Broadcast Issues Heating Up in DC

- AM Radio Bill, NextGen TV

Two key issues for Texas Radio and TV broadcasters - AM Radio and NextGen TV - are moving up the priority lists for federal regulators and members of Congress despite the continuing federal government shutdown over Republican proposals to cut funding for Medicaid and the Affordable Care Act.

House authors of the AM Radio for Every Vehicle Act, Reps. Gus Billirakis, R-Florida, and Frank Pallone, D-New Jersey, have indicated they're closing the window for new co-sponsors as they begin positioning the measure for a full floor vote before Congress adjourns in late December.

HR 979 has the bipartisan support of 312 members of the House - including 22 Texans - and cleared the powerful House Energy & Commerce committee by a vote of 50-1 in September.

A floor vote would require the House to convene, which Speaker Mike Johnson, R-Louisiana, has chosen to keep in recess until the shutdown ends, despite the Senate continuing to function.

Sen. Ted Cruz is leading the effort in the Senate, along with his political polar opposite, Sen. Ed Markey, D-Massachusetts.

Meanwhile, the FCC proceeded to convene its regular Open Meeting on Oct. 28, although the commission is officially shuttered as Congress remains at loggerheads over the healthcare issues.

Among other actions, Chairman Brendan Carr advanced the draft "Fifth Further Notice of Proposed Rulemaking" proposing changes to FCC rules governing TV stations' transition to the ATSC 3.0 standard. The changes would:

• Tentatively conclude that television stations should be allowed to choose when to stop broadcasting in 1.0 and start broadcasting exclusively in 3.0.
• Tentatively conclude that television stations should be allowed to broadcast in both 1.0 and 3.0 (or "simulcast") as many are doing today, but with fewer restrictions and requirements on the 1.0 version of their signal.
• Seek comment on certain issues and proposals closely related to these tentative conclusions, including: the use of encryption or digital rights management (DRM) on broadcast signals; a requirement that new televisions be able to receive and display 3.0 signals; and a requirement that traditional pay TV providers carry 3.0 signals to their subscribers.
• Seek comment on other outstanding Next Gen TV issues, including, but not limited to:
  • The sunset of 1.0 service
  • The status of certain technical standards in FCC rules
  • Options to offset consumer costs
  • 3.0 test markets
  • Accessibility
  • Emergency alerting
  • The fundamental use of broadcast spectrum
  • Privacy
  • Notice requirements
  • The state of the market for essential 3.0 patents

Questions? Contact Oscar Rodriguez or call (512) 322-9944.