WASHINGTON—The NextGen TV transition could be “stranded indefinitely in a regime of regulatory uncertainty and half-measures” without 3.0 tuner mandates, must carry provisions and a sunset date for 1.0 broadcasts, the NAB has told the Federal Communications Commission.
The reply comments by the NAB were made in an ongoing proceeding by the FCC to assess and develop a regulatory framework for the rollout of NextGen TV. That proceeding has produced wide ranging arguments about tuner mandates, must carry provisions, digital rights management and sunset dates for the current ATSC 1.0 broadcasts.
“The record developed here confirms that the Commission’s central task is no longer to debate whether NextGen TV is worth pursuing – stakeholders across the ecosystem recognize that it is – but to decide whether the transition will be allowed to succeed through an orderly, coordinated framework, or instead be stranded indefinitely in a regime of regulatory uncertainty and half-measures, all to the detriment of the viewing public,” the NAB said.
The creation of an “orderly, coordinated framework,” the group added, will require four “core actions” that the FCC needs to adopt if the transition is going to be successful and provide consumers with continued access to free, over-the-air broadcasting.
The four areas are: “(1) establish clear, date-certain sunsets for ATSC 1.0 that provide the focal point necessary for marketplace coordination; (2) modernize the receiver standard so consumers can continue to access broadcast service reliably and consistently as the transition proceeds; (3) ensure continued MVPD carriage of ATSC 3.0 signals and associated advanced features so viewers are not deprived of NextGen TV capabilities through distribution bottlenecks; and (4) protect broadcasters’ ability to deliver high-value programming in a video marketplace where content protection and modern technical capabilities are increasingly prerequisites to obtaining and sustaining premium content.”
The NAB also stressed that “the record also makes plain that the Commission has broad support for taking these steps now. Broadcasters, technology providers, and public-interest stakeholders converge on a simple reality: a voluntary framework has reached the limits of what it can accomplish, and further progress depends on regulatory certainty and coordinated action.”
“Against that record of support, opponents’ submissions are notable for what they do not provide: a workable alternative path to completing the transition,” the NAB added. “Instead, the principal opponents offer a familiar mix of classic delay advocacy: resisting receiver modernization, resisting regulatory certainty, resisting any step that would move the transition from pilot to scale, all while recasting the Further Notice as a forum for collateral disputes and speculative anxieties. In short, these opponents reject any modernization that would impose even minimal effort or adjustment on their part. That is not a serious transition plan. In reality, it is an effort to keep free, over-the-air broadcasting tethered to legacy constraints while other segments of the video marketplace move forward unencumbered and without having to worry about broadcasting as a viable competitor.”
“[T]he Commission should establish a firm sunset for ATSC 1.0, eliminate the regulatory constraints that indefinitely prolong simulcasting and “substantially similar” operation, and modernize the receiver framework so that consumers can continue to access free, over-the-air broadcasting reliably as the transition proceeds,” the NAB concluded. “The Commission should also reject efforts to derail this proceeding with collateral disputes and overstated legal theories that offer no workable alternative transition plan.”
The full filing is available here.
