WASHINGTON—The NCTA has filed comments with the Federal Communications Commission opposing E.W. Scripps acquisition of TV stations from INYO that argue the agency lacks the authority to waive ownership caps on broadcast station groups.

DirecTV has also filed comments opposing the deal.

Earlier this year, Scripps has announced that it is exercising its option to re-acquire 23 ION-affiliated stations for about $54 million. The stations were divested to INYO Broadcast Holdings in 2021 as part of its acquisition of ION so that the deal would comply with Federal Communications Commission ownership caps.

The plan to reacquire them comes at a time when the FCC has been more open to altering or eliminating ownership caps,

The proposed acquisition would, if approved by the agency, create a combined station group covering 40.29% of the country or 1.29 percentage points more than the current ownership cap of 39%. Under FCC Chair Brendan Carr the agency has asserted its authority to waive the ownership caps if they are in the public interest.

Recently, the Media Bureau did waive ownership rules in its approval of the Nexstar/Tegna merger, which would create a combined group covering 54.5% of the U.S. population or 15.5 percentage points over the cap. That decision is now being litigated in Federal courts in California and Washington D.C.

In its filing, the cable-backed NCTA argued that Congress did not give the FCC authority to waive the caps and that even if it did, the agency’s Media Bureau did not have the power to do so on "delegated authority”

“Accordingly, the Commission itself should resolve any `questions regarding the Commission’s authority in this area.’” the group argued. “And, as discussed above, that resolution should make clear that the Commission lacks authority to repeal or modify the National Cap.”

The full filing is available here.

Three major industry trade groups—the Motion Picture Association, the National Association of Broadcasters and NCTA–The Internet & Television Association—have defended the current system of TV ratings for children’s programming in a May 22 joint FCC filing.

In April, the Federal Communications Commission’s Media Bureau issued a Public Notice that it would examine several issues related to TV content ratings and warning labels, including the current system’s handling of content related to LGBTQ+ and transgender people.

The joint response from the main trade groups representing the motion picture, broadcast TV and pay TV industries provides extensive detail on how the system works and how the TV Parental Guidelines Monitoring Board actively seeks feedback from parents to refine its work. But it avoids the controversial question of LGBTQ+ content in addressing the FCC’s ask for public comments on how the ratings system might be improved.

“The TV Parental Guidelines continue to provide an effective tool to help parents and caregivers to make informed viewing choices about age-appropriate programming,” the joint filing said. “The Monitoring Board plays a vital role in fostering consistent TV ratings across broadcast, cable, and streaming platforms. The Board is committed to continuing working diligently to further promote consistency and transparency in ratings and support public understanding.

“At the outset, we agree with the Media Bureau that parents must be empowered to make informed choices when it comes to the type of television programs that are appropriate for their children,“ it continued. “As discussed below, the Monitoring Board and the voluntary TV Parental Guidelines are doing just that. Indeed, the Guidelines are a widely recognized, well-understood and broadly used tool to help parents and caregivers make informed decisions about the television programs their children watch. The television industry carefully developed this decades-old TV ratings system and continues to seek feedback from stakeholders and refine ratings practices.”

The FCC’s Public Notice read: “Recently, parents have raised concerns that controversial gender identity issues are being included or promoted in children’s programs without providing any disclosure or transparency to parents.”

That prompted a number of filings by conservative politicians and groups, including U.S. Sen Jim Banks (R-Ind.), Center for American Rights President Daniel Suhr and the Concerned Women for America, calling for updates that would flag content with LGBTQ and transgender themes. Separately, 13 Republican state attorneys general filed comments urging the FCC to create a separate system where viewers could rate programs.

More than 40 organizations and industry associations, including Free Press, responded with comments opposing the idea. In its filing, public-interest group Free Press said the FCC lacks the authority to change the current system and that efforts to add the labels would silence LGBTQ+ voices.

The full filing from the MPA, NAB and NCTA can be found here.

WASHINGTON—The National Religious Broadcasters (NRB) has filed formal comments with the Federal Communications Commission (FCC) regarding the nationwide transition to ATSC 3.0, also known as NextGen TV that urge the agency to require all new TVs be able to receive 3.0 broadcast signals and reaffirm must-carry provisions for NextGen TV broadcasts.

Tuner requirements and must-carry provisions are also supported by the NAB and major broadcast station groups. But groups representing cable companies and telcos have attacked the must-carry provisions and the Consumer Technology Association has strongly condemned tuner mandates as a measure that would increase the price of TV sets.

In its filing, the NRB stressed that the move to ATSC 3.0 marks one of the most significant technological upgrades for broadcast television in decades, promising improved picture and audio quality, enhanced emergency alerting, and new service capabilities that could deepen local engagement.

NRB told the FCC that it supports the continued deployment of this technology, calling it “the future of broadcasting.”

NRB also came out strongly against filings by NCTA and other telecommunications groups opposing must-carry requirements for 3.0 broadcasts. It urged the FCC to reaffirm the application of must-carry protections to ATSC 3.0. In addition it said the agency needed to establish a tuner requirement and to ensure a fair transition process for mission-driven stations.

“There is no statutory basis for concluding that the congressionally-established must carry rules change when cable television undergoes a technical upgrade,” the NRB argued. In addition, “the FCC does not have the authority to rule that an act of Congress is unconstitutional, especially when the Supreme Court has ruled on the very question raised.”

It also stressed that for many Christian broadcasters, must-carry is essential to sustaining long-term community outreach. Federal law requires cable operators to carry local commercial and noncommercial educational stations, and that obligation does not change simply because of an advancement in transmission technology.

NRB’s comments also noted that ATSC 3.0 is not backward compatible, meaning that viewers without the right equipment would not be able to receive the upgraded signal and argued that without a clear tuner requirement, some households could lose access to programming during the transition process.

Finally, NRB called for a structured and reasonable transition to ATSC 3.0, one that reflects the realities facing smaller, noncommercial, and ministry-focused stations. Too rigid of a transition, it said, may not provide the flexibility smaller stations need in order to comply with FCC requirements in a timely manner.

To this end, NRB encouraged the FCC to adopt a transition timeline that creates a predictable path to end the indefinite simulcasting burden, while providing flexibility for small and low-power stations.

The full NRB filing, which is undated but was announced by the NRB on Feb. 17 is available here.

WASHINGTON—Associations backed by the pay TV industry have voiced significant opposition to the NAB’s proposals for speeding up the transition to NextGen TV/ATSC 3.0.

In filing with the Federal Communications Commission, which has launched an inquiry into rules impacting the rollout of ATSC 3.0 broadcasts [FCC GN Docket No. 16-142 Authorizing Permissive Use of the “Next Generation” Broadcast Television Standard], the NCTA, the American Television Alliance (ATVA) and others have criticized NAB proposals that the FCC should set a firm cutoff date for ATSC 1.0 broadcasts and eliminate requirements to simulcast 1.0 content on the newer 3.0 broadcasts.

In its Jan. 20 filing, the NCTA. which represents major cable providers told the FCC that the transition “to ATSC 3.0 should remain market based, and the Commission should reject broadcasters’ requests for government intervention. Instead, the government should continue to prioritize protecting consumers from any harmful impacts.”

More specifically, the NCTA comments argued that “the simulcasting requirements in the Commission’s rules remain essential at this point in the transition given the broadcast industry’s decision to use a non-backwards compatible technology. The Commission should not foist the substantial costs of a premature conversion to ATSC 3.0 on consumers and MVPDs by abandoning the simulcasting and substantially similar protections at this time.”

Filings by the NAB, Pearl TV and other broadcasters have pushed for the end of simulcasting rules because it would free-up spectrum and allow them to better showcase the benefits of the new 3.0 broadcast standard.

The NCTA also argued that the FCC “should also reject any calls to grant must-carry rights to 3.0 signals. In today’s video marketplace, must carry requirements are no longer supportable under the First and Fifth Amendments. Extending must carry requirements to 3.0 signals would only exacerbate these constitutional infirmities.”

The filing argued that “MVPD distribution of ATSC 3.0 signals also presents numerous technical challenges, including issues that implicate the Commission’s existing rules regarding broadcast must carry and retransmission consent. The Commission should remain mindful of these challenges as the transition progresses.”

In terms of must-carry for 3.0 broadcasts, the NCTA argued that “requiring cable operators to incur additional substantial costs to upgrade their equipment to meet new carriage obligations would have significant economic impacts on regulated cable operators and interfere with their investment-backed expectations. In today’s highly competitive marketplace for video, these burdens are more severe and represent a far greater economic impact on cable providers than was the case when courts have considered these issues in the past.”

The NCTA also contended that “The Commission should also ensure that broadcasters’ use of spectrum serves the public interest and meets statutory requirements concerning ancillary and supplementary services, and it should take steps to contain any anti-competitive effects stemming from broadcast stations’ transition to ATSC 3.0.”

The NCTA warned that implementation of the broadcast standard posed a number of anti-competitive threats to the video market and argued that the FCC should adopt policies that would avoid those problems.

“If the Commission decides to permit stations to flash cut to ATSC 3.0 despite the early state of the transition and lack of demand from consumers, it should take additional steps to limit and contain the inevitable anti-competitive effects and harm to MVPDs and consumers,” the NCTA argued.

“The Commission should affirmatively require that patents relevant to the ATSC 3.0 standard be licensed on a reasonable and non-discriminatory (RAND) basis,” the NCTA urged. “Of significant concern, there has already been patent infringement litigation involving alleged ATSC 3.0 functionality where the jury awarded the patentee an ongoing royalty of $6.75 per television for four patents, exorbitantly higher than the rates for the two existing patent pools for ATSC 3.0 patents.

"Specifically, a pool comprising over 11,000 patents operated by Avanci charges $2-$3 per unit, and a pool of 50+ patents administered by Via Licensing Alliance similarly charges under $3 per unit. Constellation’s excessive royalty award prompted LG to suspend inclusion of ATSC 3.0-compatibility in its TVs for the U.S. market. This type of `patent ambush’ is particularly worrying given that many patents in the field claim patent-ineligible subject matter (as LG is arguing in the pending litigation), but it can take years of litigation to invalidate such patents.”

In its filings, the American Television Alliance also argued that the transition posed significant technical issues for pay TV operators and that they should not be required to invest significant amounts of money to comply with Must carry rules.

The ATVA said it “continues to be open to `voluntary and market-driven’ adoption of ATSC 3.0” and said the FCC should continue its “voluntary and market-driven” approach.

“From the MVPD perspective, the most significant concern about ATSC 3.0 is that the format is not backwards compatible with MVPDs’ existing distribution architecture, and many current set-top-boxes and consumer devices cannot support ATSC 3.0 streams and related features,” it stressed. “Developing ATSC 3.0 compatibility would require MVPDs to incur substantial costs for new equipment and system changes to receive and process ATSC 3.0 signals. Even then, most MVPDs could not deliver ATSC 3.0 signals to consumers. In other words, whatever improvements broadcasters might make to their signals using ATSC 3.0 are highly unlikely ever to accrue to MVPD subscribers and thus MVPD expenditures to accommodate ATSC 3.0 would be a dead weight loss.”

