FCC Seeks Comments on NAB Petition for Rulemaking in NextGen TV Proceeding

The Federal Communications Commission has issued a Public Notice requesting comment on the Petition for Rulemaking regarding the transition to ATSC 3.0 (NextGen TV) and on the Report summarizing the Future of Television Initiative (FOTVI) submitted by the National Association of Broadcasters (NAB).

Petition for Rulemaking

In its Petition, the NAB proposes a two-phased transition deadline whereby full-power stations in the top 55 markets would be required to fully transition to ATSC 3.0 in February 2028, and stations in the remaining markets would be required to transition in February 2030. The NAB also asks the FCC to amend its rules to require that all TV broadcast receivers include 3.0 tuners and to remove the requirement to include ATSC 1.0 tuners after the transition. The FCC is now seeking comment on these and other suggestions to accelerate deployment.

Future of Television Initiative Report (FOTVI)

NAB launched the FOTVI in April 2023 to convene stakeholders to create a roadmap for the transition from ATSC 1.0 protocol to ATSC 3.0. The FOTVI Report summarizes the discussions of three working groups, which addressed:

1. backwards compatibility, tuner availability, and consumer issues;

2. completing the transition; and

3. post-transition regulation.

The FCC is seeking comment on the recommendations in the Report and on how the Report should inform future rulemakings related to ATSC 3.0.

Additional Issues

Comments are not limited to the NAB’s Petition or FOTVI Report. The FCC asks for comment on any additional issues relevant to the transition to NextGen TV. For example, the FCC seeks comment on marketplace barriers to deployment and how those barriers might be addressed. The Public Notice specifically requests comment on the use of MPEG4 compression, VHF reception, Digital Rights Management encryption, the use of vacant channels as temporary transition channels, and the amount of spectrum a NextGen TV station must devote to free, over-the-air television service.

If you have questions about the transition to ATSC 3.0, or are interested in submitting comments, contact an attorney in our Media Practice Group.