Anna Gomez and the Media Bureau.

During the meeting, the CTA reiterated its longstanding position that the transition to ATSC 3.0 should remain voluntary and that "a mandatory transition to ATSC 3.0 would harm consumers by imposing costs for consumers, stifle innovation, and levy unneeded regulations.

"If broadcasters are concerned about market demand for ATSC 3.0 tuners, they need to do their part in consumer education and promotion rather than seeking a technology mandate,” the CTA said in opposition to the NAB’s proposal that ATSC 3.0 tuners be required in new U.S. TV sets. “Given the data from multiple sources that shows a small percentage of households solely rely on OTA broadcast for their video content, it would be harmful to consumers to mandate that all televisions include an ATSC 3.0 tuner because of the increased manufacturing cost to implement for all a feature that only some want.”

During the meeting, the NCTA underscored that the FCC “should maintain a market-based approach to ATSC 3.0, particularly given that NAB’s proposal would impose new regulations and substantial and unjustifiable costs on MVPDs in the absence of any clear consumer demand for ATSC 3.0 signals,” the letter to the FCC noted. “None of NCTA’s cable operator members are able to carry ATSC 3.0 signals without first making costly changes to their networks—one NCTA member estimates that purchasing and installing new ATSC 3.0 transceivers alone will likely cost tens of millions of dollars and take a substantial amount of time. The inevitable result would be to drive up the cost of cable service at a time when cable operators are already losing customers.”

During the meeting, the LPTV Broadcasters Association expressed support for authorization to transmit using all current broadcast standards, including ATSC 1.0, ATSC 3.0, and 5G Broadcast.

“LPTVBA strongly opposes a mandatory transition for LPTV and Class A facilities to adopt ATSC 3.0, a standard that is not delivering as promised after 15 years of development,” the letter said. “LPTVBA strongly supports LPTV and Class A stations having the option to broadcast in any approved standard or new standard that is the highest and best use in the public interest in a broadcaster’s community. If a transition to ATSC 3.0 is mandated, then the Federal Government or Full Power Broadcasters must absorb the cost of the transition for LPTV and Class A stations as the cost is beyond the realities of most stations which are small businesses. LPTVBA strongly supports a required broadcast stream and use of the spectrum for new and innovative First Responder solutions and emergency alerts for LPTV and Class A stations.”

The full text of the letter, with the groups’ arguments against the NAB petition, is available here.

WASHINGTON—ACA Connects, the industry group representing smaller, independent cable operators, has offered its assistance to members prepping for the landfall of Hurricane Milton as well as those recovering from the damage brought by Hurricane Helene.

ACA said it is offering assistance to members seeking support with federal resources, updates on preparation and the recovery effort and in connecting with other affected providers and industries on rebuilding efforts.

“With millions of lives along the Eastern Seaboard deeply and irrevocably affected by these devastating storms, our members know how important ensuring reliable communications networks are to helping people connect to loved ones, access recovery information, and start rebuilding their communities,” ACA Connects President and CEO Grant Spellmeyer said in a statement. “We know how hard smaller providers are working to reconnect and safeguard their services, and we appreciate their efforts to serve their subscribers during difficult times. ACA Connects is here to help our members should they need it.”

Also Read: Broadcasters Foundation Makes Emergency Grants to Those Affected by Hurricane Helene, Other Disasters

ACAC said it is urging member companies to consult its member advisory titled “Preparing for Weather-Related Emergencies and Ensuring Compliance with Related Regulatory Obligations.” That advisory offers information on government programs to help essential personnel to communicate when weather or other events cause networks to degrade, outlines available FCC assistance to restore or maintain service and lists key compliance requirements during natural disasters.

ACAC said it can also help its members access other federal disaster-related resources, including Department of Homeland Security “access letters” that allow communications providers into restricted areas. The group also works with other providers and industry associations within the Communications Information Sharing and Analysis Center (COMM-ISAC), which convenes during and after major emergencies to exchange information and coordinate response activities, allowing ACAC to obtain status updates and express member concerns over obstacles to recovery.

“Our thoughts and prayers are with our sisters and brothers in harm’s way fighting to ensure their subscribers—their friends, neighbors and family—are connected with lifeline service,” Patricia Jo Boyers, president of BOYCOM Vision and chairman of ACA Connects, said in a statement. “Their fellow ACA Connects Members stand with them and pledge their support, resources, and manpower on this lifesaving work. We wish them Godspeed.”

WASHINGTON, D.C. & OVERLAND PARK, Kans.—The National Content & Technology Cooperative (NCTC) and ACA Connects (ACAC) will host their 19th annual Independent Show (TIS) themed “Faster, Farther and Together” on August 19-22, 2024 at the Omni Nashville Hotel in Nashville, Tennessee.

