At the FCC’s Open Meeting on October 28, 2025, the FCC adopted a Fifth Further Notice of Proposed Rulemaking (FNPRM) seeking comments on proposed changes affecting television stations transitioning, or planning to transition, to ATSC 3.0 (or “Next Gen TV”). The stated purpose of the FNPRM is to “support and accelerate the nation’s ongoing voluntary, market-based broadcast television transition to Next Gen TV.”
In the FNPRM, the FCC concludes that individual broadcasters should have the flexibility to determine when to cease operations in ATSC 1.0 within their local markets, and that stations that continue to voluntarily broadcast both ATSC 1.0 and ATSC 3.0 signals should no longer be required to transmit “substantially similar” programming on each signal. The Commission broadly supports reliance on market forces for the Next Gen TV transition, tentatively concluding that “stations should continue to be free to switch between 1.0 and 3.0 as market conditions dictate,” and is seeking comments on this tentative approach.
Additionally, the FCC suggests that stations continuing to simulcast in ATSC 1.0 will not need to provide this service to at least 95 percent of their population to qualify for expedited processing of their requests to launch ATSC 3.0 service. The FCC also proposes allowing stations with ATSC 1.0 simulcasts to use MPEG-4 compression on multicast channels, which could enable them to offer more programming streams.
Other Issues Related to the Next Gen TV Transition
In alignment with its goal of eliminating the simulcasting requirement and removing barriers to adopting ATSC 3.0 technology, the FCC seeks input on several other significant transition topics in the FNPRM:
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- Next Gen TV Tuner Mandate: The FCC asks if it should eventually mandate that all new TV broadcast receivers be equipped to adequately receive and display ATSC 3.0 signals. The Commission is asking for feedback on the potential impact of such a requirement on manufacturers and consumers and implementation strategies, including the potential for informational labeling of devices, and potential costs of this approach.
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- Encryption of Over-the-Air (OTA) Broadcast Signals: The FCC is asking for comments on whether it should establish standards or rules concerning the encryption or signing of free, over-the-air broadcast signals, and on the Commission’s authority to do so. In the FNPRM, the FCC discusses the ATSC 3.0 Security Authority's encryption requirements and raises questions about digital rights management implications for viewers.
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- MVPD Carriage: Reflecting its inclination to remove the 1.0 simulcasting requirement and the “substantially similar” rule, the FCC asks for comments on possible adjustments to MVPD mandatory carriage rules. The FCC specifically inquires whether it should allow stations to assert mandatory carriage rights for their 3.0 signals, rather than their 1.0 signals. Additionally, the FCC requests comments regarding whether an interim approach might involve granting mandatory carriage rights to ATSC 3.0-only stations if they provide an ATSC 1.0 feed to MVPDs.
Additional Next Gen TV Considerations
In the FNPRM, the FCC also seeks comments on other critical questions concerning the transition to 3.0, including the following:
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- Sunset of ATSC 1.0 Service: Should there be an eventual sunset for 1.0 broadcasting? If so, should this sunset correlate with specific dates or particular market conditions?
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- Primary Video Stream and Technical Standards: The FCC asks how it should address the scheduled July 17, 2027 sunset related to compliance with the ATSC A/322 standard, and if updates are needed to incorporate the most recent A/321 and A/322 standards.
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- Options to Offset Consumer Costs: Are there low-cost converter devices or funding sources available to help alleviate costs for consumers making the transition?
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- ATSC 3.0 Test Markets: Should the FCC establish coordinated test markets for technical evaluation and to confirm viewer and MVPD readiness? If so, which markets would be best suited for this purpose?
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- Accessibility: How can the industry ensure compliance with current video accessibility requirements in the context of ATSC 3.0 service? What regulatory changes might be necessary?
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- Emergency Alerting: What information or actions should emergency alerting stakeholders consider to ensure that EAS messages remain accessible to all broadcast audiences during and after the transition?
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- Fundamental Use of Broadcast Spectrum: Should Next Gen TV broadcasters dedicate a specific portion of their licensed spectrum to providing free over-the-air video programming post-transition?
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- Privacy: Are new privacy rules necessary regarding broadcasters' collection of viewer data?
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- Notice Requirements: Should the FCC implement additional pre-transition notice guidelines for broadcasters and other industry participants, similar to those instituted during the DTV transition?
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- RAND Licensing: The FCC asks for commentary on the current state of the market for ATSC 3.0 Standard Essential Patents.
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- Next Gen TV Public Interest Considerations: The FCC seeks comment regarding how it can ensure that the FCC’s overall approach to ATSC 3.0 best serves the public interest.
The FNPRM presents an opportunity for television broadcasters to shape the future of television by commenting on these proposed changes and considerations. It is essential for stakeholders such as television licensees to provide feedback to influence and expedite the ATSC 3.0 transition process.
For more information on the FNPRM, filing comments in the proceeding, or NextGen TV in general, contact Paul Cicelski in our Media Practice Group.
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