96-13394. Broadcast Services; Television Stations  

  • [Federal Register Volume 61, Number 104 (Wednesday, May 29, 1996)]
    [Proposed Rules]
    [Pages 26863-26872]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-13394]
    
    
    
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    FEDERAL COMMUNICATIONS COMMISSION
    
    47 CFR Chapter I
    
    [MM Docket No. 87-268; FCC: 96-207]
    
    
    Broadcast Services; Television Stations
    
    AGENCY: Federal Communications Commission.
    
    ACTION: Proposed rule.
    
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    SUMMARY: The Commission proposes to require digital broadcast 
    television licensees to use the digital television (``DTV'') system 
    described by the ATSC (``Advanced Television Systems Committee'') DTV 
    Standard and recommended to the Commission by the Advisory Committee on 
    Advanced Television Service. The Commission also proposes to adopt one 
    or more method of assuring that at some future time the Standard does 
    not inhibit innovation and competition. The intended effect is to 
    ensure that all affected partieis have sufficient confidence and 
    certainty in order to promote the smooth introduction of a free and 
    universally available digital broadcast television service while 
    encouraging technological innovation and competition.
    
    DATES: Comments are due by July 11, 1996, and reply comments are due by 
    August 12, 1996.
    
    ADDRESSES: Federal Communications Commission, 1919 M Street, N.W., 
    Washington, D.C. 20554
    
    FOR FURTHER INFORMATION CONTACT: Roger Holberg, Mass Media Bureau, 
    Policy and Rules Division (202) 418-2134 or Saul Shapiro, Mass Media 
    Bureau, (202) 418-2600.
    
    SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Fifth 
    Further Notice of Proposed Rule Making in MM Docket No. 87-268 , FCC 
    96-207, adopted May 9, 1996, and released May 20, 1996. The complete 
    text of this FNPRM is available for inspection and copying during 
    normal business hours in the FCC Reference Center (Room 239), 1919 M 
    Street, N.W., Washington, D.C., and also may be purchased from the 
    Commission's copy contractor, International Transcription Service, 
    (202) 857-3800, 2100 M Street, N.W., Suite 140, Washington, DC 20037.
    
    Synopsis of Further Notice of Proposed Rule Making
    
    I. Introduction
    
        1. In this proceeding we consider adoption of a digital television 
    (``DTV'') broadcast standard. This action has been recommended to the 
    Commission by its Advisory Committee on Advanced Television Service 
    (``Advisory Committee'' or ``ACATS'').1 We have the following 
    objectives with regard to the authorization and implementation of a DTV 
    standard.2 We seek to ensure that all affected parties have 
    sufficient confidence and certainty in order to promote the smooth 
    introduction of a free and universally available digital broadcast 
    television service. We seek to increase the availability of new 
    products and services to consumers through the introduction of digital 
    broadcasting. We seek to ensure that our rules encourage technological 
    innovation and competition. And we seek to minimize regulation and 
    assure that any regulations we do adopt remain in effect no longer than 
    necessary.
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        \1\ ACATS Report at 19. The Advisory Committee was formed by the 
    Commission on October 16, 1987, pursuant to the Federal Advisory 
    Committee Act (86 Stat. 770, as amended, 5 U.S.C. App. 2 Sec. 1 et 
    seq. (1982 ed. and Supp. V)). It was established ``to assist the 
    Commission in considering the issues surrounding the introduction of 
    advanced television service in the United States.'' (Notice, 52 Fed. 
    Reg. 38523 (October 16, 1987).) The Advisory Committee consisted of 
    a twenty-five member parent committee and three subcommittees--
    Planning, Systems and Implementation. Its membership on the date 
    that the ATSC DTV Standard was recommended to the Commission is at 
    Appendix B.
        \2\ In issuing this Notice, we are requesting comment, inter 
    alia, on whether to accept the conclusions of the Final Report and 
    Recommendation of the Advisory Committee, adopted November 28, 1995 
    (``ACATS Report''), which recommends the Advanced Television Systems 
    Committee Standard A/53 (1995) ATSC Digital Television Standard 
    (``ATSC DTV Standard'') as the standard for DTV broadcasting in the 
    United States. This standard is based on the Advisory Committee 
    design specifications and the Digital HDTV Grand Alliance (``Grand 
    Alliance'') System. The ACATS Report is hereby incorporated into the 
    record of this proceeding. Copies of the ACATS Report are available 
    through the Commission's copy contractor, International 
    Transcription Services. Additionally, the ACATS Report, ACATS Final 
    Technical Report and ATSC DTV Standard are available on the Internet 
    at the ATSC site (http://www.atsc.org).
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    II. Background
    