“We, therefore, urge the Commission to maintain the simulcasting requirement (and the substantially similar requirement),” the group concluded. “If the Commission were to decide otherwise, however, it should at a minimum require broadcasters—whether electing retransmission consent or must-carry—to deliver signals to MVPDs in a 1.0-compatible format at their cost. Otherwise, the Commission would be asking MVPDs (and their subscribers) to incur substantial costs to downconvert broadcast signals without any benefit to those subscribers. This would be arbitrary and capricious.”

The group also contended that “the primary benefits of the ATSC 3.0 transition appear not to be improvements to broadcast television, but rather the ability of broadcasters to use ATSC 3.0 signals for unrelated services like datacasting. This real possibility that broadcasters could use the vast majority of their spectrum for services other than free, over-the-air television raises significant legal questions, including under the Communications Act, FCC rules, and the Administrative Procedure Act—especially if MVPDs and their subscribers are expected to pick up the tab for such services.”

The full filing by the NCTA is available here.

The full filing by the ATVA is available here.

[This article is part TV Tech’s ongoing coverage of the FCC and NextGen TV; articles about the comments and filings from other companies and associations with different perspectives on these issues can be found here and here.]

LOUISVILLE, Colo.—Faced with an increased number of attacks and a growing problem with vandalism of key telecommunications infrastructure in the U.S., the broadband industry has launched STRIKE (Strategic Threat Response & Infrastructure Knowledge Exchange), an urgent initiative that will confront what the industry calls an increasingly serious national security crisis.

In launching the effort, the industry cited data showing that there were 5,770 criminal acts of theft and vandalism were reported from June to December 2024—approximately 824 per month affecting over 1.5 million customers.

Co-led by industry leaders SCTE, a subsidiary of CableLabs, and NCTA – The Internet & Television Association, STRIKE represents a executive-level coalition that aims to address the alarming spike in criminal attacks on essential broadband infrastructure.

The group stressed that many of these incidents go beyond mere acts of vandalism, as they're deliberate assaults that disrupt key facilities including U.S. military bases, 911 services, fire and police departments, healthcare facilities, law enforcement, government services and agencies, and educational and financial institutions endangering public safety and interrupting economic activity.

"A threat to broadband infrastructure is a threat to our national security," emphasized Maria Popo, president and CEO of SCTE. "STRIKE ensures that executive-level visibility is directly connected to frontline realities. This coordinated approach is precisely what's needed to tackle this emerging threat decisively."

Rikin Thakker, chief technology officer and senior vice president of NCTA added that “This isn’t simply an industry issue; it’s a nationwide emergency. STRIKE will mobilize our collective strength, aligning policy advocacy with strategic operations to strengthen our efforts to protect America’s critical communications infrastructure."

The NCTA said it is is leading important efforts in addressing these criminal threats to broadband infrastructure through its expertise in public policy and advocating for federal legislation such as H.R. 2784-- Stopping the Theft and Destruction of Broadband Act of 2025-- that would amend Title 18 of the U.S. Code to ensure that attacks on public and private networks are treated equally and carry appropriate penalties.

NCTA has also taken the lead in encouraging agencies such as the Department of Homeland Security and the Federal Bureau of Investigation to increase intelligence sharing, treat these infrastructure attacks as domestic terrorism when the facts warrant and allocate more resources to high incident regions.

The STRIKE Executive Forum draws senior executives from leading broadband operators including, but not limited to, Comcast, Charter, Altice USA, CableOne, Cox, GCI, Mediacom and Rogers. Comcast’s Elad Nafshi, serving as chair, and Charter Communications’ Tom Monaghan, as vice chair, highlight the industry's unified commitment to strategic coordination and rapid response.

The participants described STRIKE’s core mission as follows:

• Spotlight broadband damage and destruction as a top-tier national security threat.
• Facilitate intelligence sharing to quickly identify and mitigate emerging threats.
• Integrate policy advocacy, technical standards and operational protocols into a cohesive national defense strategy.
• Establish clear, unified communication with government stakeholders.

STRIKE said that it will leverage SCTE’s operational expertise to surface cross-operator insights that strengthen broadband resilience. For decades, SCTE has set essential industry standards that help providers assess business impacts, gain secure access to incident areas, coordinate effectively with federal agencies, evaluate location-specific risks and maintain continuity and rapid recovery during crises.

STRIKE reported that it will hold its first strategic meeting at TechExpo25, SCTE's industry event, providing a critical platform for participants to set the strategic vision and drive immediate impact.

Senior broadband executives are urged to join this pivotal effort. For more details or to participate, contact strike@scte.org.

WASHINGTON—As expected, pay TV groups have filed objections with the Federal Communications Commission arguing that the agency should not eliminate ownership caps on broadcast station groups because it would harm the pay TV industry and raise prices for consumers.

In filings, the NCTA–The Internet and Television Association and the American Television Alliance (ATVA) also questioned whether the FCC had the authority to lift the ownership rules, arguing that only Congress has that authority.

The ATVA also cited research showing that further consolidation would not improve or expand local news and the NCTA downplayed the impact of the rules on broadcasters saying that “a broadcaster that takes full advantage of the UHF discount can reach 78% of the nation without running afoul of the cap.”

“Raising or eliminating the cap is beyond the Commission’s authority and would harm consumers by granting broadcast station groups additional leverage to demand even higher retransmission consent fees,” the NCTA said.

In a separate filing, the ATVA took a similar position concluding that the “ATVA believes that the FCC’s national television multiple ownership cap remains critical to competition in the market for retransmission consent. Consolidation poses a significant threat to consumers’ wallets. It would lead to higher retransmission consent fees and, in turn, increase the cost of service for MVPD subscribers. Accordingly, we urge the Commission to reject the broadcasters’ proposals to modify or eliminate these rules.”

More specifically, the ATVA argued that lifting the rules and allowing further consolidation would send the pay TV industry into a death spiral that would also severely harm broadcasters by reducing the money they get from subscriber fees.

“Modifying or eliminating this rule would lead to even more broadcaster consolidation, which would result in consumers paying even more for signals that are otherwise free over the air,” said the ATVA, which is backed by telcos like Verizon, major pay TV operators like Charter, the NTCA Rural Broadband Association, satellite providers Dish and DirecTV and others. “As broadcasters increase their national reach, particularly the larger ones with the highest retransmission consent fees (e.g., Nexstar), they obtain additional leverage in retransmission consent negotiations. This enables them to obtain higher rates for popular programming, carriage and payments for unpopular programming, and onerous non-price terms. MVPDs, in turn, pass at least some, if not most, of these increases along to consumers. The record evidence for this is overwhelming and broadcasters do not seriously dispute it….In the end, ownership deregulation will harm broadcasters by contributing to the vicious cycle of price increases and subscriber defections that is already underway. When higher retransmission consent rates oblige MVPDs to raise prices, subscribers defect—often to streaming services that do not carry broadcasters. This leaves broadcasters with revenue shortfalls, which they seek to remedy through even higher prices—causing more MVPD subscribers to leave for streaming services. Thus, in the long term, national ownership deregulation will not help broadcasters fix their `existential’ crisis.”

In its filing, the NCTA noted that “Commission data already shows that retransmission consent costs continue to rise substantially year over year under the current 39% cap. Retransmission consent revenue increased by 31% from 2019 to 2023 ($11.5 billion to $15.1 billion) and more than 135% when compared to 2015 levels ($6.4 billion)—despite MVPDs’ decline in subscribership. The Commission should not take action that would grant broadcast station groups even more leverage and compound these costs and resulting consumer price increases.”

The ATVA also to aim at the broadcasters claim that consolidation would strengthen their ability to expand local news coverage, a critical issue at a time when cuts in public media and the ongoing collapse of the newspaper industry are likely to further reduce sources of local news.

"Broadcasters argue that they need to consolidate in order to save local news," the ATVA noted. "They claim that, if they are permitted to consolidate, they will in turn “subsidize” expensive news operations. This claim is unfounded, and the Commission cannot reasonably rely on it. In 2021, we engaged Thomas Hubbard, a Professor of Economics at Northwestern University, to examine such claims, which he found could not withstand scrutiny. Professor Hubbard first explained that the evidence did not show that local news was in any sort of `crisis.' He found that the total number of hours of local news had increased between 2014 and 2019, even in smaller markets, regardless of consolidation. He also found that local consolidation did not lead to increased local news. No broadcaster has presented evidence showing that national consolidation inevitably (or even generally) leads to more local news."

"Any such evidence would, moreover, have to account for the fact that national consolidation can lead to duplication of purportedly `local' news across a station group’s stations," the group also contended. "Newsmax, for example, cited a study showing that the largest station groups are the most likely to rely on `outside' sources of content in their local newscasts. Other studies suggest a more mixed relationship between size and investment in local news. Newsmax points to debt-financed consolidation in the radio industry as having led to much less local news on those stations, and predicts that the same would happen here in the wake of further consolidation."

The full NCTA filing is here; the ATVA filing is here.

The Newsmax filing opposing lifting the ownership caps is here.

WASHINGTON and OVERLAND PARK, Kan. —The National Content & Technology Cooperative (NCTC) and ACA Connects have released new details about the 20th annual Independent Show which is themed “Reach New Heights” and will take place from Aug. 10-13, 2025, at the Salt Palace Convention Center in Salt Lake City, Utah.

“At NCTC, we’re not just talking about innovation—we’re making it real for our members. Whether it’s launching mobile or redefining content, our focus is on delivering actionable ideas that meet the moment,” NCTC CEO Lou Borrelli said. “This year’s Independent Show is about giving every member the information, tools, and connections they need to accelerate growth and stay ahead in our rapidly evolving industry.”

The 2025 Independent Show will focus on driving incremental revenue, innovating for the future, and deepening collaboration to meet the most pressing issues impacting NCTC’s nearly 700 and ACA Connects’ 500 service provider members. Themes include navigating the complexities of a hyper-competitive market, leveraging new technologies for growth, and adapting to shifting consumer behaviors, the organizers reported.

Key initiatives include NCTC’s turnkey solutions for launching mobile services, bundling with Broadband TV and insights from its AI Center of Excellence, a pilot program exploring use cases like smart chatbots, trouble ticket automation and predictive service planning.

In addition, ACA Connects is providing information that will support members in navigating the regulatory landscape, including the Federal Communications Commission’s sweeping deregulatory push, updates to the Broadband Equity Access and Deployment (BEAD) Program, state-level rate regulations, and potential reforms to the Universal Service Fund (USF).

“Our members are the champions of our industry for how they innovate to connect more Americans to reliable internet, video, and voice services,” said ACA Connects president and CEO Grant Spellmeyer. “At the Independent Show, we’ll be empowering them by leading discussions on the major regulatory shifts shaping broadband and telecom policy. Whether it is about changes to the BEAD program, the threat of rate regulation, or opportunities for permitting reforms, ACA Connects is here to cut through the complexity, advocate fiercely, and help our members move forward with confidence.”

