Commissioners Okay Dual Carriage, DTV Deadline Rulemakings
Commissioners unanimously approved 2 DTV rulemakings that could pave the way for cable operators to be required to air must-carry stations’ analog and digital signals while ensuring all broadcasters transmit in digital by Feb. 17, 2009. The dual-carriage notice of proposed rulemaking (NPRM) asks whether cable operators must carry both signals after the DTV transition, Media Bureau officials told the FCC at its meeting late Wed. The other NPRM solicits public input on whether all stations must meet the DTV deadline, even those experiencing equipment or construction challenges, said Bureau officials.
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The dual-carriage rulemaking is controversial, and FCC officials said tentative findings were changed during final 8th-floor negotiations over the wording of the rulemaking. FCC Chmn. Martin and Media Bureau Chief Monica Desai framed the NPRM as a way to ensure all cable customers can get broadcast TV after the analog cutoff. “No consumer should be disenfranchised as a result of the transition,” Desai told the meeting. About half of cable subscribers don’t buy a digital package, she added: “We want to ensure that after the transition these consumers will not be denied the ability to view broadcast stations.” Martin said cable customers shouldn’t be forced to buy a set-top box to watch broadcast TV stations. Cable operators have said they'll continue to serve analog subscribers after the transition.
Comrs. Adelstein and McDowell expressed concern about some aspects of the dual-carriage proposal. Dual-carriage raises constitutional concerns, said McDowell: “In my view we should first build a record… before we make judgments about what standards the government should impose.” Adelstein questioned why dual carriage rules are needed when commissioners previously rejected a similar rulemaking, saying “today’s proposal could force cable operators to… reclaim capacity that would be used to provide high definition programming.”
The dual-carriage rulemaking seeks comment on what constitutes “material degradation” of DTV signals, another potentially hot-button topic. The NPRM reiterates that broadcast signals delivered to a cable headend in high definition must “be carried in high definition,” another Bureau attorney told the meeting. The rulemaking seeks comment on whether all primary video bits must be carried to avoid signal degradation, whether cable operators must avoid treating cable channels “more favorably” than broadcast stations and how to measure material degradation, she said.