        2. On February 13, 1987, 58 broadcast organizations 
    (``Petitioners'') filed a joint ``Petition for Notice of Inquiry'' 
    asking the Commission to initiate a proceeding to explore issues 
    arising from the advent of new and advanced television (``ATV'') 
    technologies and their possible impact, in either broadcast or non-
    broadcast uses, on existing television broadcast service. On July 16, 
    1987, as a result of the comments it received in response to the 
    petition, the Commission inaugurated the instant proceeding, ``to 
    consider the technical and public policy issues surrounding the use of 
    advanced television technologies by television broadcast licensees.'' 
    3
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        \3\ Notice of Inquiry in MM Docket No. 87-268, (``First 
    Inquiry''), 2 FCC Rcd 5125 (1987).
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        3. The Commission empaneled the Advisory Committee on Advanced 
    Television Service (ACATS) shortly after having opened the inquiry 
    phase of this proceeding. Among other activities, ACATS designed the 
    detailed testing plans for the system and conducted substantial related 
    studies.
        4. On May 24, 1993 the three groups that had developed the four 
    final DTV systems examined by ACATS agreed to produce a single, best-
    of-the-best system to propose as the standard. The three ventures that 
    joined to become the ``Grand Alliance'' consisted of AT&T and Zenith 
    Electronics Corporation; General Instrument Corporation and 
    Massachusetts Institute of Technology; and Philips Electronics North 
    America Corporation, Thomson Consumer Electronics, and the David 
    Sarnoff Research Center. The standard recommended by ACATS and now 
    before us is based on the system developed, built, and proposed by the 
    Digital HDTV Grand Alliance proposal to ACATS. The system described by 
    the ATSC 4 DTV Standard having been successfully designed, built 
    and tested, in November 1995, the Advisory Committee voted to recommend 
    the Commission's adoption of the ATSC DTV Standard.
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        \4\ ``ATSC'' is the Advanced Television Systems Committee. ATSC 
    currently has 54 members including television networks, motion 
    picture and television program producers, trade associations, 
    television and other electronic equipment manufacturers and segments 
    of the academic community. It was formed by the member organizations 
    of the Joint Committee on InterSociety Coordination (``JCIC'') for 
    the purpose of exploring the need for and, where appropriate, to 
    coordinate development of the documentation of ATV systems. The JCIC 
    is composed of the Electronic Industries Association, the Institute 
    of Electrical and Electronics Engineers, the National Association of 
    Broadcasters, the National Cable Television Association, and the 
    Society of Motion Picture and Television Engineers. The membership 
    of the ATSC when it adopted the ATSC DTV Standard is at Appendix C.
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        5. We believe that the ATSC DTV Standard embodies the world's best 
    digital television technology and promises to permit striking 
    improvements to today's television pictures and sound; to permit the 
    provision of additional services and programs; to permit integration of 
    future substantial improvements while maintaining compatibility with 
    initial receivers; and to permit interoperability with computers and 
    other digital equipment associated with the national information 
    initiative.
    
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    III. The ATSC DTV Standard
    
        6. The five components described in the annexes to the ATSC DTV 
    Standard are video coding, audio coding, transport, RF/transmission and 
    receiver. These five basic components, plus a video format selection 
    function, are sometimes referred to as comprising ``layers'' of the 
    system. Compliance with the ATSC DTV Standard requires some of its 
    provisions be followed, but many of these provisions include numerous 
    acceptable options that the system's users may select. In addition to 
    the required provisions, some additional provisions of the ATSC DTV 
    Standard are recommended but not required, and others are optional. 
    Finally, although it describes the coding and transmission of 
    television video and audio, it also allows transmission of a variety of 
    other services as ``ancillary data.'' This structure makes the system 
    described by the ATSC DTV Standard extremely flexible and gives it room 
    to incorporate a wide range of future improvements.
        7. Format selection: The ATSC DTV Standard supports a variety of 
    scanning formats. Table I shows the number of scanning lines and 
    horizontal picture elements (or pixels) per line, which affect 
    resolution. The 720-line and 1080-line formats below represent high 
    resolution video. The lower-resolution 480-line formats accommodate 
    existing NTSC 5 programming and equipment as well as material 
    designed for viewing on VGA computer monitors.
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        \5\  NTSC refers to the current analog television system. It is 
    named for the National Television System Committee, an industry 
    group that developed the monochrome (black and white) television 
    standard in 1940-41 and the color television standard in 1950-53.
    