Attendees can expect insights from expert-led panels, dynamic speakers, and interactive breakout sessions on topics such as:

• Programming, streaming, bundling, and customer retention strategies.
• Broadband innovation, including DOCSIS 4.0 and fiber.
• Mobile launch strategies.
• AI applications for customer experience and operations.
• Legal and financial readiness for AI adoption.
• The shifting regulatory and broadband funding landscape.
• Workplace culture and talent development.
• Strategic business growth through NCTC partnerships.

Keynotes on the show’s agenda include:

• Marci Rossell, former Chief Economist for CNBC— how inflation, tariffs, and funding uncertainty impact consumers for broadband and video providers.
• Craig Moffett, founding partner at MoffettNathanson—insights on fiber, FWA, video market shifts, and the major mobile opportunity.
• Evan Shapiro, Emmy-winning media cartographer—how media and tech disruption are redefining competition and convergence.

The Independent Show’s signature evening events are also back, organizers said, ranging from a themed welcome party on Sunday night to an unforgettable off-site adventure at Utah Olympic Park featuring the Flying Aces and Olympic medalist Shannon Bahrke.

In addition, an Aug. 9 preshow event for the Marketing Innovators Group (NCTC members only) will offer an interactive workshop with expert sessions on maximizing ROI and customer engagement, including:

• The New Marketing Mosaic: Shawna Suckow.
• Charting the Ascent: Designing the New Customer Journey: Melinda Russell.
• Activating Growth Mindsets in your Team: Susie Tomenchok.
• Ask the Experts , featuring leading broadband providers and fiber innovators.

The organizers also highlighted some upcoming events, including:

• Winter Educational Conference, Feb.16-18, 2026, in Las Vegas at the M Hotel.
• ACA Connects Summit, March -5, 2026, in Washington, D.C.
• The Independent Show, July 26-29, 2026, in Orlando, Fla.

For more information, visit: https://www.nctconline.org/ and www.acaconnects.org.

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.

The cable industry has told the Federal Communications Commission it supports the National Association of Broadcasters’ proposal to allow broadcasters to use software-based Emergency Alert Systems.

At issue is a petition from the NAB (PS Docket Nos. 15-94 & 22-329), filed at the end of March, to fast-track its request to allow broadcasters to transition from hardware-based decoders to software for emergency alerting. The association is asking for urgent action in part because hardware supplier Sage Alerting Systems, one of two hardware suppliers, has recently stopped production of devices and “the current legacy ecosystem is not sustainable.”

Digital Alert Systems, the other provider of hardware-based EAS systems to broadcasters, recently told the FCC that it thought the proposal is premature and highlighted unresolved issues related to cybersecurity, regulatory compliance and operational challenges associated with software-only EAS platforms.

NCTA–The Internet & Television Association, the trade group representing major cable operators, said “commendable steps” have been taken in recent years to upgrade alerting systems, including the use of the Common Alerting Protocol (CAP), a technology that helps improve clarity and provide more detail about emergency alerts.

“NAB’s proposal to permit EAS Participants to elect software-based EAS solutions may present the Commission with another opportunity to ensure that emergency alerting keeps pace with modern technology,” NCTA said in its filing. “Although NAB’s proposal discusses the use of a software-based EAS encoder/decoder in the context of broadcast station operations, such a solution may be of use to cable EAS participants as well.

“NCTA agrees with NAB that any such solution should not be directly exposed to the internet or be fully cloud-based," the association added. "This approach would be consistent with other software-based aspects of broadcast and cable network operations. NCTA also agrees that consideration of this issue is made more necessary by Sage Alerting Systems’ decision to cease production of its encoder/decoder device.”

NAB’s proposal has drawn support from SBE.

WASHINGTON—After nearly 15 years at the helm of the NCTA, Michael K. Powell has announced he will retire later this year from the cable industry-backed group, capping a long career of leadership in the cable and broadband industries that also included serving as the chair of the Federal Communications Commission.

“Michael has been an unwavering champion for our industry,” said Mark Greatrex, chairman of the NCTA Board of Directors and president of Cox Communications. “He has been our most gifted storyteller, representing us with passion and expertise. His strategic insight and commitment have shaped the cable industry’s most significant achievements, and his leadership will be greatly missed.”

“Serving this incredible industry has been deeply rewarding. NCTA is unique—working at the intersection of broadband innovation and creative video content has been an extraordinary experience. But above all, I have been fortunate to work alongside talented, committed, and caring colleagues,” said Powell.

During his tenure, Powell strengthened NCTA’s role in shaping public policy and guiding the broadband and entertainment industries through rapid transformation. Under his leadership, NCTA successfully championed policies that expanded broadband access, encouraged technological innovation, and advanced a competitive digital marketplace.

Prior to his tenure at NCTA, Powell served as chairman of the FCC between 2001 and 2005 during the George W. Bush administration, playing a critical role in shaping modern telecommunications policy. His expertise in technology, regulation, and industry evolution has made him one of Washington’s most respected figures, the NCTA said.

“His deep understanding of the regulatory landscape, coupled with his forward-thinking approach, has enabled our industry to thrive in an increasingly competitive and technologically complex environment,” Greatrex added.

The NCTA said that its board will begin a national search for Powell’s successor to ensure a smooth leadership transition and continued advocacy for the future of the internet and television industries.

In a statement, Chris Winfrey, president and CEO Charter Communications said: “Michael has been an exceptional champion of our great industry for the past 15 years - through both the substance of his leadership and talented communication skills. He has led the NCTA and our industry through a period of incredible growth and change, and adeptly navigated the many regulatory and legislative matters, allowing our businesses to best serve our customers’ connectivity needs. We wish him well and look forward to continuing our partnership with the NCTA.”

(Editor’s note: Nexstar Media Group, Sinclair and Hearst Television were contacted for comment for this article but declined.)

The Future of Television Initiative report, released in mid-January on advancing the transition from ATSC 1.0 to ATSC 3.0 has largely received praise from industry players, including many broadcasters and ATSC, but some have cast a wary eye or thrown shade not simply on the report but ATSC 3.0 itself.

Led by the National Association of Broadcasters, former Federal Communications Commission Chair Jessica Rosenworcel launched the initiative at the 2023 NAB Show. Its goal was to “establish a roadmap for a transition to ATSC 3.0 that serves the public interest,” Rosenworcel said at the convention.

What came out of the initiative was a report that was less of a road map and more of an airing of perspectives on the transition from a wide range of participants, all of which may one day inform FCC rulemaking.

“I think there was kind of this misperception among a lot of people that this [initiative] would solve all of the issues and everyone would come together,” Robert Folliard, senior vice president of government relations and distribution at Gray Media, said. “That was never going to happen, nor was it really the purpose.”

Rather, the document reported the conclusions of three working groups, one looking at issues related to backward compatibility, a second the conditions for completing the transition and a third at post-transition regulation.

Participants in each working group came from a diverse set of stakeholders. Among them were local TV broadcasters, broadcast groups and networks, representatives from low-power TV, satellite and cable providers, various trade associations, the Advanced Television Systems Committee (ATSC), consumer-electronics vendors, retailers and public-interest groups. The report not only presented consensus recommendations in each of the three areas but also summaries of participants’ perspectives offered on various topics upon which the recommendations were made.

“It [the report] was really just [a vehicle] to get everything out there, and I think it did a great job of that,” Folliard said. “It allowed everyone to stake out their positions, and to that extent, it was sort of mission accomplished.”

Creating the report also helped to educate many outside of broadcasting about ATSC 3.0 and the progress broadcasters, CE vendors and others have made, Pearl TV Managing Director Anne Schelle said.

“A lot of the entities were completely unaware of where NextGen TV stood,” she said. “Let’s go back six or seven years ago. They couldn’t understand and get their arms around even what NextGen TV was. They could never conceive of the fact that broadcasters would actually have launched [ATSC 3.0 transmission in] 76% of the United States, and on top of that, put out HDR and a cool application like the one [Start Over] from NBCU.”

Incremental Step
At the moment, the voluntary transition to ATSC 3.0 has created a “worst of all worlds” situation for broadcasters, Folliard said.

On the one hand, they cannot fully deliver all of the benefits of NextGen TV because of the FCC’s requirement to offer a substantially similar main-channel simulcast in 1.0, which limits how much TV spectrum can be devoted to 3.0 services. On the other hand, broadcasters must live with fewer potential 1.0 secondary channels than could otherwise be on air to accommodate the spectrum needed for 3.0. “That’s not a great place to be,” Foillard said.

The report addresses a possible sunset strategy in which the substantially similar requirement would be lifted. Doing so might enable a broadcaster to reduce its coverage footprint or enable the multiplexing of lower-resolution 1.0 channels to maintain legacy DTV service while freeing up additional spectrum for ATSC 3.0, ATSC president Madeleine Noland said.

“Right now, if you have a five TV-station partnership going where one stick is 3.0 and four sticks are 1.0, then the ratio is 80:20 in favor of 1.0,” she said. “If that could be reversed, then I think there could be a lot of great things broadcasters could do with 3.0.”

Not all broadcast participants favor lifting the substantially same requirement. “Ideally, any technological advancement or policy preserves viewers’ ability to receive the same content they receive today, both primaries and multicasts,” Kyle Walker, vice president of technology at Weigel Broadcasting, said. “If a technology change or policy makes it more expensive and harder to watch broadcast television, it would be challenging to support a transition.”

Weigel, which participated in the backwards compatibility working group, owns multiple diginets programmed as ATSC 1.0 subchannels by many broadcasters around the country, including MeTV affiliates in more than 200 markets.

“Antenna adoption is growing as free broadcast television is an attractive alternative and complement to pay TV and streaming,” he said. “Why make watching broadcast television more expensive and harder to watch for consumers?”

ATSC, which also participated in the backwards compatibility working group, valued the opportunity to explain why 3.0 is not backwards compatible, Noland said.

“It was important that ATSC was there to point out that ATSC 2.0 was a backwards-compatible system designed to bring many of the features that 3.0 brought,” she said. “We tried, but it was not a commercial success.”

“I think we were able to help people understand why the ATSC membership went in the direction of ATSC 3.0. The working group was important because it gave people the chance to revisit that history and see how it all fit together,” she said.

MVPDs
A major portion of the report was devoted to multichannel video programming distributors (MVPDs) and their perspective on carrying ATSC 3.0 signals. MVPDs expressed concern about several issues, such as the need to purchase new equipment and incur new costs to support 3.0, the need for the commission to update signal level requirements for broadcast signals delivered to principal headends, watermarking and other issues.

Responding via email to a request for comment on the report, Brian Dietz, senior vice president of strategic communications at NCTA–The Internet & Television Association, which represents the larger cable operators, underscored the role broadcasters must take in paying for the transition.

