As expected, the FCC took action Wed. to “hasten” the DTV transition by commencing an open channel election process in Nov. and setting firm deadlines. “We take today’s actions, most notably to set channel election and replication and maximization deadlines not only to bring consumers more over-the-air digital services, but to help usher in the beginning of the end of the DTV transition,” said FCC Chmn. Powell. Much of the process is in tune with previous recommendations from MSTV (CD Aug 4 p2), said Rick Chessen of the FCC DTV Task Force. The FCC also agreed to eliminate, for now, the simulcasting requirement to permit the transmission of additional programming on DTV channels. The FCC deadline includes a Dec. date where stations with 2 in- core channels elect the DTV channel they prefer. In July 2005, stations with a current in-core channel assignment select a channel from those available after the first round of selections. In Jan. 2006, stations that haven’t been assigned a channel or assigned Ch. 2-6, may elect a channel. By Aug. 2006, the Commission expects to issue a proposed rulemaking on the new DTV table of allotments. The Commission clarified its digital closed captioning rules to ensure that those services are consistently and effectively delivered. The FCC also mandated that after an 18-month transition period, all DTV receivers contain V-chip functionality that will permit the current TV ratings system to be modified. Separately, the Commission officially issued a notice of proposed rulemaking concerning the effectiveness of the Emergency Alert System (EAS) and how it can be improved. The Commission had previously said it would address EAS concerns (CD June 24 p7). The Commission has already begun to coordinate with the Dept. of Homeland Security, FEMA, the Dept. of Commerce and the National Oceanic & Atmospheric Administration’s National Weather Service. The FCC also seeks participation from state and local emergency planning organizations. Enforcement Bureau Chief David Solomon said the notice asks several questions about imposing EAS requirements on wireless phone carriers, but draws no conclusions. Carriers support a voluntary program but would oppose mandates. “We've asked broadly what is the capability, what is the technology, what is the impact of imposing ESA obligations on those technologies,” he said.
The FCC issued a $6,000 fine against Arnold Bcstg. for operating transmitting equipment without a license and failing to receive and transmit required emergency alert system tests. The FCC reduced its original fine of $12,000 after taking into account the nature and circumstances of the violations and Arnold’s history.
The FCC announced late Wed. it plans to vote at its Aug. 4 meeting on outage reporting requirements for wireless and wireline carriers, as well as a rulemaking and declaratory order on changes to CALEA. All of the items pick up the broader homeland security theme of the meeting. The FCC indicated that despite a last-min. flurry of lobbying it will vote on a report and order from the Office of Engineering & Technology on service disruptions, picking up many of the recommendations in an earlier rulemaking. Wireless carriers in particular have expressed concerns that the reporting requirement would actually make their systems less secure. The FCC will also vote on a rulemaking by OET that’s expected to make a preliminary determination that VoIP should be subject to CALEA requirements. The Commission also has before it a declaratory order expected to hold that push-to- talk phone service is subject to CALEA. The FCC will also consider: (1) An Order on Reconsideration addressing, in part, petitions filed by BellSouth and SureWest for clarification and/or partial reconsideration of the Triennial Review Order. (2) A Fifth Report & Order addressing measures to protect against waste, fraud and abuse in the administration of the schools and libraries universal service support mechanism. (3) A notice of inquiry from the Enforcement Bureau on the effectiveness of the Emergency Alert System (EAS). The Commission had previously said it would address EAS concerns (CD June 24 p7). (4) A report and order from the Media Bureau on the DTV transition and a Media Bureau order responding to certifications received in response to an initial certification window by which digital output protection technologies and recording methods could be authorized for use. The order would give effect to the Redistribution Control Descriptor set forth in the ATSC standard. (5) An order concerning implementation of the Controlling the Assault of Non-Solicited Pornography & Marketing Act of 2003. Also at the meeting, the Homeland Security Policy Council will present a report concerning this year’s FCC regulatory, outreach and partnership initiatives in support of homeland security.