                                                         Table I                                                    
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              Vertical lines              Horizontal pixels       Aspect ratio                Picture rate          
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    1080..............................  1920.................  16:9                60I        30P  24P              
     720..............................  1280.................  16:9                     60P  30P  24P               
     480..............................   704.................  16:9  4:3           60I  60P  30P  24P               
     480..............................   640.................        4:3           60I  60P  30P  24P               
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        8. Table I also indicates that the high-resolution formats both use 
    a picture aspect ratio of 16 units horizontally by 9 units vertically 
    (that is, a picture 16 inches wide would be 9 inches tall or one 32 
    inches wide would be 18 inches tall). The choices of 1280 pixels per 
    line for the 720-line format and 1920 pixels per line for the 1080-line 
    format result in square pixels (that is, pixels which are displayed at 
    equal distances, both horizontally and vertically) for both formats, 
    based on the 16:9 aspect ratio. Material in the 480-line by 704-pixel 
    format could use either a 16:9 or a 4:3 aspect ratio.
        9. The picture rates specified in Table I identify the number of 
    images that are sent each second, with an ``I'' designating interlaced 
    scanning and a ``P'' designating progressive scanning. Progressive 
    scanning lines are presented in succession from the top of the picture 
    to the bottom, with a complete image sent in each frame as is commonly 
    found in computer displays today. For interlaced scanning, which also 
    is used in NTSC television, odd and even numbered lines of the picture 
    are sent consecutively, as two separate fields. These two fields are 
    superimposed to create one frame, or complete picture, at the receiver. 
    The picture rates can be 24, 30 or 60 fields per second.
        10. Video coding: For compression of video signals, the ATSC DTV 
    Standard requires conformance with the main profile syntax of the MPEG-
    2 video standard.6 Employing this standard, the amount of data 
    needed to represent television pictures is reduced using a variety of 
    tools, including a motion compensated discrete cosine transform (DCT) 
    algorithm and bidirectional-frame (B-frame) prediction. Each of these 
    tools serves to improve compression efficiency by reducing the total 
    amount of digital information that needs to be transmitted.
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        \6\ MPEG-2 is a video compression and transport standard created 
    by the Moving Picture Experts Group of the International 
    Organization for Standardization (ISO).
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        11. Audio coding: For compression of audio signals, the ATSC DTV 
    Standard requires conformance with ATSC Doc. A/52, the Digital Audio 
    Compression (AC-3) Standard. The AC-3 perceptual coding system, which 
    was developed by Dolby Labs, can encode a complete main audio service 
    which includes left, center, right, left surround, right surround, and 
    low frequency enhancement channels into a bit stream at a rate of 384 
    kilobits per second (kbps). Audio service can also include fewer 
    channels (down to single channel, monophonic service) using a lower bit 
    rate.
        12. Transport: The service multiplex and transport layer of the 
    ATSC DTV Standard is a compatible subset of the MPEG-2 systems standard 
    that describes a means of delivering a digital data stream in fixed-
    length ``packets'' of information. Each packet contains only one type 
    of data: video, audio or ancillary. There is no fixed mix of packet 
    types, which further helps provide flexibility. Channel capacity can be 
    dynamically allocated in the transport layer, under the direct control 
    of the broadcaster. Within the transport layer, the packets of video, 
    audio, closed captioning and any other data associated with a single 
    digital television program are combined using a mechanism to ensure 
    that the sound, pictures and closed captioning information can be 
    synchronized at the receiver. Data describing multiple television 
    programs, or unrelated data for other purposes, are also combined in 
    the transport layer.
        13. RF/Transmission: The transmission layer of the ATSC DTV 
    Standard uses a vestigial sideband (VSB) technique with a small pilot 
    carrier added at the suppressed carrier frequency. The relationship of 
    the pilot carrier frequency to interference to lower adjacent channel 
    NTSC service is discussed in the ``interference'' section below.
        14. Terrestrial broadcasts of DTV will be exposed to situations 
    that include strong interfering signals, electromagnetic noise from 
    numerous sources, and configurations of buildings or terrain features 
    that cause multipath interference. For successful reception under these 
    difficult conditions, an 8-level VSB signal is specified and extensive 
    error correction is provided. Taking into account the transport 
    requirements and error correction, the 8-VSB signal carries an 
    effective useful payload of approximately 19.28 megabits per second 
    (Mbps). For more benign environments, like that provided in a cable 
    system, the ATSC DTV
    