“We are as relevant to broadband and video service providers today as the day we started 40 years ago. We were the first organization to create a co-op buying experience offering significantly discounted video pricing that allowed our members to feature video channels at prices comparable to those of the largest companies. Our members represent nearly one third of all broadband customers in the country,” said Lou Borrelli, CEO of NCTC. “Our history of innovation, cost savings and meeting the needs of our members has never been more important as the industry experiences lightning-fast change. Our mission and mandate are to ensure our members stay current and can keep up with everything from streaming to AI applications.”

“We have a great agenda planned for The Independent Show this year,” said ACA Connects’ president and CEO Grant Spellmeyer. “ACA Connects' top priority is to ensure attendees leave Nashville feeling better equipped to navigate the policymaking and regulatory world. We are looking forward to hosting events and panels with industry experts who can share valuable knowledge with our members who are eager to harness historic investments in rural broadband to grow their businesses, deploy more infrastructure and connect more Americans.”

During the show, NCTC’s 700+ service provider members will be discussing and participating in some of the cooperative’s most recently launched strategic initiatives including becoming Mobile Virtual Network Operators (MVNO), which allows operators to provide member-branded mobile services to their broadband subscribers, and the NCTC Connectivity Exchange, the NCTC’s quote to order wholesale platform that enables members to bid for and win national broadband network service contracts.

NCTC is also exploring new cybersecurity services and AI, and will be announcing NCTC Broadband TV, which, when launched later this year, will provide NCTC members the opportunity to offer a lower-cost general entertainment OTT video service to their broadband-only subscribers by leveraging NCTC negotiated content rights and the members’ existing video service platforms.

ACAC has already proven indispensable for its members to navigate the regulatory and policy environment, including helping its members understand the federal government’s Broadband Equity, Access and Deployment (BEAD) program. BEAD has $42.45 billion to expand high-speed internet access across the United States and US territories. The latest version of the ACA Connects BEAD Program Framework estimates that 5.4 million unserved and underserved locations will be eligible for BEAD program funding and that the program should be able to provide robust broadband service to all these eligible locations.

The Independent Show will feature panels, speakers and sessions on such topics such as:

• Practical applications, marketing and the legal landscape in the age of AI
• The future of video consumption in multi-device households
• Advocacy and BEAD updates from Washington
• The critical role of broadband in Nashville's tech economy
• The implications of an FCC proposal to ban bulk billing
• The fate of the FCC's attempt to reinstate Title II regulation of broadband service.

Keynotes on the show’s agenda include:

• Crystal Washington: Harness Generative AI like ChatGPT for Enhanced Performance
• Evan Shapiro: Future of Programming

The invitation-only event, held over four days, will have activities for the whole family as well as countless networking opportunities with NCTC and ACAC members, consisting of broadband, telco, cable, municipal and electric cooperative members from across the U.S. and Canada.

ORLANDO, Fla.—As The Independent Show (TIS) wraps up this week, the organizers have announced plans for an expanded show in Minneapolis between July 30 and August 2, 2023 at the Minneapolis Convention Center. 

NCTC, the National Content & Technology Cooperative, and ACA Connects (ACAC) said they plan to significantly expand The Independent Show in 2023, providing many new opportunities for service providers and technology suppliers alike to network and engage with other members, learn from industry-leading experts and explore the most expansive exhibit floor to date. 

Hosted at the Minneapolis Convention Center from July 30 to August 2, TIS 2023 will feature more customized content, educational sessions, policy talks, sponsorship offerings and many other new opportunities to help members grow their businesses.

The organizers also highlighted a number of new initiatives that took center stage at the show. 

These include NCTC’s new Connectivity Exchange, which provides a fully automated, unified platform for its member operators to secure large-scale RFPs and provide broadband network services for national accounts with ease. Due to the size and reach of NCTC’s member base, the Connectivity Exchange provides the largest, most accurate network in the world, the NCTC said. 

Other major initiatives shared at TIS this year span from NCTC committing to launch a new MVNO service, to getting better guidance on qualifying for the $65 billion in Federal funds being given out by 50 brand new state broadband agencies.  

WASHINGTON—ACA Connects, the D.C. trade association representing small to mid-size telco and pay TV operators, has announced that  Matthew M. Polka, its CEO for the past 25 years, is stepping down in July. The announcement was made by Polka, Chairman Patricia Jo Boyers and Vice Chair Mike Bowker and is designed to, in ACA’s words, “to prepare and position the organization for success amid rapid technology developments and expansive legislative and policy challenges.”

“I have been blessed every day to lead ACA Connects, but after 25 years I believe it is time to pass on the privilege of leadership for the healthy growth and future success of the organization,” Polka said. “I know that new vision and energy will take ACA Connects to even greater accomplishments, built upon our solid foundation of doing things the right way and never backing down or giving up.”