“We look forward to working with all stakeholders to ensure this process is consumer-driven and that neither consumers nor operators are unfairly made to bear the cost of the broadcast industry’s voluntary transition to a new technology,” Dietz said in the email.

Given the contentious relationship broadcasters and MVPDs have had over the years with respect to retransmission consent negotiations, it shouldn’t be surprising Dietz zeroed in on the expense of the transition, Gray’s Folliard said.

“You've got broadcast on one side and MVPDs on the other,” Folliard said. “You know, we don’t know what to do if we're not fighting each other. That’s just how it’s been for 30-plus years. It’s hard for us to see eye-to-eye on anything.”

However, not only do broadcasters recognize that a large percentage of their audience accesses TV via MVPDs, they also understand the importance of protecting retrans revenue. “We want to figure out the best way to make the pay TV experience as good as possible, because we obviously have a big stake in that with retrans revenue,” Foillard said,

“We want to make sure we're passing through as many [3.0] features to them and working with them, because they are incredibly important partners for us,” he said, pointing to the need to ensure 3.0’s AC-4 works on cable boxes as an example, and adding that ATSC and the Society of Cable Telecommunications Engineers (SCTE) have roles to play in ensuring compatibility.

ATSC has a broad membership that includes both broadcasters and MVPDs, who have delivered and “overarching message,” said Noland.

“We hear over and over again in ATSC discussions that the technology should not dictate the business conversations taking place at retrans negotiations,” she said. “For example, the watermarks—especially the audio watermark. There’s a notion that this is something that will be forced through MVPDs. But when the watermarks first were being drafted years ago, we wrote a recommended practice that says if you want to erase or replace the watermark, here’s how to do it.”

“We’re not here to get in the way of what you want to have conversations about from a business point of view, and that's always been true,” Noland said.

The report, which took more than a year to draft, represents a “snapshot in time” of where things stood as each of the working groups examined their respective topics, said Pearl TV’s Schelle.

While she acknowledges MVPDs raised important issues in the report, NextGen TV has moved forward and addressed many of them. “We’ve already progressed pretty substantially [in the intervening time from when work was ongoing and the report was released],” she said. “A year and a half later, you see big changes. Some of the questions raised are being answered in the marketplace.”

“That’s an effort we actually worked on first. What are the things we can actually bring—the features and functions—[that] solve some problems in the cable environment?” she asks, rhetorically.

Schelle points to the availability of low-cost 3.0-to-1.0 consumer converters as another example of a concern raised in the report that is being addressed. “There's lots of options for consumers that didn't exist when we went from analog to digital. In terms of upgrade accessories [3.0 converter dongles], I believe we will see sub-$20 solutions. They may not offer all of the benefits of NextGen TV; that’s the consumer’s choice. But you will be able to get basic over-the-air service.”

While the report didn’t offer a specific roadmap to an ATSC 3.0 future, it gives newly appointed FCC Chair Brendan Carr an important tool to advance the transition, Folliard said.

“This is a springboard,” he said. “It’s teed up for Brendan Carr for action coming out of the commission,” he said.

“Broadcasters need the same flexibility and ability to upgrade that’s been given to the wireless industry. With that you’re going to see a world-class broadcast system, just like our world-class wireless system,” Foillard said. “If we want local programming and local broadcasting to survive, we can’t be stuck in amber along with laser disc technology.”

In a letter to the FCC, NCTA – The Internet & Television Association told the agency that recent efforts to expand the number of non-English languages used in emergency alerts will produce technical and logistical challenges for cable operators. “The Draft NPRM [Notice of Proposed Rulemaking] does not accurately reflect the enormous technical and logistical challenges that its proposals would present for cable operators," the NCTA said. 

In January the FCC announced that it would vote in February on a Notice of Proposed Rulemaking that seeks to remove technical and logistical barriers associated with the translation of EAS alerts by creating templates or pre-scripted alert messages that have been pre-translated into non-English languages and prerecorded audio files. These messages can then be initiated by alert originators for distribution to the public by the TV and radio broadcasters, cable service providers, and other “EAS Participant” services that make up the EAS public alert distribution system.

The NCTA letter noted that members of its group from Charter, Comcast and Cox met with FCC staffers on Feb. 8 and 9 to express their concerns about the proposal. 

During the meetings, the “NCTA detailed that cable operators’ EAS and video architecture cannot currently support delivery of a variety of non-English language template alerts corresponding to the language of the program channel,” a letter to the FCC from NCTA dated Feb. 9 stated. “Any solution to enable such multilingual alerting on cable systems would require

much more than a simple software update to EAS equipment; rather, it would require significant, years-long efforts from industry and standards groups and substantial changes to the cable video architecture.”

In the letter, NCTA urged “the Commission to include additional questions in the NPRM to address these complexities and help develop a full record on the feasibility of the proposals for cable operators. Specifically, we asked to include the following questions in the NPRM:"

• "In paragraph 16: We seek comment on whether EAS Participants that carry multiple channels have the ability to determine what language is being used on a particular channel at any given time. Do cable operators assign language descriptors to the programming they carry? For cable systems, can customer premises equipment indicate to EAS encoder/decoders the language in which an alert should be delivered to each customer?
• "In paragraph 16: How would the template model work for cable systems that force tune to deliver alerts, particularly in cases where the cable operator may carry channels in over 10-15 different languages?
• "In paragraph 30: We seek comment on whether, for EAS Participants that carry multiple channels, there is a risk that the language template corresponding to program content will conflict with individual customers’ language preferences, or, alternatively, that individual device settings will not match the language assigned to each channel.”

 The full letter can be found here.  

WASHINGTON—For several years now cable operators have been arguing that the FCC needs to recognize the shift in children's video consumption from "'traditional linear television' to unregulated online programming," and deregulate accordingly.

The 1990 Children's Television Act set limits on ads in children's programming and the FCC in 2004 limited the display of website addresses during children's programming.

NCTA told the FCC this week, as it did back in 2018, that it was time to eliminate those restrictions.

Also: FCC's O'Rielly Says Kids TV Rules Have Not Produced Great TV

In a July 1 filing, in response to a request for comment on the FCC's upcoming report on the state of competition in the communications marketplace, NCTA said that video competition among MVPDs is "vibrant," and video regulation should reflect that.

It said that means that Congress' concerns--some 30 years ago--about a lack of competition to cable and potential anticompetitive conduct by cable--have been obviated by that robust competition, including from over-the-top video providers like Netflix.

NCTA suggested that children's regulations imposed on cable (and broadcast) but not over-the-top "artificially distort and suppress the proconsumer benefits of competition."

"[E]ntities that compete in the provision of like services should not face different public interest or customer service obligations, which is both arbitrary and capricious and skews the marketplace," NCTA said. "For example, the Commission should take a fresh look at its children’s television advertising rules, which should at the least be revised consistent with NCTA’s prior recommendations. None of the new online video providers that target children—such as YouTube, Netflix, and Amazon—are
burdened by FCC restrictions on advertising. This disparity negatively impacts competition in children’s television programming. This is particularly detrimental given that cable networks have invested countless hours and billions of dollars in developing trusted brands that serve the programming needs of parents and children."

And while not calling out program access and carriage regs by name as some others in need of jettisoning, NCTA might as well have. "[T]t is time for regulations premised on a lack of competition in the video marketplace to be repealed," NCTA also told the Commission in its advice on the upcoming competition report. 

This article originally appeared on TV Tech sister brand B+C.

WASHINGTON—Cable operators are telling the Federal Communications Commission to vigorously defend its conclusion that it can open up the 6-Gigahertz band to unlicensed mobile indoor WiFi without causing harmful interference with broadcast electronic newsgatherers (ENGs), which also use the band.

NCTA-The Internet & Television Association told the FCC in comments that broadcasters had not provided any credible evidence of harmful interference to mobile indoor operations. “The commission can easily dispel [the National Association of Broadcasters’] concerns,” it said, encouraging the regulator “to do so promptly to ensure that American consumers can benefit from the panoply of innovative services and applications that unlicensed access to the 6-GHz band will make possible.”

The U.S. Court of Appeals for the D.C. Circuit in December upheld most of the FCC’s decision, but did say the agency had not sufficiently responded to a request from broadcasters that it reserve a sliver of the band exclusively for mobile licensees due to potential interference. It asked the FCC to make a better case.

NCTA's comments were in response to that court remand.

Petitioning the court to reverse the FCC’s decision were AT&T, Lumen Technologies, electric utilities, the Association of Public-Safety Communications Officials International (APCO), and the NAB.

Broadcasters had argued for protecting ENG crews already using the band by reserving an 80-MHz sliver for them, saying there was too much risk of harmful interference to that ever-more-crucial service in a time of pandemic.

But FCC engineers concluded that the band could be shared and ENG (and utility companies) protected with the conditions the agency had imposed. All of the commissioners agreed, but at least on the point of a sliver for mobile licensees, the court did not.

NCTA said the FCC should be able to assuage the court's concerns given what it calls the “insignificant” risk of harmful interference. 

Pearl TV, the consortium of TV stations advancing NextGen TV, took aim at cable operators in a meeting with FCC Commissioner Nathan Simington.

That is according to an FCC document on the meeting.

Pearl was pitching a National Association of Broadcasters petition to clarify the application of the FCC's ATSC 3.0 (NextGen TV) rules to multicast streams. Those are the extra channels broadcasters got in the switch to digital.

"The proceeding is a narrow, technical one, that clarifies broadcasters can partner with each other to enable hosting of multicast streams (as only primary streams are addressed in the current ATSC 3.0 rules), and that multicast streams can be transmitted in either ATSC 1.0 or ATSC 3.0, without a simulcast requirement," Pearl TV said. "Comments and reply comments are in, and they show remarkable consensus that the FCC should adopt the core principles of the proposed rule. The Commission should disregard self-serving comments that clearly do not seek to benefit the public, such as the limitations on the number of multicast streams that ATVA and NCTA are asking the Commission to impose or to turn this proceeding into a relitigation of the debate on retransmission consent."

Back in November 2021, the FCC tentatively concluded that NextGen TV broadcasters -- ones with signals in the ATSC 3.0 standard -- should be granted a sublicense of sorts to allow them to contract with another “host” station or stations to carry their simulcast multicast streams, whether that is in ATSC 3.0 or the current 1.0 format.

The FCC is allowing stations to partner on distribution arrangements so that broadcasters can continue to deliver a primary TV station signal stream in ATSC 1.0 given that ATSC 3.0 is not backward compatible with current sets.

The National Association of Broadcasters, in that petition for declaratory rulemaking, wanted the FCC to declare "that various multi-station arrangements for hosting and originating multicast streams in ATSC 1.0 and 3.0 are OK."

But cable operators represented by NCTA-the Internet & Television Association, want the FCC to limit the number of multicast streams a station can host for another station.