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    Standard includes a 16-level VSB high data rate mode that provides 
    double the capacity of the 8-level VSB terrestrial broadcast mode.
        15. Receiver: The ATSC DTV Standard does not specify requirements 
    for a compliant receiver. In essence, the DTV receiver designs are to 
    be based on the specifications of the signal contained in the other 
    portions of the Standard. The receiver reverses the functions of the 
    RF/transmission and transport layers, and, after decompression, 
    generates video and audio suitable for its display.
        16. Flexibility. The ATSC DTV Standard provides a method of 
    accommodating a broad range of uses. The packetized transport structure 
    is a critical component in achieving this broad level of flexibility. 
    Scrambled packets can be sent, which allows conditional access 
    subscription or pay-per-view services to be delivered.
        17. Extensibility. In the future, new services may be uniquely 
    identified through the use of new packet identifiers that would be 
    ignored by previously deployed digital receivers. Such data could be 
    used to augment DTV programs or could permit new services that have not 
    yet been envisioned. Either extension of the DTV service would require 
    new DTV receivers or new decoder devices to be developed and used in 
    order to obtain the benefits of the new service or functionality, but 
    would not disrupt provision of DTV service to consumers using existing 
    sets. The marketplace would determine the extent to which sets with new 
    functionalities are available.
    