Mrs. Boyers, ACA Connects Chairman since 2019, expressed her deep appreciation for Polka’s decades of service to the organization and his commitment to completing a smooth leadership transition over the next three months.

“First and foremost, ACA Connects will continue its steadfast commitment to its Members just as Matt has demonstrated every day,” Mrs. Boyers said. “As the premier communications association, we stand by our mission to deliver critical advocacy support for independent broadband, video and communications providers. This is who we are and what we do every day.”

Bowker, who is Chief Operating Officer for Cable One in Phoenix and joined the ACA Connects Board in 2018, thanked Polka for his vision and leadership over an extended period of time that witnessed constant disruptive change.

“Matt recognized that the pace of change in our businesses, combined with the dynamics in Washington, D.C., created the perfect time for the organization to look forward and ensure continued thought leadership, influence and impact,” Bowker said. 

Mrs. Boyers, Bowker, and Polka began discussions last fall to develop a plan to bring new leadership to ACA Connects this year while keeping the trade association focused on its key priorities.

“This decision was Matt’s as he has always looked out for what’s best for the association,” said Boyers, who is the co-Founder and President of BOYCOM Vision in Poplar Bluff, Mo.  “In fact, he first came to me in October 2021 with a plan that allowed for a careful transition of leadership and would result in healthy growth for the organization. And here we are.”

Polka sums it up this way, “It’s onward and upward for ACA Connects. I will always be there for our Members, the Board, and the experienced ACAC team, whom I have been privileged, honored, and blessed to serve for 25 years. But what is most important is the future success of our Members and association, and that’s bigger than any one person.”

After stepping down from ACA Connects, Polka said he plans to write, enjoy time with his wife, Sharman, and their two daughters, and more deeply commit to serving in his local church, adding that he also hopes “to find ways to give back to our members, association and industry for all I have been blessed to receive.”

The search for a new ACAC President and CEO is near completion, and Boyers plans to announce the association’s search committee’s selection during the ACA Connects Board meeting in mid-May. An official introduction and celebration are scheduled to take place during the 17th Annual Independent Show in Orlando, Fla., July 24-27.

The NAB, which occasionally found itself in opposition to ACA’s policies, recognized Polka for his years of service.

“NAB congratulates Matt Polka on his 25 years of service to ACA Connects, where he has been a steadfast champion for his members and served the organization with distinction. NAB and America’s broadcasters wish him all the best going forward.” 

For more on today’s announcement, Polka recently sat down with ACA Connects Executive Vice President & Chief Operating Officer John Higginbotham for a discussion on his decision to step down, the transition to a new leader, and his outlook for the future. 

PITTSBURGH—America’s Communications Association (ACA) Connects President and CEO Matthew M. Polka announced the following staff changes. John Higginbotham has been promoted to the organization’s executive vice president and chief operating officer. Caroline Persinger has been promoted to manager of Grassroots; and Tomeika Slappy has been promoted to assistant to the president and CEO. 

“The changes we are making at ACAC will allow our association to be even stronger for our members in key service areas, building upon the strengths John, Caroline and Tomeika already bring to our team,” said Polka.

Higginbotham, currently ACAC’s executive vice president of membership and finance, joined ACAC in February 2020 and will now be responsible for all operational and staff matters as Polka focuses more on association relationships with its Members, industry partners and policymakers in Washington. Prior to joining ACAC, Higginbotham served for more than 20 years as assistant general manager of telecommunications at the Frankfort Plant Board in Kentucky, one of ACAC’s members.

In a press statement, Polka said about Higginbotham, “He is a true leader with vast industry and management experience who will help ACAC meet the needs of today and our future. In a very short time, John has become a valued colleague to our members and team alike, with many new initiatives led by John to come in 2021,” Polka added.

After a period of time away from the organization when her family moved to Fla., Persinger once again becomes ACAC’s grassroots manager, working with members on building their relationships with their policymakers in Washington, developing good grassroots practices and helping to expand ACAC’s political action arm at ACA PAC.

Tomeika Slappy previously served as ACAC’s executive assistant, but in the past year has taken on more responsibilities including not only executive management, meeting organization and organizational efficiencies, but also membership communications and logistics and executive and industry relationships.

WASHINGTON—ACA Connects is worried about the transformation of broadcast TV from something local to something more corporate, which it says is evident in the rising retransmission consent fees, which saw a nearly 20% increase in 2019.

A recent meeting with a representative from FCC Commissioner Nathan Simington’s office with ACA Connect’s Ross Lieberman and outside counsel Michael Nilsson, detailed in an ex parte filing, discussed how growing consolidation is impacting the broadcast industry, i.e., local stations are now often dealing with corporate representatives, which could raise numerous policy issues.

