NEW DTV REVIEW SEEKS ANSWERS ON SIMULCASTING, OTHER ISSUES
FCC began 2nd periodic review of DTV transition Mon. with rulemaking that asked how agency should develop policies to accelerate clearing of broadcast spectrum. Rulemaking revisits some issues from first review, but also addresses several new issues that parties have said they considered trickier aspects of transition. Those would include how FCC should interpret test developed by Congress to determine whether at least 85% of viewers have access to digital broadcast signals, either over air or through cable or satellite, and how agency should deal with issue of simulcasting.
Commission adopted new notice unanimously. Comrs. Copps and Adelstein issued separate statements, both praising agency’s effort. Copps said he was particularly pleased that FCC was reviving what he described as “long-dormant” proceeding on public interest obligations of broadcasters in DTV environment. He said several issues must be addressed, including whether station has served local community adequately if only one of its multicast channels carries programming of interest to that community and whether station can carry its weekly 3 hours of children’s programming exclusively on one multicast channel. Adelstein said FCC must ensure that public continues to have “free, over-the-air broadcasting in the digital world” and that he, too, was pleased notice sought to define broadcasters’ public interest obligations in digital.
NAB spokesman declined to comment on specifics of FCC document except to say broadcasters were doing their part to move forward with transition. NCTA spokesman declined comment, saying association still was reviewing notice.
FCC seeks comment on new channel election, replication and maximization requirements since broadcast TV will be limited to “core spectrum” of current channels 2 through 51 (54-698 MHz) after transition. It proposes May 1, 2005, as channel election deadline for commercial and public broadcast licensees with 2 in-core assigned channels, and seeks comment on alternative deadlines. FCC proposes to end replication and maximization interference protection for affiliates of Big 4 networks (ABC, CBS, Fox and NBC) in markets 1-100 as of July 1, 2005; and for all other commercial and public DTV licensees as of July 1, 2006. Agency asks whether it should adopt intermediate signal coverage requirement beyond broadcaster’s current obligation to cover its community of license, expanding into nearby areas of market.
Comment is sought on replication and maximization of interference protection deadlines for stations operating on TV channels 52-69 in order to speed clearing of 700 MHz band, which isn’t considered “core spectrum.” Auction Reform Act of 2002 directs FCC to conduct auctions of 700 MHz band before expiration of FCC’s auction authority Sept. 30, 2007. FCC also invited comment on other issues on protection that must be provided to incumbent analog and digital broadcasters in 700 MHz band during transition.
Because Communications Act says licenses for analog TV expire Dec. 31, 2006, FCC is asking how it should interpret criteria for giving broadcasters extensions. Agency is required to reclaim spectrum unless one of 3 conditions is met. Commission seeks comment on when stations should file extension requests with agency, how FCC should define TV market, how it should interpret requirement that digital-to- analog converter technology be “generally available” in TV market and how it should interpret test to determine whether at least 85% of viewers have access to digital broadcast signals. FCC can grant extensions if: (1) One or more stations in particular market that are licensed to or affiliated with one of 4 Big networks aren’t broadcasting in digital and Commission finds station has exercised “due diligence on construction deadlines. (2) Converter technology is not generally available in market. (3) 15% or more of TV households don’t have access to DTV.
Rulemaking asks several other questions: (1) Whether FCC should retain, revise or remove requirement that licensees simulcast certain percentage of their analog channel on their DTV channel. (2) Whether there are steps FCC needs to take to help public TV stations in transition. (3) Whether there are labeling requirements for TV-related consumer equipment that would assist transition and protect consumers. (4) Whether and how FCC should license multiple lower-powered transmitters, similar to cellular networks, called distributed transmission systems. (5) Whether broadcasters should be required to include Program System & Information Protocol ("PSIP") information in their digital signals to ensure availability of some functions. (6) Whether FCC should adopt digital V-chip requirements. (7) What station identification requirements should apply to digital stations.
FCC also wants comments on current proceedings dealing with public interest obligations for children’s TV, political broadcasting and in general. It asks how it should apply those obligations to broadcasters that multicast and whether its approach should vary with scope of whatever final digital must-carry obligation it adopts. Comments are due April 14, replies May 14.