[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Rules and Regulations]
[Pages 20076-20077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05047]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[GN Docket No. 16-142; FCC 23-11; FR ID 130372]


Authorizing Permissive Use of the ``Next Generation'' Broadcast 
Television Standard

AGENCY: Federal Communications Commission.

ACTION: Final rule; stay of effectiveness.

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SUMMARY: In this document, the Federal Communications Commission 
(``FCC'' or ``Commission'') announces that it has temporarily stayed 
the March 6, 2023 sunset of the requirement for broadcaster primary 
streams to comply with the ATSC A/322 standard.

DATES: This rule is effective April 5, 2023. Effective April 5, 2023, 
47 CFR 73.682(f)(2)(iii) is stayed indefinitely.

FOR FURTHER INFORMATION CONTACT: For additional information, contact 
Evan Baranoff, [email protected], of the Media Bureau, Policy 
Division, (202) 418-7142. Direct press inquiries to Janice Wise at 
(202) 418-8165.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
FCC 23-11, adopted on March 3, 2023 and released on March 6, 2023. The 
full text of this document is available electronically via the FCC's 
website at https://docs.fcc.gov/public/attachments/FCC-23-11A1.pdf or 
at https://www.fcc.gov/ecfs. (Documents will be available 
electronically in ASCII, Microsoft Word, and/or Adobe Acrobat.) 
Alternative formats are available for people with disabilities 
(Braille, large print, electronic files, audio format), by sending an 
email to [email protected] or calling the Commission's Consumer and 
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(TTY).

Synopsis

    1. By this document the Commission temporarily stays the March 6, 
2023 sunset of the requirement for broadcaster primary streams to 
comply with the ATSC A/322 standard.\1\
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    \1\ 47 CFR 73.682(f) (requiring that, until March 6, 2023, the 
transmission of at least one free over the air primary video 
programming stream comply with the ATSC A/322). The rule, including 
the sunset date, was established in the First Next Gen TV Report and 
Order, 83 FR 4998.
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    2. In 2017, the Commission authorized television broadcasters to 
use the Next Gen TV transmission standard, also called ``ATSC 3.0'' or 
``3.0,'' on a voluntary, market-driven basis. Under Commission rules, 
the requirement for broadcaster primary streams to comply with the ATSC 
A/322 standard, defining the waveforms that ATSC 3.0 signals may take, 
was scheduled to sunset on March 6, 2023. Last June, we issued the 
Sunsets further notice of proposed rulemaking (FNPRM)

[[Page 20077]]

(87 FR 40465, July 7, 2022) seeking comment on, among other things, the 
expiration of this rule, whether to retain the requirement and, if so, 
for how long. That proceeding remains pending.
    3. For the reasons set forth herein, we find good cause to stay, on 
our own motion, the expiration of this rule pending a Commission 
resolution of this issue in the above-referenced proceeding. In 
considering a stay, the Commission considers the four criteria set 
forth in Virginia Petroleum Jobbers Association.\2\
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    \2\ Virginia Petroleum Jobbers Ass'n v. Federal Power 
Commission, 259 F.2d 921, 925 (D.C. Cir. 1958). See also 
Implementation of Sections 309(j) and 337 of the Communications Act 
of 1934 as Amended, Order, 18 FCC Rcd 25491, 25494, para. 6 (2003) 
(73 FR 21843, April 23, 2008) (PLMR Narrowband Stay Order). As 
described in the PLMR Narrowband Stay Order, these criteria are (1) 
a likelihood of success on the merits; (2) the threat of irreparable 
harm absent the grant of preliminary relief; (3) the degree of 
injury to other parties if relief is granted; and (4) the issuance 
of the order will further the public interest.
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    4. We conclude that an interim stay of the A/322 ``sunset'' is 
appropriate under the circumstances. Virtually all commenters 
addressing this question made arguments in favor of at least a 
temporary extension of the requirement to comply with A/322. It is 
unclear whether any consumer receive equipment could display 3.0 
signals that were noncompliant with A/322, meaning the viewing public 
could lose all 3.0 service during any period of noncompliance by 
broadcasters. Furthermore, there is no information in the record 
indicating that any party will be harmed by the grant of an interim 
stay.\3\ In light of the arguments offered by commenters for at least a 
temporary extension, the possibility of harm to the viewing public from 
the disruption of eliminating and then potentially resuming the 
requirement, and the lack of any reasonable expectation of sunset by 
those currently deploying 3.0 service in light of the pendency of this 
proceeding, we find the public interest is best served by preserving 
the status quo during this brief period of time in order to consider 
this open question.
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    \3\ The only commenter in the record supporting an immediate 
sunset of this requirement identified no harms associated with this 
specific rule.
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    5. We therefore stay the sunset of the A/322 rule, pending 
resolution of the Sunsets FNPRM.
    6. Accordingly, it is ordered, that, pursuant to sections 1, 4(i), 
4(j), and 303 of the Communications Act of 1934, as amended, 47 U.S.C. 
151, 154(i), 154(j), 303 and Sec.  1.103 of the Commission's rules, 47 
CFR 1.103, Sec.  73.682(f)(2) of the Commission's rules, 47 CFR 
73.682(f)(2), is amended as set forth in the amendments at the end of 
this document and Sec.  73.682(f)(2)(iii) of the Commission's rules, 47 
CFR73.682(f)(2)(iii), is stayed effective immediately.

List of Subjects in 47 CFR Part 73

    Communications equipment, Television.

Federal Communications Commission.
Marlene Dortch,
Secretary.

    For the reasons stated in the preamble, the Federal Communications 
Commission amends 47 CFR part 73 as set forth below:

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

    Authority:  47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 
336, 339.


0
2. Section 73.682 is amended by:
0
a. Revising paragraph (f)(2); and
0
b. Staying paragraph (f)(2)(iii) indefinitely.
    The revision reads as follows:


Sec.  73.682   TV transmission standards.

* * * * *
    (f) * * *
    (2)(i) Effective March 5, 2018, transmission of Next Gen TV 
broadcast television (ATSC 3.0) signals shall comply with the standards 
for such transmissions set forth in ATSC A/321:2016, ``System Discovery 
and Signaling'' (March 23, 2016) (incorporated by reference, see Sec.  
73.8000). To the extent that virtual channels (specified in the DTV 
transmission standard referenced in ATSC A/65C:2006 in paragraph (d) of 
this section) are used in the transmission of Next Gen TV broadcasting, 
major channel numbers shall be assigned as required by ATSC A/65C:2006 
Annex B (incorporated by reference, see Sec.  73.8000).
    (ii) In addition, such signals shall also comply with the standards 
set forth in ATSC A/322:2017 ``Physical Layer Protocol'' (June 6, 2017) 
(incorporated by reference, see Sec.  73.8000) with respect to the 
transmission of at least one free over the air primary video 
programming stream.
    (iii) Paragraph (f)(2)(ii) of this section will sunset on March 6, 
2023.
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[FR Doc. 2023-05047 Filed 4-3-23; 11:15 am]
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