REC Networks position on Future of Television Initiative Report and the NAB petition to set ATSC3 transition dates

NAB's timetable is ambitious, but not in any way consumer friendly, especially for smaller markets that have not even started simulcasting.

REC has reviewed the recent proposal by the National Association of Broadcasters as well as the previously released Future of Television Initiative Report in respect to the transition of broadcast television from the current Advanced Television Systems Committee (ATSC) version 1 to ATSC version 3 (ATSC3), also known under the registered trademark NEXTGEN TV.

ATSC3 is awesome technology…

ATSC3 is a vast improvement over the current ATSC1 standard which has been in place since the original transition to digital television. ATSC3 is designed to better harness the 6 MHz television channel bandwidth to provide better picture quality, better sound, more multicast services (including audio only services) and emerging technologies, such as Broadcast Positioning System (BPS), which provides positioning, navigation and timing, similar to Global Positioning Satellite (GPS), but using terrestrial-based elements such as ATSC3 television stations and eLORAN, which operates in the 90~110 kHz band.

but….

However, ATSC3 does have one major drawback. ATSC3 uses a multi-carrier technology within the 6 MHz channel where today’s ATSC1 uses a single carrier. This means that ATSC3 is not backwards compatible with ATSC1. In order to receive ATSC3 broadcasts, each consumer will have to either purchase a new television receiver that can pick up ATSC3 broadcasts or purchase a converter box that can be connected to an existing monitor or ATSC1 television receiver to receive ATSC3 broadcasts.

Because of the equipment change requirement, it will mean that consumers will have to pay for a new device. Unlike the digital television transition that took place many years ago, there is no government appropriation, no coupons. Those who do not purchase a NextGen (ATSC3) certified device will lose their ability to watch over the air television when ATSC1 broadcasts are discontinued.

Current ATSC3 market deployment

The NAB states that at least one TV broadcaster in 80 markets has already deployed ATSC3, thus meaning that 75 percent of the nation’s population has access to these broadcasts.

How ATSC1/ATSC3 simulcasting is done

Currently, the TV broadcasters that are operating ATSC3 are continuing to provide ATSC1 services. This is done through some creative channel sharing arrangements with other local TV broadcasters where multiple ATSC3 program streams are placed on the transmitter of one of the TV stations in the market while other stations in the market carried the ATSC1 services in order to maintain continuity and to allow for a smoother transition. This method is different than how the original DTV transition was done where each TV station was provided with a “companion channel” where one channel would carry their pre-transition analog signal and the other would carry their DTV (ATSC1) signal.

NAB’s proposed timetable for an ATSC1 shutdown

The NAB and the consumer electronics industry are now pushing for the FCC to mandate a “drop dead” date for the end of the ATSC1 simulcasting and for each station to operate their own ATSC3 facilities. Once this “drop dead” data passes, current ATSC1 TV receivers will not be able to receive those channels over the air.

Under the NAB’s petition to the FCC, they are asking that this “drop dead” date be February, 2028 for stations in the top 55-markets, with limited waivers for noncommercial educational (NCE) TV stations and other special circumstances. A second “drop dead” date is of February, 2030 is proposed for all other markets and for those in the top-55 markets that received waivers.

This means that for TV stations in the top-55 markets and the viewers they reach, they have less than 3 years to get the appropriate equipment for ATSC3. This includes for TV stations that have not already started in ATSC3 operation.

In addition, the NAB wants the FCC to interpret the All Channel Receiver Act of 1962 as requiring that all television receiving equipment marketed in the United States be equipped with ATSC3 reception capability and then at a later time, drop the requirement that receivers pick up ATSC1 stations.

The NAB proposal does not address Low Power TV (LPTV) stations or TV translators.

With the Administrative Procedure Act, any change in the rules like this should require a Notice of Proposed Rulemaking (NPRM). Therefore, it could take a few months before the FCC would change these rules. This now makes a 3-year deadline for the top-55 markets seem much shorter.

REC’s position on the proposed timeline

Parts of REC’s objectives include support for improving the rural quality of life and for digital equity. Both of those objectives play into our positions on this NAB proposal.

REC considers NAB’s proposed timeline ambitious, but neglects the impacts on the viewing public, especially those that are in rural areas where viewers may be resistant to change equipment and to those who are socioeconomically disadvantaged where they may have to choose between having enough money for rent, or buying a new TV or converter box. Again, there is no coupons, no government handout. Compounding the issue is the current uncertainty over how the current executive orders revolving around tariffs will play into all of this; not just affecting those groups, but all others who have not yet purchased ATSC3 equipment.