One such issue is the rising retransmission consent fees. Citing a FCC report, ACA Connects points out that cable operators paid more than $5.5 billion dollars in retransmission fees in 2019, up 19.2% from the previous year. ACA Connects says that it has heard from broadcasters that the demand for high and increasing fee prices continued in 2020, which it claims is backed up by analyst reports.

With these increases, there is a disparity between small cable operators and large ones, ACA Connects notes. Per the FCC report, small cable operators paid $178.13 per subscriber, per year in retransmission fees. Large cable operators, meanwhile, paid on average $124.67 per subscriber, a 43% difference. “And according to the FCC, the disparity between small and large cable systems is only getting larger,” ACA Connects wrote.

In addition, these increased fees and disputes over them have led to an increased number of TV blackouts. Per ACA Connects, 2019 saw 219 instances of broadcasters blacking out their signal. In 2020, there were a reported 342 blackouts.

“In other words, on nearly 350 occasions last year, cable and satellite subscribers who had one nothing wrong lost access to local news and network programming, just so the largest broadcasters could serve their bottom line,” wrote ACA Connects.

However, ACA Connects did note two positive developments regarding retransmission fees. The first was the implementation of the Television Viewer Protection Act of 2019. This law requires large TV station ownership groups to negotiate retrans in good faith with buying groups like the National Cable Television Cooperative. ACA Connects members said that NCTC helped conclude retransmission deals with many large broadcast groups covered by TVPA.

Also, ACA Connects praised that the FCC is beginning to enforce good-faith negotiation rules, including a nearly $10 million fine against Sinclair Broadcast Group stations and $48 million in fines against Sinclair itself.

Other suggestions made during the meeting to address concerns of broadcast consolidation and retransmission consent included a national ownership cap, local ownership rules, “the totality of circumstances” test for good faith negotiations, ATSC 3.0 or the proceeding seeking to define MVPDs.

The complete ex parte filing is available through the FCC website. 

WASHINGTON—It was always a long shot, but ACA Connects failed in its attempt to get a federal court to block the FCC's Sept. 14 deadline for electing a lump sum payment for moving off satellite spectrum in the C-Band.

A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit Monday (Sept. 14) denied the association's request for a write of mandamus, which is essentially a court stepping in to block an agency decision before it becomes final.

The judges said ACA Connects had not demonstrated its challenge of the underlying order was likely to succeed on the merits of the argument that the FCC's Wireless Telecommunications Bureau was required to include decoder equipment costs in its lump sum or that the process at arriving at that lump sum was arbitrary and capricious.

“ACA Connects is disappointed that the D.C. Circuit has denied our request to stay the lump-sum election deadline," the group said in a statement. "We are reviewing the court’s order and fully considering our options going forward."

ACAC said the FCC decision on the lump sum payments were "the product of secret meetings with a handful of unidentified stakeholders" and "rests on undisclosed data and an impossible-to-reproduce methodology."

The FCC is paying cable operators and other earth station operators to move off the lower portion of the band so it can auction it for 5G, giving them the option of itemizing expenses or a lump sum.

ACA Connects has issues with what the FCC is and isn't paying for.

PLUS: NAB: ACAC Seeking 'Handouts' With C-Band Lump Sum Demands

In a move that ACAC had signaled could land the FCC in court, the Wireless Telecommunications Bureau in July released the final cost catalog for C-Band relocation expenses and lump sum elections and it did not include compensating cable operators for integrated receiver/decoders (IRDs), as ACA Connects and other cable operators had pushed for.  

Including the IRD costs would make it easier for cable ops to move to fiber delivery, but the FCC said the lump sum was meant to approximate the cost of moving earth stations, not moving to a new distribution technology.

“Rolling out the next generation communications network needs to happen fast, as we’re already behind in this race," said Mike Rogers, chairman of 5G Action Now and former chairman of the House Intelligence Committee. "Today’s court decision ensures the 5G roll out will continue at the swift pace necessary to beat China.”

UPDATED 9/2

WASHINGTON—The FCC is moving forward with the Sept. 14 deadline for C-band transition participants to decide if they will opt in for the lump sum payment option, as the commission has rejected the stay request from ACA Connects.

ACAC filed for a stay in the deadline, which had previously been extended to Sept. 14, pending the decision on an Application for Review that the organization also filed over the Final Cost Catalog that the FCC approved for the C-band transition. ACAC’s point of contention to the FCC’s cost catalog was the omission of the cost of integrated receiver/decoders (IRDs) for cable operators that move to the upper 200 MHz of the C-band, reportedly making it easier to transition to fiber delivery.