    IV. Adopting the ATSC DTV Standard
    
        18. There is near universal agreement that transmission standards, 
    either de facto or de jure, confer many benefits.7 We believe that 
    the proposals discussed herein would enable consumers, licensees and 
    equipment manufacturers to realize the benefits of standards without 
    unduly restricting innovation and competition.
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        \7\ For a discussion of the benefits of standards, see Stanley 
    M. Besen and Leland L. Johnson, Compatibility Standards, 
    Competition, and Innovation in the Broadcast Industry (Santa Monica, 
    CA: The RAND Corporation, 1986) at 7-9.
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        19. Previous Statements. Previously, we have asked whether 
    mandatory transmission standards serve the public interest. In our 
    initial 1987 Notice of Inquiry in this proceeding, we noted that NTSC 
    standards were established during the television industry's infancy 
    when universal compatibility standards were arguably necessary in order 
    to develop a national television broadcasting system in a timely 
    manner.8 However, we also stated that the continuation of 
    mandatory standards may no longer be necessary and may even be 
    counterproductive.9
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        \8\ First Inquiry, supra at 5135.
        \9\ 1Id.
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        20. In the 1988 Second Inquiry, we continued our examination of 
    whether the NTSC standard should be relaxed or repealed, how standards 
    should be established for advanced television, and whether it would be 
    desirable to require compatibility between advanced television 
    broadcast transmissions and other ATV distribution media.10 In 
    this regard, we asserted that establishing a standard has certain 
    advantages such as pointing the various interested parties in the same 
    direction, reducing the risk to both audiences and broadcasters of 
    investments in systems that might become obsolete if a different system 
    is introduced in the market, and overcoming reluctance to invest in new 
    equipment.11 We also stated that, ``detailed, inflexible standards 
    that have the force of law may reduce consumer choice and prevent the 
    timely introduction of new technology.'' 12
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        \10\ Tentative Decision and Further Notice of Inquiry in MM 
    Docket No. 87-268 (``Second Inquiry''), 3 FCC Rcd 6520, 6534 (1988).
        \11\ Id. at 6534-35.
        \12\ Id. at 6535.
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        21. Subsequent to our statements concerning standards in the 1987 
    and 1988 decisions, as described above, we concluded in 1990 that 
    ``[c]onsistent with our goal of ensuring excellence in ATV service, we 
    intend to select a simulcast high definition television system.'' 
    13 We also stated that, ``parties filing comments in response to 
    the Further Notice generally assume that the Commission will ultimately 
    authorize a system using new technology that will provide HDTV 
    service.'' (Footnote omitted.) 14 The Commission's November 14, 
    1990 Memorandum of Understanding with the Advisory Committee, the 
    Advanced Television Test Center, Inc., Cable Television Laboratories, 
    Inc., and the Canadian Communications Research Centre, said, ``[t]he 
    FCC's stated intention is to select an ATV standard by the second 
    quarter of 1993.''
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        \13\ First Report and Order, 5 FCC Rcd 5626, 5628 (1990).
        \14\ Id.
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        22. Recent Developments. Two recent developments are relevant to 
    whether and, if so, what form of a required standard is desirable. 
    First, the presence of multiple competing systems strengthened the 
    argument for selecting a standard. Today, only one system has been 
    recommended by our Advisory Committee and no other competing technology 
    appears to demonstrate superiority over the ATSC DTV Standard.15 
    Thus, concerns with the possibility of multiple competing systems may 
    be less relevant today.
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        \15\  ACATS Report at 17.
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        23. Second, prior to the development of the ATSC DTV Standard, it 
    was widely believed that the service offered by a licensee would change 
    from one NTSC program stream to one HDTV program stream. Today's 
    digital technologies and improved compression techniques create the 
    opportunity for delivering one, and under special circumstances perhaps 
    two, HDTV program streams, or multiple program streams at lower 
    resolution. Furthermore, digital technologies give each licensee the 
    technical capacity to explore new business opportunities and provide 
    new services. If the ATSC DTV Standard is as dynamic as believed, a 
    required standard will not thwart technical advance.
        24. Analysis of Required Standards. The traditional rationale for 
    requiring a standard arises when two conditions are met.16 First, 
    that there is a substantial public benefit from a standard. Second, 
    private industry either will not, or cannot, produce a standard because 
    the private costs of getting involved in standard setting outweigh the 
    private benefits, or a number of different standards have been 
    developed and private industry cannot agree which should become the 
    standard. The second condition may not be applicable in view of the 
    strong industry coalescence around the ATSC DTV Standard. However, we 
    believe that the first condition applies to DTV. Television today is a 
    ubiquitous service that is available to almost every American household 
    and is relied on by a majority of Americans as their primary news and 
    information source.17
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        \16\ Stanley M. Besen and Garth Saloner, ``The Economics of 
    Telecommunications Standards,'' in Changing the Rules: Technological 
    Change, International Competition, and Regulation in Communications, 
    Robert W. Crandall and Kenneth Flamm, editors (The Brookings 
    Institute, 1989).
        \17\ Seventy-two percent of Americans rely on television as 
    their primary source of news. NTVA, Roper-Starch, NAB, America's 
    Watching--Public Attitudes Toward Television-1995, at 17.
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        25. A required standard may provide additional certainty to 
    consumers, licensees, and equipment manufacturers, especially during 
    the launch of this new technology. A required standard may protect 
    consumers against losses by assuring them that their investments in DTV 
    equipment will not be made obsolete by a different technology. In 
    addition, requiring use of a single standard
    
