FCC votes to accelerate NextGen TV transition with flexible framework

The Federal Communications Commission has adopted new rules to accelerate the nation’s broadcast television transition to NextGen TV, eliminating mandatory simulcasting requirements while giving local broadcasters more control over their conversion timelines.

“America’s television broadcasters are in the midst of an ongoing transition,” Chairman Brendan Carr said during today’s commission meeting. “They’re shifting to a new broadcasting standard known as ATSC 3.0 that can deliver significant benefits to consumers across the country.”

The commission voted to adopt a Further Notice of Proposed Rulemaking that would “support and accelerate the nation’s ongoing voluntary market-based broadcast television transition to NextGen TV,” as described by FCC Secretary Marlene Dortch when introducing the meeting’s nine-item agenda.

Carr emphasized the local nature of the transition, noting that “local broadcasters have unique insights into what works best in their communities, and the proposed rules we adopt today will put more power and flexibility into the hands of those broadcasters, giving them greater freedom to meet those local community needs.”

The measure, which passed with support from all three commissioners, marks a change in the FCC’s regulatory approach. 

Under current rules, broadcasters transitioning to ATSC 3.0 must maintain their legacy ATSC 1.0 signals through partnerships with other local stations, since they cannot technically transmit both formats from the same facility.

“First and foremost, this item takes the next step to allow broadcasters who would like to transition to have the opportunity to serve their communities in new and innovative ways,” Carr explained. “After all, in addition to providing high-quality video programming, ATSC 3.0 will allow broadcasters to deliver more accurate emergency alerts, as well as interactive programming features and other offerings, including data casting services.”

“Television is moving to an IP-based format that supports features and functionalities that will allow broadcasters to compete more effectively with digital platforms, both on content and economics. I strongly support this evolution and the continued competitive viability of local broadcasters,” said Commissioner Anna Gomez. “There are some very complicated questions that this current transition raises. First and foremost is the issue of timing.” 

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Commissioner Olivia Trusty also acknowledged both the promise and challenges of the transition.

“While NextGen TV has already demonstrated its potential, it has also surfaced new technological, marketplace, and regulatory challenges,” she said. “This item does not avoid those challenges. It addresses them directly.”

Trusty stressed the importance of maintaining focus on the public interest throughout the transition.

“As we move forward, we must stay focused on advancing the public interest in both the specific details and the broader regulatory picture,” Trusty said, adding that she has “no doubt that NextGen TV holds tremendous promise for American consumers from enhanced audio and video quality to improved public safety, accessibility, and interactive capabilities.”

“The Commission also plays a key role in promoting innovation through collaboration, working hand in hand with stakeholders to navigate the complexities that accompany major technology transitions,” Trusty noted on regulatory support. 

The adopted notice aims to remove what the commission characterizes as unnecessary regulatory obstacles.

“For television, 3.0 represents the future of broadcasting,” Carr stated. “Today’s action takes steps to support and accelerate the nation’s ongoing market-based transition to NextGen TV, to remove unnecessary regulatory obstacles, and to give broadcasters flexibility to determine how best to serve their local communities.”

Rather than establishing specific deadlines or mandates as in previous broadcast transitions, the commission opted for a voluntary approach that allows market forces and local conditions to drive adoption. This contrasts with the mandatory analog-to-digital conversion completed in 2009.

The commission stated in its announcement that “with viewers watching content anytime, anywhere, ATSC 3.0 provides broadcasters with an opportunity to look for new ways to offer quality programming and improve the outlook for stations across the country.” The technology supports targeted emergency alerts, interactive programming features, enhanced video and audio formats and other services through its internet protocol-based transmission system.

The vote came during a packed October 28 meeting that also addressed space licensing modernization, IP interconnection, broadband transparency, robocall elimination, incarcerated people’s communication services and the deletion of approximately 400 wireless-related rules.

Looking ahead, the commission will accept public comments on the proposed rules following publication. The proceeding will examine how to minimize transition costs and impacts across all stakeholders, including consumers, manufacturers, multichannel video programming distributors and smaller broadcasters.

The National Association of Broadcasters, which has strongly favored a hard deadline to transition to ATSC 3.0, noted today’s vote “signals important momentum” for NextGen TV. 

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“The FCC’s action today is a meaningful step toward realizing the full benefits of NextGen TV, and NAB applauds Chairman Carr and Commissioners Gomez and Trusty for their leadership on this important issue,” said NAB CEO Curtis LeGeyt in a statement. “By moving to eliminate outdated rules, the Commission is clearing the path for broadcasters to better serve viewers with enhanced picture and sound, robust emergency alerts and new interactive features.”

“NAB looks forward to working with the Commission and industry partners to complete this transition,” added LeGeyt.

The Consumer Technology Association, representing over 1,200 technology companies, welcomed the commission’s action while reiterating its opposition to any government mandate requiring televisions to include ATSC 3.0 tuners.

“Thank you to the FCC for taking another step toward a fully voluntary transition to NextGen TV,” said Gary Shapiro, CEO and vice chair of CTA, in a statement issued to NCS. “Americans should be able to choose the features they want in their TVs. Innovation thrives when consumers – not the government – pick the technology that works best for them.”

Shapiro noted that while CTA helped build the NextGen TV standard and branding, he believes “now it’s time for broadcasters to do their part – not by pushing mandates, but by promoting and educating viewers about this new technology.”

“I am hopeful this proceeding will encourage all stakeholders to work together toward realizing that potential,” Trusty noted.