On its decision to deny the stay, the FCC said that ACAC failed to show any of the four key factors in granting a stay: 1) if the group is likely to prevail on the merits; 2) the group will suffer “irreparable harm” without a stay; 3) other parties will not be harmed by a stay; and 4) the public interest favors a stay.

The FCC says the two key arguments of ACAC against the cost catalog are calling the exclusion of IRDs improper based on the commission’s directives for the lump sum payment options and that the process in determining lump sum payments was not performed correctly. The commission, however, says that this argument is based on a misquoted portion of the FCC’s cost catalog.

In a report by TVT’s sister publication B+C, ACAC responded to the FCC’s rejection of its stay request, saying they are not surprised but rather disappointed by the untimely decision made on Aug. 31, as the ACAC had originally asked for a decision by last week. As a result, ACAC has filed a motion for a stay in the U.S. Court of Appeals for the D.C. Circuit. According to TVT's sister publication B+C, the court is requiring the FCC to respond to ACAC's request by this Friday, Sept. 4, at 10 a.m.

“The Bureau reviewed its own decision and unsurprisingly concluded that it did nothing improper—all while evading rather than answering ACA Connects’ arguments,” the organization told B+C. “That is why ACA Connects has sought relief from the D.C. Circuit—a neutral and disinterested venue for reviewing the Bureau’s errors, which include a lump sum determination that departed from the FCC’s C-Band Order and regulations, was the product of secret meetings with unidentified stakeholders, and rests on undisclosed data and an impossible-to-reproduce methodology.”

The full FCC decision on the stay is available online. 

WASHINGTON—NAB sees the efforts of ACA Connects in attempting to stay and reconsider the FCC’s C-band lump sum payments as strictly a ploy to garner more money for its members, urging the FCC to reject all requests for review of the final cost catalog levied by ACAC.

The FCC is preparing to conduct the C-band auction, which will open up the lower 280 MHz of the C-band spectrum for wireless and 5G development, while moving the current occupants of that spectrum to the upper 200 MHz of the band. Those being relocated have different options for reimbursement, including a lump sum payment determined on average cost of all estimates.

ACAC, whose members include cable operators that would be impacted by the C-band auction,  has been fighting the FCC’s final cost catalog and lump sum payment amount because it did not include IRDs (integrated receivers/decoders) into the calculation, which it says would help with a transition to the more efficient fiber delivery. ACAC has been petitioning the FCC to review the cost catalog calculations again and recently made a court filing to stay the current lump sum deadline of Sept. 14.

NAB opposes these actions by ACAC, claiming the group is “seeking handouts” and that the association’s primary focus is to increase its memberships’ wealth at the expense of other parties and the overall goal of repurposing the spectrum.

According to NAB, the public notice determining the lump sum payment does include IRDs, but for satellite operators not the individual MVPDs that ACAC is petitioning for; NAB says this is the right determination. NAB also denies the ACAC accusation that the process of calculating the lump sum was flawed. NAB does not believe any of ACAC’s arguments hold water.

Rather, NAB views these actions by ACAC as “the latest step in ACA’s  ongoing quest to transform a spectrum reallocation process into a cash cow that will funnel funds from winning flexible use license bidders to ACA’s members.”

“Broadcasters, programmers, satellite operators and other stakeholders are about to undertake a complex transition that must be concluded in an ambitious timeframe,” the NAB wrote. “The commission’s focus should remain on ensuring that this process unfolds in an orderly and efficient manner that preserves content distribution and protects American viewers and listeners—not on maximizing payments to ACA’s members. We urge the commission to reject the Application for Review.”

The FCC is currently planning to conduct the C-band auction on Dec. 8.

PITTSBURGH—ACA Connects is bringing the courts into its dealings with the FCC over the C-band lump sum payment deadline, officially filing with the U.S. Court of Appeals for the District of Columbia Circuit to stay the current Sept. 14 deadline for earth station operators to decide if they will opt for the lump sum payment reimbursement plan.

The basis for ACAC’s desire to stay the lump sum deadline is the belief that the final cost catalog is not calculated properly, as it does not include the cost for integrated receivers/decoders (IRDs), which would help them transition to fiber delivery. ACAC gave the FCC until Aug. 26 (after the commission extended the lump sum deadline to Sept. 14) to respond to its petition for a stay. Having received nothing, ACAC filed a writ of mandamus with the court

“If MVPDs are forced to make an immediate, irrevocable decision whether to accept the FCC’s Wireless Telecommunications Bureau’s deficient lump-sum amount, they will have a strong incentive to forgo the lump-sum option and choose earth station relocation—even if upgrading to fiber would be less costly overall,” said Matthew Polka, president and CEO of ACAC. “The added public benefits from fiber upgrades would be lost. And once lost, those benefits cannot easily be salvaged.”