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    guarantees compatibility. This assures consumers that the DTV equipment 
    they purchase to view one television station can be used to view every 
    other television station. The compatibility guaranteed by a single 
    required standard may also reduce consumer costs by eliminating the 
    need to purchase duplicative equipment or special devices to convert 
    from one standard to another. Finally, a required standard may lead to 
    a more rapid development and acceptance of DTV equipment. Absent a 
    required standard, some consumers and licensees may be reluctant to 
    purchase DTV equipment if they believe that different DTV technologies 
    may become available in the near future. A required standard may reduce 
    such ``wait and see'' behavior.
        26. Although there are benefits to required standards, there also 
    may be certain costs. One may be deterrence of technical 
    innovations.18 Over time, we expect that normal technological 
    progress will lead to improvements. If subsequent technological 
    improvements cannot be readily incorporated into the ATSC DTV Standard, 
    the Standard could lock the broadcast market into less than optimal 
    technology. Required standards also may reduce some forms of 
    competition while enhancing others. With required standards, equipment 
    manufacturers cannot compete by offering differentiated products using 
    different technologies. As such, a primary cost of required standards 
    is loss of variety.19 On the other hand, required standards, which 
    are licensed to everyone on a non-discriminatory basis, may intensify 
    the more conventional forms of competition, such as price, service, and 
    product features.20
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        \18\ For an overview of the characteristics of the television 
    broadcast market that contribute to the inertia of established 
    standards see Bruce M. Owen and Steven S. Wildman, Video Economics, 
    (Harvard University Press, 1992): 260-313. For a more general 
    discussion of the characteristics of one-way and two-way 
    communications systems that affect the adoption of technology see 
    Michael L. Katz and Carl Shapiro, ``Systems Competition and Network 
    Effects,'' Journal of Economic Perspectives (Spring 1994): 93-115.
        \19\ Katz and Shapiro, supra at 110.
        \20\ Stanley M. Besen and Joseph Farrell, ``Choosing How to 
    Compete: Strategies and Tactics in Standardization, Journal of 
    Economic Perspectives (Spring 1994): 117-131.
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        27. As we weigh the benefits and costs of required standards, we 
    note that for MMDS and new services like PCS, DBS, and DARS, we have 
    decided to allow the marketplace to determine transmission standards. 
    We recognize that these decisions were made in a context different from 
    that of terrestrial broadcast television, an established industry upon 
    which the American people rely for both information and entertainment. 
    Additionally, unlike these other services, free over-the-air broadcast 
    television is a mass market media serving nearly all of the American 
    public nationwide rather than a subscription service in which the 
    service provider may supply the reception equipment.21 In this 
    context, the goals of certainty and reliability take on a different 
    significance than may have been present with respect to other 
    communications services and strengthens the case for our adoption of a 
    DTV standard.
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        \21\ America's Watching--Public Attitudes Toward Television--
    1995, supra, at p. 3. Even nearly 60% of viewing in cable television 
    households is of the programming of broadcast television stations. 
    NCTA, Cable Television Developments, Fall 1995, at 5.
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        28. Proposal. We propose to adopt the ATSC DTV Standard. We 
    tentatively conclude that requiring the use of the ATSC DTV Standard is 
    appropriate because it would provide a measure of certainty and 
    confidence to manufacturers, broadcasters and consumers, thus helping 
    assure a smooth implementation of digital broadcast television and the 
    preservation of a free and universally available broadcast television 
    service.
        29. The digital television system that has been recommended by the 
    Advisory Committee appears to be dynamic, flexible and high quality. It 
    provides a variety of picture formats that will allow broadcasters to 
    select the one most appropriate for their program material, ranging 
    from very high resolution providing the best possible picture quality 
    to multiple programs of lower resolution, which could result in 
    increased choices for viewers. Even at the lower resolutions, the 
    recommended system represents a clear improvement over the current NTSC 
    standard.
        30. Use of the ATSC DTV Standard also represents a rare opportunity 
    to increase significantly the efficient use of broadcast spectrum. The 
    ATSC DTV Standard will allow channels unusable in the NTSC analog 
    environment to be assigned for digital broadcasting between existing 
    NTSC channels. It was designed to be flexible enough to incorporate 
    future improvements, including those resulting in ever higher 
    resolution, that the Advisory Committee believes will be made possible 
    by future advances in compression and display technology.
        31. We believe that the ``headroom'' for innovation incorporated in 
    the ATSC DTV Standard, along with the desirability of providing 
    certainty and confidence, argue in favor of a required standard. In 
    addition, the flexibility of the ATSC DTV Standard significantly 
    reduces some of the potential detriments associated with a required 
    standard as the new technology is being launched. The packetized 
    structure of the data transport, as described above, ensures a 
    flexibility that will permit the DTV licensee to provide, for instance, 
    several standard definition programs, or one high-definition program, 
    or some standard definition programming together with data transfer or 
    electronic publishing on the remaining bit streams, and to switch 
    instantaneously between such applications. Other applications are 
    limited primarily by the imagination of the DTV licensee. This means 
    that a wide array of innovations can be introduced without Commission 
    action.
        32. We seek comment on the tentative conclusion that we will 
    require use of the ATSC DTV Standard. Assuming that we do require the 
    use of the ATSC DTV Standard by digital television licensees, we 
    request comment on whether we should place the Standard into our rules 
    in its entirety or whether we should incorporate it by 
    reference.22
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        \22\ See Letter dated April 2, 1996, submitted for the record by 
    Joseph P. Markoski of the law firm of Squire, Sanders & Dempsey on 
    behalf of the EIA and the EIA Advanced Television Committee. The 
    letter cites as precedent for incorporating the standard into our 
    Rules by reference Sections 73.682(a)(14), 73.682(a)(21)(iv) and 
    15.31(a)(6) of the Commission's Rules. A similar, but alternative, 
    proposal would be to publish the Standard not in our Rules but, 
    rather, as an OET technical bulletin.
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        33.While we propose to require digital television licensees to use 
    the ATSC DTV Standard, we recognize that the benefits of a required 
    standard may become attenuated over time, as the costs of a requirement 
    may increase. At some point, when the new digital broadcasting 
    technology has become firmly established, requirements designed to 
    promote certainty and to foster a smooth implementation of digital 
    television may no longer be necessary. Meanwhile, over time, the 
    likelihood increases that there will be technological innovation that 
    even the flexible ATSC DTV Standard may not be able to accommodate. In 
    addition, given the pace of technological change, it is likely that 
    there will be unforeseeable innovations that are incompatible with the 
    ATSC DTV Standard. As long as there is a requirement in our rules that 
    DTV licensees use only the ATSC DTV Standard, such innovations could 
    not be introduced to consumers without a potentially costly and time-
    consuming Commission proceeding. That, in turn, could reduce the 
    incentive to conduct the research and development that leads to 
    innovation.
        34.In addition to ensuring that the Commission's rules promote the 
    rapid
    
