DTV ‘Quiet Period’ Gains Momentum
Momentum is gaining behind an NAB campaign to get broadcasters to agree not to cut off signals to cable operators and other pay-TV providers for a month before and a month after the analog cutoff (CD Aug 13 p1). As of Wednesday companies that own and run more than 600 stations had agreed to a so-called DTV quiet period running Feb. 4 to March 4, said an NAB spokesman. That’s “easily” most of the U.S. stations not guaranteed cable carriage, he said. As of Dec. 31 there were 1,379 commercial broadcasters in the U.S., FCC data show. Some broadcasters have doubts about the quiet period or simply won’t sign on.
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The NAB said Wednesday that directors of the Fox affiliates group endorsed the quiet period, joining the other big four affiliate groups. The period, and full-power TV stations’ education of viewers about the Feb. 17 cutoff of analog transmissions, “will minimize consumer confusion and help local broadcasters and government achieve our joint objective of a seamless transition,” NAB TV Board Chairman James Yager said. The quiet period formally would end March 4, but practically speaking the freeze would go through March, a ratings sweep month during which broadcasters can’t pull signals, Jack Sander, NAB joint board chairman, said Tuesday in an interview. The sweeps are extended from February next year because of the analog cutoff.
CBS was the latest broadcaster to reject a quiet period. “CBS has done many retrans deals with large and small operators with absolutely no disruption to the audience,” it said. “We see nothing in our current negotiations that leads us to believe that will change, so we see no need for the kind of ‘quiet period’ sought by some cable operators.” The NAB spokesman declined to comment. Gray TV has panned the freeze as interfering with talks on new retransmission- consent contracts for carriage by pay-TV companies. Many expire Dec. 31.
Broadcasters should preserve their right to be paid for carriage and keep in mind that some cable operators are using the quiet period to avoid having to pay them, said Allbritton Senior Vice President Jerald Fritz. His company hasn’t decided whether to sign on to NAB’s proposal, he said. “This is the camel’s nose, and it has to be made absolutely clear that the end game for the cable systems, especially the small cable operator, is to change the retransmission consent system fundamentally.” Though there’s nothing “wrong” with the concept, broadcasters should be “extremely cautious and think through” any quiet period proposal, he added. “If we give it up and lose retransmission consent money, then that’s going to be a significant blow to the broadcast industry.”
FCC commissioners must approve any change to a proposed order mandating a longer quiet period. They haven’t had time to decide if they support the NAB proposal, agency officials said. The measure, circulated about a month ago by Chairman Kevin Martin, would take effect Jan. 15. Commissioner Jonathan Adelstein wants it to take effect a month earlier, agency officials said.
The NAB proposes too late a starting date, Dish Network suggested, urging a Dec. 15 start. “In the spirit of compromise,” Dish endorsed the NAB’s proposal to end the quiet period March 4. “Starting the quiet period any later than December is pointless, because it will not capture the lion’s share of retransmission consent agreements that expire at the end of the year,” the satellite-TV company said late Wednesday.