The FCC has previously determined that lump sump payments are meant to be an approximation of the cost of moving earth stations from their current C-band spectrum to the upper 200 MHz, not technology upgrades as they believe the inclusion of IRDs would be.

Because the FCC review of the Wireless Bureau’s action is still pending, ACAC filed the writ of mandamus since it can not seek ordinary appellate. ACAC will need an extraordinary writ issuing from the court to protect ACAC and its members from the Sept. 14 deadline.

The C-band auction, which will make the lower 280 MHz of the spectrum available for wireless and 5G development, is scheduled to take place on Dec. 8.

WASHINGTON—ACA Connects wants the FCC to pump the brakes on its C-band auction plans until it addresses an issue that the organization has raised regarding the lump sum payments the commission approved.

ACAC has filed two separate actions—one a stay of the deadline for earth station operators to decide if they will opt for the transition’s lump sum payment plan and the other an official reconsideration of the final C-band cost catalog—that are based around the decision to not include compensation for integrated receiver/decoders (IRDs) as part of the lump sum payment, a move supported by cable operators.

IRDs receive and decode satellite signals from programmers and are needed if cable operators move earth stations. Cable operators are looking to transition to fiber delivery, which they believe would be more efficient, and want the option to use the lump sum payment for this purpose, which would require the inclusion of IRDs.

In determining its final cost catalog, the FCC ruled that the lump sum payments are meant to be an approximation of the cost of moving earth stations, not technology upgrades; a decision that broadcasters and TV content companies agreed with. ACAC, however, disagrees.

“The commission directed that the lump sum must encompass the cost of ‘any necessary changes that will allow the earth stations to receive C-band services on new frequencies or from new satellites once space station operators have relocated their services into the upper portion of the band,” ACAC’s filings read.

ACAC argues that the FCC mistakenly classified “earth-station-bound IRDs” as a space station cost. In addition, there were other violations in the process, according to ACAC, including the commission not properly disclosing its methodology and assumptions; relying on a consultant that would not meet with ACAC; and imposing a schedule that forced it to determine the final lump sum amount before satellite operators filed “crucial transition plans bearing on the calculation.”

ACAC asks that the FCC make a decision on its petition for a stay by Aug. 20, so that the organization will have time to seek judicial relief if needed before the Aug. 31 deadline. With the review, ACAC is calling for a “new, properly supported determination.”

ACAC’s stay and review filings are available online through the FCC’s ECFS. 

WASHINGTON—As the specifics of the C-band auction and transition are being ironed out, ACA Connects has made its stance well known to the FCC Wireless Telecommunications Bureau—include integrated receiver/decoder equipment costs as part of the lump sum payment option or face potential legal challenges and transition delays.

This position was explained in detail following a meeting between ACAC and FCC officials on July 15, and subsequently summarized in a filing.

The basic argument from ACAC is that the inclusion of costs for IRDs, which receive and decode satellite signals from programmers, in the estimated lump sum payment of average costs for transitioning was approved in the initial 3.7 GHz Report and Order issued on March 3. This is to allow cable operators the “flexibility” to choose whether they want to move earth stations or transition to fiber delivery, ACAC says.

However, broadcasters and TV content companies have argued that MVPDs can not include IRD costs in the lump sum payment, saying that such payments would artificially inflate cable operator payments.

During the meeting, ACAC said that the report and order required the inclusion of IRDs.

“[U]nder the 3.7 GHz Report and Order, whether the lump sum recipient actually needs IRDs is irrelevant; the lump sum, which is “in lieu” of C-band relocation cost reimbursement, is to be based on the money that would have been spent to upgrade all of an operator’s earth stations,” ACAC argues.

Failure to include IRD costs in the lump sum payments could lead to legal challenges that could ultimately delay the C-band transition, ACAC warned the FCC.

The C-band auction is currently slated to take place in December. The C-band transition, meanwhile, is on an accelerated timeline and aims to start having portions of the planned vacated C-band spectrum available as early as Dec. 5, 2021.

ACAC’s recap of its July 15 meeting is available on the FCC’s ECFS. 

LENEXA, Kan.—The National Cable Television Cooperative and ACA Connects said Wednesday, July 15, its 2020 Independent Show will be a virtual online event.

NCTC said the “reimagined” virtual Independent Show will take place Sept. 29 to Oct. 1 and will feature national, industry and political speakers. The theme of the six-hour, three-day event is "Trailblazing in a Digital World," and will bring together nearly 1,000 industry professionals from across the country, the NCTC said. 

"The goal is to help independent providers better understand the changing landscape of broadband internet, advanced video and other technical and policy issues in a post-COVID-19 world, including in the marketplace, on Capitol Hill and at the Federal Communications Commission," NCTC  said in a press release.