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    introduction of digital television broadcasting, we seek in this 
    proceeding to adopt rules that encourage further innovation by those 
    who have devised the ATSC DTV Standard as well as new entrants. We also 
    seek to minimize our regulations and to have the regulations that we do 
    adopt remain in effect no longer than necessary. We are mindful, 
    finally, of the spirit of the recently adopted Telecommunications Act 
    of 1996, which seeks, ``[t]o promote competition and reduce regulation 
    in order to secure lower prices and higher quality services for 
    American telecommunications consumers and encourage the rapid 
    deployment of new telecommunications technologies.'' 23
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        \23\ Preamble to Pub. L. 104-104, 110 Stat. 56 (1996).
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        35. There are several options that arguably could accomplish these 
    goals and we propose to adopt one, or more than one in 
    combination.24 The Commission could proceed under its current 
    processes for regulatory evolution and change, which include 
    consideration, as appropriate, of requests from parties to amend its 
    rules and reviews initiated by the agency.
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        \24\  These options are not necessarily incompatible. For 
    example, we could adopt a sunset provision but also provide for 
    Commission review of the Standard prior to the sunset.
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        36. Alternatively, the Commission could commit itself to conduct a 
    proceeding to review the Standard at some future time. If the 
    Commission chooses this option, should a review be structured to place 
    the burden of persuasion on those seeking to continue requiring a 
    standard or on those seeking to eliminate the requirement? When should 
    such a review take place? Should we select a specific date or should we 
    link the review to an objective event?
        37. Finally, the Commission could establish a period of time after 
    which the ATSC DTV Standard no longer would be required or exclusive. 
    At the conclusion of some meaningful period of time, digital licensees 
    would be free to use any technology that does not interfere with users 
    of the ATSC DTV Standard. If such a sunset provision were to be 
    adopted, how should we determine when the mandatory aspects of our 
    rules would expire?
        38. Commenters are encouraged to comment on the foregoing and to 
    propose other options. In so doing, they should provide a thorough 
    explanation of the benefits and detriments of their options and an 
    explanation of how their options serve the goals that we have outlined 
    above.
        39.Finally, we seek comment on alternative approaches to requiring 
    a standard, including those the Commission has previously identified: 
    (1) authorizing use of a standard and prohibiting interference to it, 
    but not requiring the use of that standard; 25 and (2) adopting a 
    standard for allocation and assignment purposes only.26 We also 
    seek comment on requiring use of some layers of the ATSC DTV Standard 
    (described more fully above) but making others optional. For example, 
    would it be desirable to require digital licensees to use the RF/
    transmission layer of the ATSC DTV Standard, while leaving them free to 
    choose coding and compression technologies different from those 
    described in the ATSC DTV Standard?
    ---------------------------------------------------------------------------
    