In addition, the American Television Association (ATVA), which comprises cable and satellite operators and others, says the FCC should explicitly prohibit non-simulcast multicasting to become de facto affiliation swaps that "either created new local duopolies, automatically raised retransmission consent prices, or both." Currently FCC rules do not prevent two top-four network affiliated station signals being delivered by one station owner if they are multicast fees."

ATVA told the FCC that "just as the nonsimulcast multicast regime should [not] become a new tool to evade the local media ownership rules generally, it should not become a tool to evade the affiliate-swap rule more specifically." ■

LENEXA, Kan. and REDWOOD CITY, Calif.—The National Cable Television Cooperative, Inc. and Qwilt have announced a joint initiative to upgrade NCTC member networks across the United States with Qwilt’s CDN technology and services based on Open Caching.

“In an ever-changing business climate, it’s important for NCTC to bring cutting edge supplier partners to our members and Qwilt is just that," said Lou Borrelli, CEO NCTC. "Qwilt’s unique Edge Cloud Platform and Open Caching software will help our members address the dramatic growth of streaming media on their networks and position them for their current and future customer needs.” 

NCTC and Qwilt are offering this CDN upgrade to qualifying NCTC members. The upgrade includes Qwilt-provided CDN hardware installed in NCTC member networks as well as Qwilt software and cloud services. 

Qwilt’s CDN service offers open APIs to content publishers so every NCTC member that deploys this solution will be federated together by Qwilt’s cloud service into a unified CDN, making onboarding for content providers simple. 

Major content providers have already expressed their support for Open Caching as an attractive model for content delivery and a solution they will use to meet their content delivery requirements in NCTC member networks, the companies said. 

Qwilt’s innovative model for content delivery, taking hold with service providers around the world, is based on Open Caching which was developed by the Streaming Video Alliance through a multi-year collaboration across the streaming ecosystem. 

Qwilt’s solution has already been deployed by major service providers around the world and has been operational for many years, providing high quality delivery of content for some of the world’s largest streaming platforms.

“NCTC’s goal is to bring the most impactful technology solutions and offers to our membership,” said Jared Baumann, vice president technology innovation at NCTC. “Our strategic partnership with Qwilt will not only help our members to deliver content in the most efficient mannor, but it also turns the tables by allowing our operators to now monetize the traffic that their networks are carrying.”

“The way we consume video has changed, and content delivery must change with it,” added Alon Maor, CEO and co-founder of Qwilt. “Our shared vision is to help NCTC members enable Open Caching in their networks as a core component of their broadband infrastructure. Together with NCTC, we will help their members establish a content delivery platform that will serve as a foundation for today’s applications and new experiences coming in the future.”

The National Cable Television Cooperative, Inc. (NCTC) is a Kansas-based, not-for-profit corporation that operates as a programming, broadband solutions and hardware purchasing organization for its member companies serving 40 million broadband and video customers throughout the U.S. and its territories. It represents more than 700 independent cable and broadband operators across the U.S., in programming and technology acquisition.

WASHINGTON—Set-top boxes will soon be saving even more energy than in recent years thanks to an extension of an agreement between the Consumer Technology Association and the NCTA—The Internet & Television Association (NCTA).

The “Voluntary Agreement for Ongoing Improvement to the Energy Efficiency of Set-Top Boxes” agreement, which was initially signed in 2012, has been extended through 2025. As part of the agreement, new and stronger energy-efficient commitments will be put in place starting in 2019.

At the end of 2019, CTA reports that the agreement has saved consumers $7 billion in energy costs and avoided 39 million metric tons of CO2 emissions. By the end of these extended terms, it is projected that the total energy uses by set-top boxes in the U.S. will be only a third of the energy used by set-top boxes in 2012.

This latest extension of the agreement places emphasis on IP set-top boxes. The maximum power levels for IP non-DVR set-top boxes will be cut by an average of 43% from 2021 levels, per CTA. The Natural Resources Defense Council, NRDC, estimates the new set-top boxes that will be rolled out in 2023 will use around 20% less energy, what it calls “great incremental progress.”

“The ongoing incremental energy efficiency improvements by the pay-TV industry and set-top box manufacturers translate to a very satisfying trifecta—reduced energy use, avoided carbon emissions and lower customer utility bills,” said Noah Horowitz, senior scientist at NRDC. “Going forward, we anticipate many customers will be able to get rid of their set-top boxes entirely and access content directly through an app installed on their TV, which will lead to even greater savings.”

Multichannel pay-TV providers, manufacturers and energy efficiency advocates are signatories of the agreement. This includes AT&T/DirecTV, Comcast, Charter, Dish, Verizon, Cox, Altice, Frontier, CommScope, Technicolor, NRDC and the American Council for an Energy-Efficient Economy. CableLabs also aids with research and developing the energy efficiency strategies.

“The phenomenal progress we’ve seen in energy and cost reduction due to this voluntary agreement is a testament to what can be accomplished through private sector initiative and collaboration,” said Doug Johnson, vice president of technology policy, CTA. “We applaud the signatory companies for their commitments and engineering accomplishments, the energy efficiency advocates for their contributions and oversight, and the policymaking community for giving us the time and space to develop, launch and expand this agreement.”

WASHINGTON—A wide swath of television, film and sports production organizations—including NAB and NCTA - The Internet & Television Association—are working together to push for pandemic risk insurance that will help get the production industry back to normal. A joint letter from the coalition was sent to the House Financial Services Committee ahead of a hearing taking place Nov. 19 on pandemic insurance.

The “Insuring Against a Pandemic: Challenges and Solutions for Policyholders and Insurers” hearing is expected to examine the issues related to business insurance that has impacted production across the TV, film and sports industries.

When the pandemic hit in March, a significant amount of productions were halted and insurance needed to resume production ceased to be available, according to the coalition. The group says that production cannot restart on a widespread basis in the U.S. without protection from the ongoing pandemic risks.

“The ability of American businesses to secure pandemic risk insurance will be a key factor to America’s economic recovery and getting our workers back on the job,” the coalition wrote.

In its letter, the coalition supports legislation that was introduced by Rep. Carolyn Maloney (D-N.Y.) and ask that Congress move quickly to pass bipartisan legislation that would create a public private insurance solution where the government would share the financial risk of losses related to pandemics so production can resume. The coalition believes this would protect jobs and reduce economic damages from pandemics.

“Working with you in a bipartisan fashion to enact pandemic risk insurance legislation is a top priority,” the coalition wrote.

In addition to NAB and NCTA, the coalition includes the Motion Picture Association, the Independent Film & Television Alliance, the International Alliance of Theatrical Stage Employees, NASCAR, the NFL, the Directors Guild of America, the Producers Guild of America, NPACT and SAG-AFTRA. They say they represent more than 2.5 million jobs across the country and $200 billion in annual wages.

WASHINGTON—New broadcast internet services should be subject to the same rules as traditional broadcast television licensees, the NCTA—The Internet & Television Association told the FCC. All efforts should also be taken to protect cable operators’ service from derogation from these new ancillary services.

NCTA filed these comments as a response to the FCCs’ Notice of Proposed Rulemaking regarding broadcasters’ ancillary and supplementary services.

In June, the FCC voted to help promote broadcasting as a new ancillary/competitive broadband service by not having legacy broadcast TV attribution and ownership regulations to broadcast-delivered internet services, termed broadcast internet services.

With the deployment of ATSC 3.0 currently underway, this would cover new services and technologies that the next-gen standard can support beyond those for TV. While NCTA stresses that it is not opposed to such innovation, it does want the FCC to ensure that it protects the public interest by promoting regulatory parity between traditional and new services. The association’s comments outline a number of ways to do this.

First, to ban joint negotiations for carriage of broadcast internet services, like joint negotiations were banned between non-commonly owned top-four stations. The FCC and Congress ruled that such practices could result in unfair costs to consumers. NCTA believes that joint negotiations for broadcast internet would lead to the same problems and therefore should be held to the same standard.

The NPRM also attempts to address what fee should be assessed to these new ancillary services, even posing the question of whether there should be no fee so as to promote new services. NCTA opposes this idea, saying that “there is no policy or legal justification to depart from the statutory standard” of fees of 5% gross revenues. Any reevaluation of the fee must be based on an economic study of the auction value of relevant spectrum after an ancillary service is launched, NCTA argues.

NCTA also seems to align similarly with an argument raised previously by ATVA about protecting broadcasters primary service over ancillary ones. In response to the FCC’s question on whether a broadcaster’s replacement of an HD offering with an SD one to deploy ancillary services should be deemed a derogation, NCTA’s answer is yes and believes that such action should be prohibited.

In addition, NCTA believes that there should not be exemption of ancillary services from analogous service rules even if they are “de minimis” operations—services provided only an hour each day or no more than 48 hours a month.

“[T]he commission should take steps now to ensure that the rules governing ancillary and supplementary services—whether provided using ATSC 3.0 or ATSC 1.0—are consistent with the statutory language and advance Congress’s and the commission’s public interest goals,” NCTA concludes.

The full comments are available through FCC’s ECFS. 

WASHINGTON—With the C-band auction less than four months away, the NAB and NCTA are voicing their support for earth station operators that would be impacted by the planned relocation and asking the FCC to lend them a hand.

The FCC recently finalized its procedures for the C-band auction, which will see cable operators and broadcasters in the lower 300 MHz band of the C-band transition to the upper 200 MHz to make room for wireless services and the development of 5G. This includes identifying which earth station operators will be able to receive reimbursement from FCC funds for their transitions.

However, in a recent teleconferencing meeting with Nick Degani from FCC Chairman Ajit Pai’s office, the NAB and NCTA voiced their concerns for earth stations that were ruled not eligible for reimbursements because of failure to complete certain procedural requirements that were mostly based on misunderstandings.

Among the errors was a misunderstanding that some incumbent earth stations had to certify accuracy of information for earth stations that were already properly registered before C-band proceedings began, while other stations did not realize they had to register each individual antenna at a collocated site.

NAB and NCTA call these “good faith” errors and request that these stations be given the opportunity to correct their errors and be registered properly.

“This is critical both to ensure that content delivery can continue without disruption during and after the transition and to meet the commission’s promise that ‘incumbent space station operators continue to be able to provide substantially the same or better service to incumbent earth station operators, and that incumbent earth station operators continue to be able to provide substantially the same service to their customers,” the NAB’s summary of the meeting reads.

One of these earth stations that was left off the eligibility list, Cunningham Communications, similarly asked the FCC earlier this week if it could have its registration reviewed.

WASHINGTON—The opening of the 6 GHz band for unlicensed use continues to be debated, with NCTA—The Internet & Television Association and New America’s Open Technology Institute filing separate comments to the FCC asking that petitions for reconsideration from CTIA, Verizon and Fixed Wireless Communications Coalition be dismissed or denied.

The FCC approved in April that the 6 GHz band, which is currently used by broadcasters and utility companies, would be opened to unlicensed device operation, including low-power indoor devices, in an effort to further develop 5G.