The 2020 Independent Show event was originally scheduled for July 26-29 in San Antonio, Texas, but was changed due to restrictions due to the COVID-19 pandemic.

“We’re very excited to bring our members together once again for our 15th annual Independent Show, and while this show will be different from all of the others it will be the same in delivering the best information that will help our members meet their communities’ broadband and video needs in our new normal,” NCTC CEO Rich Fickle said in a press release.

CNN political analyst Ron Brownstein will lead a keynote session on politics today in America and the upcoming 2020 election. A full schedule of speakers and sessions will be announced soon, including political, regulatory and industry leaders, member presentations and breakouts, and a review of the key business and policy issues facing NCTC and ACAC Members.

“Our members have delivered the broadband promise during the COVID-19 pandemic, but the political and regulatory stakes are higher than ever, and that’s why we’re glad to meet at #TIS20 to cover these important issues,” said ACA Connects CEO Matt Polka in a press release.

Registration opens July 20. More details are available at The Independent Show website. 

WASHINGTON—The current amount and process for determining potential lump sum payments for earth station operators who will be transitioning from their current locations on the C-band is “inadequate,” according to ACA Connects.

The comments come via a filing on a meeting held on June 26 between FCC Chairman Ajit Pai and his Wireless and International Advisor Aaron Goldberger with ACA Connects’ chairman Patricia Boyers and association president and CEO Matthew Polka.

As part of the process of opening up the C-band for 5G development, earth station operators that will be forced to relocate have two options to help with the process: they can choose to have satellite operators take responsibility for transitioning at no cost, or accept a lump sum payment and handle the transition themselves.

Boyers said that she does not want satellite operators, who she says “have no expertise in running a cable business,” making the technical, financial or operational decisions for earth stations’ transitions. Thus the focus of ACAC is on the lump sum payment.

However, Boyers said that the current proposal for lump sum payments in regards to amount and oversight diverge from the FCC’s 3.7 GHz Report and Order. Under the current proposal, lump sum payments could provide MVPD earth station owners like her (she is president of BOYCOM Vision) as little as 7% of the expected average relocation cost for maintaining C-band services. She says that “such an unjustifiably inadequate lump sum amount would undermine the 3.7 GHz Report and Order’s very purpose that the lump sum offer afford MVPDs a real choice to undertake the transition on their own.”

She also pointed out issues on having the lump sum amount differ depending on a station’s number and type of antennas, as well as technology upgrades needed. Boyers insists that the Report and Order requires that the lump sum payment be equal for the same class of earth stations. In addition, she objected to the idea that IRD replacements would be excluded from a lump sum payment.

Polka, meanwhile, noted the disparity between ACAC’s MVPD lump sum estimate and the FCC’s estimate. He says that the differences could be attributed to the commission’s inexperience with the technical, financial and operational issues of MVPD distribution; not seeking input from ACAC and its members; and the decision to determine and seek comment on lump sum amounts prior to reviewing satellite operators’ initial transition plans. The FCC’s speed and lack of transparency on determining lump sum payments has also been a hindrance to the process.

ACAC wants another Public Notice proposal seeking comments on a new lump sum amount for MVPD earth stations that are consistent with the 3.7 GHz Report and Order, as well as incorporating information from ACAC and data from satellite operators’ transition plans.

The full filing from ACAC is available on the FCC’s ECFS page. 

WASHINGTON—Cable operators are calling on the FCC to level the regulatory fee playing field and require satellite operators (DBS) to match their cable fees.

This comes from the latest batch of comments from ACA Connects and NCTA—The Internet & Television Association in response to comments filed by AT&T and Dish opposing the FCC’s proposal to increase their Fiscal Year 2020 DBS regulatory fee by 12 cents per subscriber.

With this particular proposal, ACA and NCTA make the case that DBS providers’ arguments against any raise for this fiscal year are “predictable and remain meritless,” saying the FCC “must again repudiate them.”

In the past, satellite operators’ reg fees were based on per license rather than per sub. However, the FCC decided a half-decade ago that it would begin charging DBS on a per sub basis and raise their fees annually so as to put them on a path toward parity with cable. Cable operators, however, would rather see fees raised to equal levels immediately.

“[T]he commission should assess all MVPDs, including DBS providers, the same regulatory fee to fund the Media Bureau’s activities in FY 2020 and onward,” the comments read. The cable ops argue that there is no reason for the delay other than that the FCC initially adopted the phase-in approach.

To read the full comments from ACA and NCTA, visit the FCC’s ECFS. 

WASHINGTON—ACA Connects and NCTA—The Internet & Television Association are seeking an extension of the comment deadline currently set by the FCC regarding lump sum payments for current C-band operators that will have to transition to make room for 5G development.