The FCC granted Charter a temporary waiver of emergency alert system (EAS) rules for 153 systems in 24 states. Cable systems with fewer than 5,000 subscribers are required by Oct. 1, 2002, to provide national level EAS messages on all programmed channels, or on at least one programmed channel with video interrupts and audio alerts on all other programmed channels. Charter contended that it would cost $6,000-$10,000 to install the equipment for each system, totaling $876,000-$1.46 million. The FCC agreed that would pose a financial hardship and agreed to waivers until Oct. 1, 2005. The systems are in Ala., Cal., Ga., Va., W.Va., Tex., among other states.
The FCC fined Sunbelt TV station (KHIZ Ch. 64), Barstow, Cal., $2,000 for failing to conduct required Emergency Alert System (EAS) tests monthly, as agency rules require of broadcasters. The FCC typically discovers EAS violations during random inspections or in responding to a unrelated complaint, FCC officials told us.
The FCC issued a notice of inquiry Thurs. asking a broad range of questions about how broadcasters can better serve their local communities. The FCC said in the notice it would “expeditiously” issue a ruling on the Network Affiliated Stations Alliance’s (NASA) petition, which concerns localism but isn’t part of the notice. Comments are due Sept. 1, replies Oct. 1.
The FCC will address broadcasters and emergency response officials’ concerns about the emergency alert system (EAS) in a notice of inquiry expected to be released in Aug., FCC officials told us. The notice is expected to deal with outdated plans, missing communication links and inadequate training, they said. Broadcasters, meanwhile, questioned the very viability of EAS.
The Dept. of Homeland Security (DHS) and the National Oceanic & Atmospheric Assn.(NOAA) agreed Thurs. on a new method for issuing local and national warnings and to increase the effectiveness of Public Alert devices. The agreement was endorsed by the CEA, group executives said. Under the agreement, DHS will have round-the-clock access to the NOAA All-Hazards Network, allowing emergency alerts related to homeland security to reach the American public through the alert devices. Public alert technology is an outgrowth of the Emergency Alert System (EAS). EAS warnings are voluntarily aired by broadcasters, but Public alerts are triggered by warnings received from govt. sources. The warning signals can be received on radio, TV and mobile phones. Meanwhile, a glitch in Comcast’s EAS caused Washington subscribers to see only the Disney Channel on all of the company’s channels for about an hour Mon., a Comcast spokesman said. The problem occurred when the system was mistakenly activated, but without an emergency broadcast message, so all that viewers saw was Disney programming. The alert system is carried on the Disney Channel because of its strong signal in the area and wide reach, the spokesman said.
Authorizing full-time use of in-band on-channel (IBOC) technology on AM and FM stations not only would provide listeners with the “digital experience they have come to expect from satellite radio” and other digital sources, but “will enable significant advances in alerting and warning technology through the use of the digital data stream on AM and FM HD Radio stations,” Sage Alerting Systems told the FCC. Sage -- which helped develop the Emergency Alert System (EAS) the FCC approved in the mid-1990s -- urged the Commission to require EAS compliance in the IBOC domain “from the very beginning to insure that listeners tuned to the digital data stream do not miss potentially life saving messages and announcements.” It also asked the FCC to begin probing new and improved alerting techniques made possible through digital broadcasting. For example, IBOC technology can beam “specific and localized” emergency announcements to the front-panel displays of HD Radio receivers in cars and homes, but the capability also exists to turn radios on and off selectively using that data stream, Sage said. “Addressability down to a much smaller area than is currently possible in the EAS protocol would facilitate reaching only those who would be directly effected by severe weather, chemical [spills] or terrorist activities. These capabilities would be a vast improvement over the existing EAS system and could be implemented either voluntarily or by FCC mandate in all new AM and FM receivers equipped with HD Radio.” Sage said it believes the cost of implementing such “digital-interrupt” technology would be “no greater” than the current cost of deploying EAS capability at an analog station, and products could be brought to market “very quickly.”
FCC Comr. Adelstein said he was concerned about an apparent willingness by some lawmakers to impose indecency standards on cable. In a speech to the American Cable Assn., Adelstein noted that the cable industry is willing to provide blocking technology for consumers who don’t want certain channels. Although he acknowledged that children can’t distinguish between broadcast and cable, he said it would be hard for the govt. to force family tiers onto cable. “Families are different,” Adelstein said. “My family’s interests might be different than yours.”