CTIA, Verizon and FWCC have all filed petitions that make the case the order does not properly protect incumbent users; CTIA specifically cites the approval of low-powered indoor and outdoor use without automated frequency coordination. Similarly, but not directly related to these petitions, the NAB and the Utilities Technology Council have each sued the FCC over the order.

NCTA and OTI make the argument that the Wi-Fi advantages that the 6 GHz band would provide are necessary.

“The need for unlicensed spectrum for Wi-Fi and other unlicensed services has reached an inflection point,” NCTA wrote. “Additional unlicensed spectrum is essential to support new and innovative services, like Wi-Fi 6, that can benefit rural communities and communities of color, and to meet the voracious demand for internet connectivity that is more important now than ever.”

NCTA believes that the process that the FCC undertook to determine the amount of interference that would take place for incumbent users took care of all concerns.

According to NCTA and OTI, none of the petitions bring forth new evidence or arguments that would justify reconsideration of the FCC’s order, and therefore the commission does not have to consider them. The two groups say that the FCC should dismiss or deny on merits these petitions.

Tech companies, including Facebook, Apple and Google are also urging the FCC not to reconsider its order, as reported on by TVT's sister publication Multichannel News.

The full NCTA and OTI comments are available through FCC’s ECFS. 

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—In a filing summarizing a meeting on the FCC’s C-band cost estimates and expanded use of the spectrum, media executives from a range of broadcast and cable operators highlighted key questions they have about the FCC’s current cost catalog plan, as well as the potential impact the coronavirus pandemic may have on it.

The FCC released an initial estimate of the cost of space and Earth station operators transitioning out of 300 MHz (280 MHz of spectrum plus a 20 MHz guard band) of the C-band satellite spectrum for 5G development earlier this week, and subsequently issued a call for comments.

Following a meeting held on April 28 regarding this, NCTA—The Internet and Television Association filed a summary on behalf of a group that also consisted of executives from the likes of NBCUniversal, ViacomCBS, Disney, NAB and more.

The group highlighted the importance of the FCC establishing a lump sum payment amount for Earth station operators that would take into account things like professional services, hardware and software, as well as cost impacts that may occur from supply chain disruptions because of COVID-19.

Other issues regarding reimbursement that were discussed in the meeting included timing of reimbursable costs, who is entitled to reimbursements, planning in the case of overlay licensee default, transition issues and transportable/occasional use Earth stations.

There was another issue beyond the cost catalog discussed during the meeting, like special temporary authorities for earth stations to access the 3.7-4.0 GHz spectrum being sold for live event production, including live sports.

The group argued that given tens of thousands of live sporting events are produced each year that rely on transportable/occasional use of the C-band, the FCC should establish a framework to accommodate this need, proposing a few that they say would not threaten 5G service or the C-band transition—“since any program network use of the 3.7-4.0 GHz spectrum would be on a secondary, non-interfering basis, and would be downlink only, new wireless services would not be harmed,” the group said.

PLUS: C-Band Auction Still on for December, FCC Says

Among the possibilities put forth by the group was establishing a “deemed granted” regime for STA applications that satisfy certain objective requirements, or the FCC could grant a blanket waiver on a limited basis for only secondary, non-interfering occasional use by programming networks at live sporting events for limited durations of time.

“Any of these paths would serve the public interest by ensuring that programmers can continue to produce high quality, on-location sports programming that American viewers love, without inhibiting the rollout of 5G or the transition contemplated  by the Report & Order,” the group said.

The entirety of NCTA’s comments are available online. 

WASHINGTON—NCTA—The Internet & Television Association has unveiled a new resource to monitor the weekly growth of internet traffic and how cable broadband networks are responding during the coronavirus pandemic with the new COVID-19 Internet Dashboard.

Internet use has been up as people are self-quarantining at home, but because of travel and gathering restrictions, internet connection is more important now so people can work and communicate.

The COVID-19 Internet Dashboard features aggregated data from cable internet service providers and shows a depiction of how cable broadband networks are faring. The Dashboard will show growth and performance for both upstream and downstream traffic on a national and state-by-state basis.

NCTA will specifically measure the growth of traffic at the peak period of usage from week to week. 

“Regardless of how peak hours may shift, cable broadband networks continue to offer robust performance and cable ISPs and working hard to ensure that the network continues to perform well even with these changes in patterns and increase in usage,” the NCTA wrote.

The NCTA also says that individual households can best use of their broadband to help with the country’s response to coronavirus. It points to home network tips that the FCC released for some examples.

“While no consumer is immune from issues arising from temporary congestion in the home or across the internet, cable ISPs will continue in their efforts to plan for future demand and move swiftly to address issues when they arise, even in the midst of this pandemic,” NCTA wrote.

PORTLAND, Maine—A Maine federal district judge has upheld a state law requiring cable operators to place public educational and government channels (PEG) in the basic tier and on lower channels in the vicinity of broadcast stations.

The law also requires cable ops to put the channels in program guides and retransmit them in HD if they are originated in HD. There was also a buildout requirement that operators "extend cable service to areas that have a population density of at least 15 residences per linear strand mile."

NCTA-The Internet & Television Association had challenged the law and was understandably unhappy with the decision.

“We are disappointed with the court’s ruling," NCTA said in a statement. "We continue to believe that Maine’s burdensome network build-out and PEG requirements conflict with federal law and should be preempted, and that the PEG mandates independently violate cable operators’ First Amendment rights. We are reviewing the ruling and considering next steps.”

In her decision, U.S. District Judge Nancy Torresen said that while there might be cases where PEG franchise requirements raise constitutional issues, this was not one of them. "[T]he Plaintiff has not met its burden of showing that the State’s PEG provisions infringe on cable operators’ First Amendment rights," she ruled. Instead, she said, "the State simply seeks to put PEG channels on equal footing with the vast majority of other channels" and to channel placements they had held before.

She said she agreed with the state that the PEG channel mandate was a consumer protection law and within its police power to respond to consumer complaints.

"The State, by requiring that PEG channels be placed near the local broadcast channels and on the basic tier, is exercising its police power to ensure that the PEG channels—considered vital to an informed citizenry—are widely and easily accessible," she wrote. "Anyone who has missed the first 10 minutes of a television program because she was scrolling through the channels in search of it knows that the process can diminish the quality of the viewing experience. As such, the channel placement requirements qualify as consumer protection."

As to the buildout requirements, the judge held that "because Maine’s municipal franchising authorities derive their power from the State, the Maine Legislature has the right to dictate the terms of municipal franchise agreements, including line extension requirements."

She did not say that all such extension requirements would necessarily be reasonable, but also said they were not all de facto unreasonable, as NCTA had argued, adding that cable ops could challenge such extensions on a case-by-case basis based on the individual fact record.

WASHINGTON—The FCC is clearing up some confusion that came about in its order denying a request for stay of its cable franchise fee deregulation decision, removing two sentences that it ruled could be misinterpreted as permission for local franchising authorities to “enforce unlawful franchise provisions.”

 NCTA—The Internet & Television Association filed a petition with the FCC specifically related to these two sentences in paragraph 21 of the FCC’s Stay Denial Order: 

•  “The rules in the [Third Report and Order] did not supersede provisions in existing franchise agreements on their effective date”; and 
•  “[i]f negotiations fail, the terms in the franchise remain in effect unless and until a cable operator challenges those terms and proves that the terms violate the [Third Report and Order’s] requirements.” 

Upon review, the FCC agreed with NCTA’s petition that these sentences conflicted with the order’s directives and required procedures that were not mandated by the commission, and instead parties should adhere to the order’s recommendations for negotiations within 120 days. It also stated it disagrees with NATOA that removing these sentences undermines the FCC’s reasons for denying the stay petition.

“[W]e find, in accordance with the Third Report and Order, that the LFA and the cable operator have a reasonable period of time to renegotiate the franchise argument, which in most cases is 120 days,” the FCC writes. “If negotiations fail, the cable operator and the LFA can continue to rely on the processes and remedies that may be contained in their franchise agreement or that are otherwise available.”

The full order of reconsideration is available online.

WASHINGTON—The FCC has acquiesced to requests from the NAB and NCTA-The Internet & Television Association to shift the comment deadlines for the proposed rules for live closed captioning by a month. The deadlines, which were previously set for Sept. 13 and Spet. 30, are now set for Oct. 15 for comments and Oct. 30 for reply comments.

NAB and NCTA filed a motion to extend the deadline on Aug. 26 because of a conference that is scheduled for Oct. 2 between the associations and the deaf and hard of hearing community, arguing the extension would allow them “to prepare comments that reflect closed captioning quality discussions” during the conference.

The FCC found that the NAB and NCTA showed good cause for the extension that would serve the public interest.

WASHINGTON—The National Association of Broadcasters and NCTA-The Internet & Television Association have asked the FCC to extend the comment and reply deadlines on the FCC’s proposed rules for live closed captioning by one month.

Comments are currently due Sept. 13 and replies are due Sept. 30; the organizations are asking the deadlines be moved to Oct. 15 and Oct. 30, respectively, citing an upcoming conference between the associations and the deaf and hard of hearing community, Oct. 3.

“We request an extension to provide both industry and advocacy organizations time to prepare comments that reflect closed captioning quality discussions that will take place during an upcoming conference among NAB, NCTA and representatives of deaf and hard of hearing advocacy organizations on Oct. 2, 2019,” they said.

[Read more: FCC Debates Evolution of Live Captioning for News]

“We plan to discuss at the upcoming meeting the full range of current policy issues and technical developments regarding closed captioning, including many of the issues raised in the Petition,” they continued. “We intend to address the Commission’s best practices approach to ensuring captioning quality, consumers’ views of live captioning and the progress of the Disability and Rehabilitation Research Project study of captioning quality metrics. We also plan to discuss emerging closed captioning technologies such as automated speech recognition, which is critical to the instant Petition.” 

WASHINGTON—Cable operators are looking to merge into the 5.9 GHz spectrum, a space that has typically been set aside for connected cars.

The request came in a meeting between NCTA—The Internet & Television Association, Comcast and Charter and FCC Chairman Ajit Pai’s legal advisor Aaron Goldberger where they said it was time to take a “fresh look” for the 5.9 GHz band.

As the FCC looks to free up more spectrum for 5G, one such area has been the 5.9 GHz band. The commission is proposing that potential users share it with the incumbent vehicle-to-vehicle license users, which typically use it for communications between cars, a point of contention for car companies that are against sharing the spectrum.

The FCC wants to know if opening up the spectrum is feasible. Chairman Pai said in a speech to the Wi-Fi World Congress that the commission should look into new ways of utilizing the spectrum, and tests have been conducted that concluded that Wi-Fi devices could coexist with dedicated short-range communications (DSRC), which is a technology that vehicle-to-vehicle communications could use, though they are also looking at app-based communications.

Members of Congress from both parties said in June that they were open to the FCC reviewing the 5.9 GHz spectrum.

WASHINGTON—The FCC today voted to update the way broadcasters notify multichannel video program distributors every three years about whether the pay-TV operators want to elect mandatory carriage or negotiate for retransmission consent.

