Former FCC commissioner criticizes proposed NextGen TV mandates

A new policy paper from the Free State Foundation urges the Federal Communications Commission not to impose mandates requiring adoption of the NextGen TV standard, also known as ATSC 3.0.

The paper, written by former FCC Commissioner Michael O’Rielly, contends that requiring television broadcasters, manufacturers, and consumers to shift to the new broadcast format would result in substantial costs without proven public benefit.

O’Rielly argues that a government-mandated transition to NextGen TV would involve declaring the current ATSC 1.0 system obsolete, requiring all televisions sold in the United States to include NextGen tuners, and forcing over-the-air viewers to purchase new equipment. He notes that even some broadcasters do not support a transition and would be compelled to upgrade their infrastructure under such a mandate.

In the paper, O’Rielly claims that cable and satellite distributors would also need to make costly changes, including equipment purchases to down-convert the new signals or replace all customer devices.

“Everyone should know who would ultimately pick up the tab for all these added mandates: American consumers,” O’Rielly wrote.

O’Rielly further questions the technology’s practical benefits.

While acknowledging improved audio and video quality, he asserts that many of the anticipated business opportunities associated with ATSC 3.0, such as non-television data services, serve private interests rather than the public.

The paper also contrasts the proposed mandates with a deregulatory policy approach supported by the Trump administration, which O’Rielly says promotes fewer restrictions on broadcasters.

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O’Rielly concludes that the FCC should allow market forces to determine whether ATSC 3.0 succeeds, rather than pursuing government intervention to support the transition.

O’Rielly is an adjunct senior fellow at the Free State Foundation, a nonpartisan think tank based in Rockville, Md.