The two organizations filed a joint statement to the commission, asking that the comment deadlines be pushed back six days from June 16 to June 22. This, they say, would provide sufficient time to review the satellite operator transition plans that are due June 12, which will inform the parties’ comments on the proposed lump sum payment amounts.

“It will be challenging to evaluate whether a proposed lump sum amount is truly representative of the average cost to transition an earth station antenna before seeing the satellite operators’ transition plan, as that cost average could be significantly higher or lower depending on the satellite operator’s specific grooming plans,” the statement reads.

The two organizations also asked that the FCC make the transition plans available on the FCC website immediately after they are filed and that the commission, within a reasonable time period prior to the comment deadline, disclose the methodology by which it arrived at the proposed lump sum amounts and the assumptions that it used.

ACA and NCTA conclude that giving cable operators adequate time to review draft transition plans will help in the process of making the C-band transition as smooth as possible.

The full comments are available through FCC’s ECFS. 

WASHINGTON—The C-Band Alliance has shared its idea for paving the way for 5G, providing the FCC with a plan that would free 300 MHz of C-band spectrum. However, the proposal is being criticized by ACA Connects as potentially burdensome and insufficient.

C-band spectrum is used by broadcast and satellite operators to help deliver network programming. That spectrum is being proposed as a way to assist with 5G wireless deployment, and the FCC is currently determining the most effective plan to do so.

This most recent proposal from the CBA, which was issued on the eve of a C-band hearing by Congress, commits to clearing 300 MHz of spectrum, including a 20 MHz guard band that would protect existing satellite services from 5G interference. In previous plans, CBA had proposed clearing 200 MHz for 5G. There is 500 MHz in total available as part of the C-band spectrum.

Also as part of the plan, CBA said that it would make 100 MHz available in the top 46 metropolitan areas within 18 months of the official FCC order and 280 MHz available all across the country within 36 months. The spectrum would be made available through a CBA-led private auction.

“The CBA remains committed to ensuring that existing customers continue to enjoy the quality of service they experience now, with no interference from 5G services deployed in the future,” reads the CBA’s press release detailing the proposal. “The CBA member companies will maintain continuity of all current C-band customer services and maintain the value of the continental U.S. C-band video distribution neighborhoods.”

ACA Connects, a trade organization representing smaller and medium-size providers of broadband, quickly came out against the CBA’s proposal.

“At the eleventh hour and fifty-ninth minute, CBS has finally come forward with the rough outlines of a proposal to clear 300 MHz of the C-band,” said ACA Connects President and CEO Matthew M. Polka. “It’s three-page submission affirms that CBA would rely on the use of video compression to cram all satellite operations into a mere 200 MHz.

“This would saddle rural operators and their customers with higher prices to use a less reliable C-band that is more prone to interference and is unable to meet future demand for high-definition video.”

ACA Connects’ own plan does consist of freeing up 300 MHz, but to do so by transitioning satellite delivery to fiber and repurposing the spectrum through an FCC-led auction. An auction would put money back into the U.S. Treasury to help fund things like rural broadband deployment.

“At any rate, the skeletal outline that CBA has provided is far from a sufficient basis for FCC action to reallocate a multibillion dollar spectrum asset,” Polka added. “Nor does the filing remedy core defects of the CBS plan, including the proposed reliance on an untested, legally unsound private sale of licensed spectrum.”

Polka also said that the proposal is too late to be incorporated into the FCC’s rules by the end of year.

PITTSBURGH—ACA Connects isn’t a fan of the recently announced deal that would see Sinclair Broadcast Group acquire 21 regional sports networks from Disney-Fox. It’s opposition centers around the same reason it opposed the eventually scrapped deal between Sinclair and Tribune—the possibility that Sinclair would raise prices to consumers, including those served by ACA Connects.

“Big 4 broadcast network programming and RSN programming are both critical for ACA Connects members,” said ACA Connects President and CEO Matthew Polka in a statement. “By jointly negotiating these assets when they serve the same market, Sinclair can raise prices to cable operators for both offerings.”

The deal with Disney would see Sinclair take over 21 RSNs and Fox College Sports, including the rights to 14 MLB teams, 16 NBA teams and 12 NHL teams.

The deal does not contain any licenses, so is not subject to review by the FCC, but it will be looked at by the Department of Justice for any antitrust issues. Sinclair already owns Marquee Sports Network, the Tennis Channel, Stadium, Ring of Honor Wrestling and some high school sports programming.

News as a result of the announced deal caused Sinclair’s stock to go up more than 30% on Monday, May 6.

Ultimately, Polka believes that antitrust regulators will reject the proposed deal between Sinclair and Disney.