Currently broadcasters are required to notify MVPDs of their election via certified mail, but new FCC rules would permit broadcasters to post their carriage elections online and notify the MVPDs by email only if they decide to change the election. The new rules, which were jointly proposed by the National Association of Broadcasters and the NCTA-the Internet and Television Association, also require all parties to post their contact information on the FCC’s public databases.

For public broadcasters carried over satellite, they could also dispense with certified mail and instead upload a request for carriage to their public files online; new requests for carriage by public broadcasters would be emailed to the Direct Broadcast Satellite (DBS) operators.

The FCC also passed a Notice of Proposed Rulemaking (NPRM) seeking comment on extending these rules to LPTVs and non-commercial translator stations that are not required to have a public database file, despite being subject to the commission’s carriage rules.

“NAB applauds the FCC for updating the notification process for carriage of local TV stations’ signals on pay-TV systems,” an NAB spokesperson said. “Allowing for a more limited set of carriage notices to be sent electronically rather than by outdated and expensive certified mail represents a smart approach to streamlining bureaucracy that has outlived its usefulness. We appreciate NCTA’s willingness to work with NAB to alleviate this regulatory relic and thank the FCC for its flexible approach to carriage elections.”

PBS and America’s Public Television Stations (APTS), likewise hailed the move.

“By simplifying and modernizing the satellite carriage election process for local public television stations to reflect the unique nature of public television, the FCC is helping ensure that public television stations are readily available to all Americans on whatever platform they choose,” they said.

More information is available in the NPRM (17-105 and 17-317).

LAS VEGAS—With wireless leaders breathlessly touting the emergence of the “fourth industrial revolution” about to be wrought by 5G at CES keynotes, some of the cable industry’s most high-profile figures convened here at the Four Seasons to gain a little marketing traction over their own newly concocted buzz brand, “10G.”

“No, we didn’t pick the name just because it’s twice as fast as 5G,” said NCTA president and CEO Michael Powell, who moderated the discussion that included CableLabs chief Phil McKinney, Cox Communications CEO Pat Esser and Comcast’s top technology executive, Tony Werner.

Related: Verizon CEO Vestberg Takes 5G Hype to 11 at CES

Indeed, Powell first publicly introduced the term 10G in October at the SCTE’s Cable-Tec Expo Show in Atlanta, identifying the need for the cable industry to gain attention for its 10-gig-capable Full Duplex DOCSIS standard at a time when the wireless industry was busy capturing the “optimistic narrative of the future” with 5G.

While he said the more conservative cable industry doesn’t want to be as “hyperventilating” as the wireless industry in touting Full Duplex, Wednesday’s relatively small, and buttoned up, panel discussion served as a means of bringing the cable industry’s operators and technology vendor partners together to launch the 10G branding campaign.

Certainly, the event was all about marketing. Full Duplex standards have already been developed and codified by industry technology consortium CableLabs.

“There’s nothing new that has to be invented” in order to deploy Full Duplex DOCSIS, which is capable of symmetrical delivering 10 Gbps speeds, McKinney noted. “Everything has been specified. Everything has been designed. The technical work has been done and proven.

McKinney said field trials of Full Duplex will begin in 2020—an assertion agreed with by Werner.

The U.S. cable industry is still only about 80% finished with deploying the current standard, DOCSIS 3.1-enabled 1 gig services. And actual customer uptake rates are still too low for them to disclose any numbers.

But with the term 5G festooning almost every other technology product at CES, and wireless operators building the narrative of a ultra-high-bandwidth, low-latency multi-gigabit network powering all sorts of applications that we’re not yet using, but are about to use, the pressure is suddenly on for cable to beat its chest a little about Full Duplex.

Esser, for one, conceded that the bombardment of 5G hype is going to accelerate Cox’s deployment plans for Full Duplex.

“Whether the customer is asking for it or not, we don’t want to be the second one at the door with the product,” Esser said. “And what goes on the floor at CES probably motivates me more than anything.”

Wednesday’s presser, produced by CableLabs, followed a cable-industry-wide series of corporate blog postings by cable industry operators, vendors and technology orgs, all announcing their support for the new 10G brand, which the NCTA has trademarked.

Powell told MCN that industry leaders are still discussing ways to put the brand in front of consumers—10G stickers on modems, perhaps?

Much of the work, he noted, will be on the lobbying end, with the NCTA working to make policy leaders in Washington just as aware of Full Duplex as they are with 5G. 

Sounding like broadcasters almost a decade ago facing the incentive auction and repack, cable operators are calling on the FCC to make sure incumbent services are protected in the commission's effort to open up more spectrum for wireless broadband.

That came in reply comments due this week on the FCC's proposal to open up the C-band (3.7 to 4.2 GHz Band) satellite spectrum for terrestrial 5G, one of many such spectrum band-opening efforts the FCC is undertaking in the race with China to be first with 5G.The FCC voted unanimously back in July to find ways to open up the C-band spectrum (3.7-4.2 Ghz) — either all of the proposed 500 Mhz or some portion of it — for terrestrial wireless use.

Those ways could include an incentive or capacity auction, a market mechanism where incumbents voluntarily strike deals to reduce their footprint, or some other means.

The C-band is currently used for satellite delivery of cable and broadcast network programming to cable head-ends, TVs and radio stations. The FCC wants to open it up to wireless broadband to help close the digital divide and promote 5G, both prime directives, so cable operators and broadcasters are on the same page when it comes to ensuring they are protected in the rush to 5G.

In its comments on the FCC's plan, NCTA said it needs to get more data about how those incumbent services are protected before it makes any final decision about modifying the band because it could "significantly disrupt the television content distribution ecosystem to the detriment of more than 100 million U.S. television households."

NCTA is particularly concerned about a proposal from the C-Band Alliance, comprising fixed satellite service operators who say their market-based proposal to negotiate secondary-market agreements for up to 200 MHz of C-band spectrum is the win-win solution the FCC is looking for.

NCTA sees it quite differently. “CBA’s incentives are to maximize their own profits, rather than to ensure that the amount of spectrum repurposed for terrestrial mobile use is socially efficient or to ensure robust protections for C-band customers and earth station operators," it told the commission. "Furthermore, those incentives may not align with policies designed to encourage competitive entry in either the marketplace for C-band satellite services or the marketplace for mobile broadband spectrum. The Commission should be wary of adopting an approach in this proceeding that could limit competition for spectrum in any portion of the C-band reallocated for flexible use. The unsupported assurances that the CBA proffers in its comments do little to allay these concerns.”

Whatever else the FCC does, says NCTA, it should do the following:

1. "The Commission should ensure there is no adverse impact on or disruption to any of today’s existing C-band services and that such services have room for growth, technological evolution, and requisite back-up capacity;

2. "Technical rules, validated by appropriate studies and testing, must fully protect earth station operators from harmful interference that could result from new adjacent mobile services and any new in-band fixed point-to-multipoint (P2MP) services;

3. "Earth station operators must be made whole for the costs that they incur in any transition to accommodate new services; and

4. "The Commission should retain its full-band, full-arc policy to accommodate the operational needs of 3.7-4.2 GHz earth station operators, including the flexibility to re-point antennas and change frequencies, sometimes on short notice."

NEW YORK--The Next TV Summit will be presented on Thursday, Nov. 1, at the Westin New York as the closing event for Future’s NYC Television Week. Multichannel News asked Joe Schramm, president of Schramm Marketing Group, and the producer of the Next TV Summit, what attendees can expect at this year’s event.

MCN: What’s the focus of this year’s Next TV Summit?

Joe Schramm: The Next TV Summit is about planning for what the business of TV and video will become by 2021. The industry is disrupted, and is more competitive and requires strategic decisions for what’s ahead. So, our theme is, “mapping for the future of TV & video.” We take a holistic view of the fresh growth opportunities throughout the industry where individuals and companies can successfully compete for customers, viewers and advertisers. There’s been more change in the industry in the last three years than the 30 years I’ve been here — I’ve never seen as much change as there is currently. It’s hard to keep up. In one single day, an attendee at the Next TV Summit can get a good understanding of how these changes affect their professional success in the next three years.

MCN: What topics are you addressing at the summit?

JS: We mix giants of traditional TV with leaders in nontraditional and digital media, data and technology. We address revenues and financial requirements needed for successful launches of new services, as well as identify how to select content in an environment of multiplying platforms like over-the-top, mobile, smart TVs, TV-connected devices, VR, and AR. There’s a panel on the shifting landscape of content distribution, and there will be two super sessions, one on technology and OTT and the other focused on marketing and advertising. In addition, there will be keynote discussions with leading executives from Google, Nielsen and NCTA–The Internet and Television Association, as well as a duo of interviews with former cable TV CEOs who are now reinventing and adapting their careers by innovating new businesses ready for tomorrow’s TV and video environment.

MCN: What are some highlights that attendees can expect at the Next TV Summit?

JS: The whole agenda is exciting, but some of the highlights include NCTA president and CEO Michael Powell, who will share where cable is leveraging new opportunities. Jen Koester of Google will focus on distribution models and Andrew McCollum of Philo discusses the “affordable” option for consumer access to video. There’s a unique set of back-to-back fireside chats about innovation, adapting and reinventing one’s self, featuring John Hendricks, the founder of Discovery Channel, and Jon Klein, former CNN president. The closing features a presentation of recent viewership findings from Peter Katsingris of Nielsen.

MCN: Who should attend this summit?

JS: Anyone who intends to still be working in the TV and video industry in three years, including managers and senior executives as well as newcomers from traditional media, new digital media platforms, technology, advertising, audience research and measurement.I would especially encourage women and people of color who want to be part of this business in 2021.

The Next TV Summit will be held Nov. 1 at the Westin New York Hotel, 270 W. 43rd St at Eighth Avenue. Doors open at 8:30.

To register, click here.

House Majority Whip Steve Scalise (R-La.) Monday (July 23) launched another effort at massive communications deregulation, one he has been pushing for most of a decade, so far without success.

Scalise has reintroduced a discussion draft of his Next Generation Television Marketplace Act, which repeals must-carry and retransmission consent rules and the compulsory license. That is the license that allows broadcasters to include nonlocal programming in their retrans deals without having to secure individual rights from national network and syndication rightsholders.

The bill would also "eliminate the government's role in defining the scope of programming exclusivity" and "codify the repeal of certain limitations imposed on local broadcasters that prevent them from adapting to today’s dynamic communications marketplace."

Like previous incarnations, the bill also includes eliminating the network nonduplication and syndicated exclusivity rules, as well as broadcast ownership limits.

[Read: Retransmission Overhaul Launched]

“Innovation tends to follow the path of least government resistance. For proof, look no further than the growth of online streaming services that are operating in a completely free market, while competing against other platforms that are regulated as if they were still monopolies from the 1990s," said Scalise. "My legislation will level the playing field so consumers can benefit from even more freedom in the video marketplace.”