REC does support an eventual transition to ATSC3, but not on the NAB’s timeline. REC counter-proposed a different timeline that gives TV viewers more time to get a new receiver and for smaller TV stations, including NCE TV stations to be able to raise the capital to purchase the necessary transmission equipment and to enter into channel sharing agreements. We also addressed concerns that in some rural areas, such as the Salisbury, MD market where REC is located, there are only two commercial full-service TV stations. While a simulcast is possible, it may be at the expense of some of the multicast streams that these stations are currently operating in ATSC1.

Markets where all-network simulcasting is already taking place

Under REC’s counterproposal, we look at each market and which of the four major television networks (ABC, CBS, Fox and NBC) are carried on full-service stations (some of these markets may have a network affiliate on a LPTV station). If all of these network affiliates are operating with an ATSC1/ATSC3 simulcast at the time that the NPRM to implement these rules is published in the Federal Register, this will start a three year clock in markets 1~55 and a five year clock in all other markets to complete the transition to ATSC3 and to shut down ATSC1 simulcast operation. Waivers should be available for NCE and other stations that are not one of the top-4 viewed stations in the market that allows the TV station to delay their implementation at that time.

Markets where all-network simulcasting has not yet started

For markets of any size that have not yet had all network affiliates start the simulcast and transition processes, any clock will not start until all network affiliates in the market started the ATSC1/ATSC3 simulcast operation. In those cases, we propose that the Video Division evaluate the status of ATSC3 upgrades by stations and channel sharing agreements for the ATSC1 & 3 operations and if a market now meets the “all networks” criteria, then the Video Division could release a Public Notice to advise that the clock will start on their transition. Once the clock starts, there could be a 3 or 5 year transition period; after which, ATSC1 simulcasting would end and all stations not eligible for waivers would be ATSC3.

A Final Transition Date when all (full-service) ATSC1 must end

To finish the transition, REC proposes a Final Transition Date. This is the date when all full-service ATSC1 operations would be discontinued, including those stations that remained on ATSC1 through a waiver. We propose the Final Transition Date to be 10 years from the date that the Report and Order was published in the Federal Register.

A sample timeline under REC’s concept

Here is how it would work. Let’s say that the Report and Order was published in the Federal Register on October 1, 2025 (yes, that date is likely not possible, but with this Commission, you never know):

• In markets 1~55, where all-network simulcasting has already been taking place, ATSC1 simulcasting will end and all consumers who wish to continue to receive over the air (OTA) TV will need to have a new TV by October 1, 2028.

• In markets 56+, where all-network simulcasting has already been taking place, ATSC1 simulcasting will end and all consumers who wish to continue to receive OTA TV will need to have a new TV by October 1, 2030.

Now, let’s look at markets where all-network simulcasting was not taking place on October 1, 2025. Let’s say that all market simulcasting was achieved on March 17, 2026:

• The Video Division will check once per quarter, let’s say they do this check on April 1, 2026 and they determined that the market is now doing all-network simulcasting.

• The Video Division releases a public notice on April 15, 2026 that the transition clock has started in that market.

• ATSC1 simulcasting will end on April 15, 2031 (if 5 years is used for the transition period) and at that time, consumers will need to have a new TV to receive OTA broadcasts.

In this scenario, all ATSC1 broadcasting by remaining full-service TV stations (such as those on waivers) must end on October 1, 2035.

REC does urge the Commission and the industries to keep tabs on statistics regarding station and consumer adoption as well as consumer penetration rates to determine if dates can be moved up if it is determined that a significant majority of OTA viewers have transitioned to ATSC3 already.

REC position on ACRA receiver mandates

REC supports an interpretation of the All Channel Receiver Act that specifies the requirement that all new television receivers sold in the United States must have the capability of receiving ATSC3 broadcasts.

REC does not support removing any mandates that receivers must also be able to receive ATSC1 broadcasts until a time when LPTV stations, TV translators as well as Canadian and Mexican TV stations have converted to ATSC3 or otherwise have a new terrestrial digital television solution that results in the elimination of their ATSC1 services.

Bottom Line

This is an unfunded mandate. The Commission needs to look at a transition plan that is pro-consumer and takes smaller broadcasters into consideration. Consumers need as much time as they can need to make this transition, but the transition must still happen.. just not as soon as the NAB wants. TV receivers must continue to have ATSC1 capabilities in addition to ATSC3 until all ATSC1 television facilities (primary, secondary and foreign) have transitioned.

In addition, the NAB, the studios and the consumer electronics industry needs to address the lingering digital rights management issues that many early adopters to ATSC3 are experiencing and have a plan to assure that these viewers will have access to all free to air programming before ATSC1 is shut down.

Over the air TV is not going away… it’s just changing.

We support the technology, but we must put consumers first.

REC’s comments in GN Docket 16-142 can be viewed here.

Reply Comments in GN Docket 16-142 are due Friday, June 6, 2025.