Broadcasters wouldn't mind getting rid of more ownership restrictions, but getting rid of must-carry and retrans and network nondupe and exclusivity rules are nonstarters. The National Association of Broadcasters will strongly oppose the bill, according to an NAB spokesperson, as it has previous versions.

“Today’s media marketplace has never been more robust, with consumer access to broadcast programming on more platforms than at any time in history," said NAB EVP Dennis Wharton. "Unfortunately, the Next Generation Television Marketplace Act would undermine this great American success story. It would severely damage broadcasters’ ability to serve local communities and hurt tens of millions of viewers who rely every day on broadcast TV for news, entertainment and lifeline weather coverage."

But the bill has plenty of supporters.

"As the former president of an association of local TV stations, former president of network distribution for Fox, former president of the ABC Television Network, former executive VP of The Walt Disney Company and a former law professor, I write to strongly support House Majority Whip Steve Scalise’s Bill, The Next Generation Television Act," blogged Preston Padden, whose resume includes expert witness on the Hill for why the compulsory license should go.

"His Bill would repeal a steaming pile of outdated, conflicting and unnecessary government interventions into the market for distributing television programming," said Padden.

"The bill would at long last eliminate or substantially curtail legacy video regulations based on perceptions of the market in the early 1990s, or even earlier," said Free State Foundation President Randolph May. "If adopted, the NextGen TV Act would bolster free market competition and free speech in the video services market."

“The American Television Alliance, a voice for the TV viewer, commends Congressman Steve Scalise for his thoughtful leadership to reform and update America’s broken and outdated video laws," said the American Television Alliance, which has been advocating for major retrans reform in the face of what it says are skyrocketing broadcaster fee asks and blackouts. “The Next Generation Television Marketplace Act will jump-start and elevate a long-overdue conversation about modernizing the rules of the road for how Americans access and pay for video content. The legislation is forward-thinking, free-market oriented and pro-consumer."

"ACA applauds Rep. Scalise for introducing legislation designed to overhaul archaic media laws and policies," said ACA President Matt Polka. "The Scalise bill, to its credit, will prompt lawmakers and stakeholders to begin important conversations that should result in legislation next year that will truly serve the public interest."

“The regulations used to govern the video marketplace are out of date and no longer reflect the options and ways consumers obtain and view their content," said Verizon SVP Robert Fisher. "Congress should consider the changing technology enabled by a growing internet ecosystem as they create a new video marketplace framework....This legislation will begin the conversation to modernize our nation’s video policies as the marketplace responds to rapidly changing consumer demands.”

“Dish commends Rep. Scalise for his continued leadership on behalf of consumers," said Dish SVP Jeff Blum. "The broken retransmission consent regime is in dire need of comprehensive reform, and customers have been left paying the price through broadcaster blackouts and skyrocketing retransmission consent rates.”

“NTCA appreciates Congressman Scalise’s willingness to take on the difficult issue of updating video policy by introducing this legislation," said Shirley Bloomfield, CEO of NTCA–The Rural Broadband Association. "As consumer consumption of video continues to evolve, it is essential to examine video marketplace failures and consider updates to existing laws and regulations, especially in rural areas where many residents can’t receive broadcast signals. We look forward to engaging in this important discussion with Congress, and ultimately to the passage of legislation that will address the critical shortcomings in the existing rules governing this marketplace.”

“Charter applauds Majority Whip Steve Scalise for reintroducing the Next Generation Television Marketplace Act," the company said in a statement. "Congressman Scalise is rightly reexamining a broken system that has resulted in retransmission consent fees rising exponentially over the last decade. We look forward to working with him and his colleagues in Congress to reform the outdated rules and better protect consumers.”

Broadcasters and cable operators are on the same page when it comes to the FCC doing lots more looking before leaping into expanding terrestrial wireless access to the C Band spectrum.

That came in a joint filing that included the American Cable Association and NCTA-The Internet & Television Association, the National Association of Broadcasters and NPR.

They point out in a joint letter to the commission that video and audio programming delivered via the C Band serves 142 million Americans, representing what they called "the backbone of the infrastructure for delivering video content to American consumers.”

[Read: NAB, NTA Object To C Band Wireless Service Use]

The FCC sought input on the band as part of the MOBILE NOW Act requirement it produce a report on expanding access, as well as in its Notice of Inquiry on expanding use of midband spectrum.

To make the point that the FCC still has a lot of questions to answer, they listed more than 40 in their letter, including how interference risks would be mitigated if the band is repacked; how the FCC determines whether or not they will be effective; how big would the guard band between new wireless users and incumbent broadcast and cable users; how incumbents would be compensated if the band is repacked and spectrum auctioned to wireless; what costs would be reimbursed; and the veritable host of others.

The bottom line, they say, is that "much more information is required before the commission can make an informed decision."

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ATLANTA—At the SCTE-ISBE CableTecExpo 2018 Expo, cable TV leaders will outline how the cable industry is harnessing their organizations’ strengths to advance near- and long-term technology deployments that could help the industry maintain its leadership role amidst rapid marketplace changes.

Michael Powell, president/CEO of NCTA, Phil McKinney, president/CEO of CableLabs and Mark Dzuban, president/CEO of the Society of Cable Telecommunications Engineers and its global arm the International Society of Broadband Experts, will participate in the Opening General Session panel, "An Integrated Circuit: Closing the Links Between Innovation, Deployment and ROI.” The panel will take place Tuesday, Oct. 23, and will be moderated by Tony Werner, president, technology and product, Comcast Cable. Cox Communications President Pat Esser will keynote the Opening General Session. The 2018 Cable-Tec Expo runs Oct. 22-25. 

“The cable industry’s leadership in deploying new technologies has been a cornerstone of our mission to provide consumers with services that make their lives better,” said Powell, who served as Chairman of the FCC from 2001 to 2005 and an FCC Commissioner for eight years. “As technology continues to transform connectivity and entertainment, our organizations will lay the foundation for rapid implementation of next-generation products that will … meet consumer demand.”

According to McKinney, who joined CableLabs in 2012 after retiring from HewlettPackard, "When we look at the next 10 years, we see tremendous opportunities, not only for cable, but for cable’s impact on healthcare, education, automotive, and any industry that requires access to highspeed broadband.”

SCTE and ISBE claim their combined efforts have spurred development of training, certification and standards that have accelerated the time-to-market and ROI for products that are maintaining cable’s competitive edge.

Early bird registration for SCTE-ISBE CableTec Expo 2018 is now available.

WASHINGTON—The leadership at the Internet & Television Association (NCTA) will remain unchanged for the foreseeable future, as current President and CEO Michael Powell has been given a three-year contract extension.

Powell joined NCTA in 2011 and serves as an advocate, spokeperson and representative for the cable industry with Congress, the president’s administration, the FCC and other federal agencies.

Powell is a former chairman of the FCC under Bill Clinton and continued under George W. Bush until 2005.

WASHINGTON—In a sit down last week with FCC Commissioner Brendan Carr and Nirali Patel, acting legal advisor to the commissioner, Michael Powell, president and CEO of NCTA – The Internet & Television Association, made the case for ATSC 1.0 simulcasting to be a requirement as part of any planned rollout of the ATSC 3.0 next gen TV standard.

Powell made the case for what was described as “robust simulcasting requirements” from the FCC during any transition period in a voluntary ATSC 3.0 roll-out. Particularly, Powell brought up a requirement that the broadcaster’s ATSC 1.0 signal continue to be transmitted in the same format prior to the transmission of a companion ATSC 3.0 signal. This would allow consumers to receive HD signals without requiring the purchase of a new TV set that could handle ATSC 3.0.

NCTA also called for simulcasting requirements to be maintained until the FCC determines that they should be lifted. There was also a discussion that the FCC should make clear that it will scrutinize efforts by broadcasters to obtain premature carriage of ATSC 3.0 by “unreasonably withholding access to ATSC 1.0 signals.”

A vote on the voluntary roll-out of ATSC 3.0 is scheduled to take place on Nov. 16. The draft text of the order that will be voted on was released by FCC Chairman Ajit Pai and does not require broadcasters to continue to deliver HD. That draft is eligible to be changed prior to the vote.

NCTA Senior Vice President, Law & Regulatory Policy, Rick Chessen also took part in the meeting and filed an ex parte on it.

For a comprehensive list of TV Technology’s ATSC 3.0 coverage, see our ATSC3 silo.

WASHINGTON—For the first time in 65 years, NCTA will not be hosting an annual trade show, as its President and CEO Michael Powell has announced in a blog post that the association has decided to end the INTX: Internet & Television Expo. As a result, the previously scheduled INTX event for April 2017 in Washington will no longer take place.

This news comes a little more than a week after the association changed its brand to NCTA – The Internet & Television Association. This decision to end INTX events is another step in the association’s evolution, according to Powell. “In a space marked by innovation and disruption, an organization must have the courage to make more dramatic transformations if it truly wants to adapt and remain a leading voice.”

“We are now exploring new and better ways to tell our story, to gather our community, to advance our growth and present our vision of the future," continued Powell. "We believe large trade show floors, dotted with exhibit booths and stilted schedules have become an anachronism. Contemporary venues emphasize conversation, dialog, and more intimate opportunities to explore and interact with technology. Ending INTX gives us a clean slate and we are excited to explore presenting our industry in new and different ways.”

The INTX homepage will now showcase some of NCTA’s favorite memories, and the association encourages former attendees to do the same on the INTX Facebook page.

WASHINGTON—NCTA President and CEO Michael Powell has announced a new name for a new era in the broadcast industry for his association. The new brand, NCTA – The Internet & Television Association, offers a better reflection of the makeup of the industry and the consumer services NCTA’s members deliver, according to the association’s official press release.

“Modernizing our brand injects a new sense of excitement into our effort to represent an industry that is America’s largest and fastest home internet provider and the creator of the world’s best television content,” said Powell. “Just as our industry as our industry is witnessing an exciting transformation driven by technology and connectivity, NCTA’s brand must reflect the vibrancy and diversity of our members. While our mission to drive the industry forward remains the same, our look now reflects a renewed proactive and energized spirit.”

In addition to the new name and logo, NCTA has launched an updated website, social properties, and created a new brand promise video. For more information, visit www.ncta.com.

WASHINGTON—American’s Public Television Stations and Public Broadcasting Service announced on Sunday, Feb. 21, the renewal of the 2005 Public Television Digital Cable Carriage Agreement with the National Cable & Telecommunications Association. With this renewal, local public TV stations’ multicast digital programming will be carried on cable systems that serve the majority of the nation’s cable subscribers.

“We are extremely pleased that this critical agreement has been renewed,” said Paula Kerger, PBS president and CEO. “Cable carriage is an indispensable part of reaching the American public, and this partnership ensures that the programming viewers rely on from their local public television stations—including news, public affairs, performing arts, educational children’s media, local productions, emergency messaging and more—is accessible to audiences across the nation.”

The agreement allows cable operators to offer up to four free noncommercial multicast channels for each must-carry station in a market.