        \25\ Second Inquiry, supra at 6535.
        \26\ Id.
    ---------------------------------------------------------------------------
    
        40. Acceptability of the ATSC DTV Standard. Although the ATSC DTV 
    Standard has many supporters, it also has its critics. Some in the 
    computer industry argue that the presence of interlaced scanning 
    formats, the 60 Hz transmission rate, aspect ratios, colorimetry and 
    non-square pixel spacing in the ATSC DTV Standard all merit further 
    consideration.27 Proponents of the ATSC DTV Standard respond that 
    the Standard was developed for terrestrial broadcasting but has 
    incorporated significant elements to enhance compatibility with 
    computers.28 With respect to the issue of the presence of 
    interlaced scanning in the proposed Standard, the Grand Alliance argues 
    that, ``* * * the Grand Alliance HDTV system emphasizes progressive 
    scan--five of the six HDTV formats are progressive scan, and the 
    Advisory Committee believes that the lone interlaced format should be 
    `migrated' to progressive as soon as improvements in digital 
    compression and transmission technology make an over-1000 line, 60 Hz 
    progressively scanned format achievable within a 6 MHz terrestrial 
    channel.'' 29
    ---------------------------------------------------------------------------
    
        \27\ See Comments of Apple Computer, Inc., and Microsoft 
    Corporation, in response to the Fourth Further Notice of Proposed 
    Rule Making and Third Notice of Inquiry in MM Docket No. 87-268 
    (``Fourth Further Notice''), 10 FCC Rcd 10540 (1995).
        \28\ Letter of Stanley Baron, President, Society of Motion 
    Picture and Television Engineers (``SMPTE''), 28 August 1995, at 2, 
    Memo of Paul Misener, ACATS, to Fiona Branton, ITI (``Misener 
    Memo''), August 18, 1995, at 1-2. Reply Comments of the Digital HDTV 
    Grand Alliance, in response to the Fourth Further Notice, at 38 and 
    40.
        \29\ Reply Comments of the HDTV Grand Alliance, supra at 40.
    ---------------------------------------------------------------------------
    
        41. There also has been objection from cinematographers to the 16:9 
    aspect ratio contained in the ATSC DTV Standard. They are concerned 
    that the proposed Standard may limit broadcasters' ability to display 
    the full artistic quality of their work. They suggest, instead, that 
    HDTV be displayed in a 2:1 aspect ratio. In reply, the Society of 
    Motion Picture and Television Engineers (SMPTE) states that the 16:9 
    aspect ratio was established by the SMPTE Working Group on High 
    Definition Electronic Production in 1985 on the basis of studies of the 
    requirement for both motion picture and television production. 
    Moreover, it states that the value of 16:9 for aspect ratio was decided 
    upon only after long debate and that ``due consideration was given to 
    the then current practices both in North America and around the 
    world.'' 30 SMPTE states that it has been demonstrated that there 
    is no difficulty in accommodating program material or motion picture 
    films of any reasonable aspect ratio within the 16:9 format and that 
    material originally composed for a 2:1 aspect ratio could be 
    accommodated by leaving 11% of the vertical space unused.31
    ---------------------------------------------------------------------------
    
        \30\ Letter of Stanley Baron, President, Society of Motion 
    Picture and Television Engineers, 18 August 1995, at 2.
        \31\ Id. at 3. In this regard it notes that there is a broad 
    range of aspect ratios that has been employed in modern times and 
    that there is no single aspect ratio that is usable universally.
    ---------------------------------------------------------------------------
    
        42. Additionally, we note that low power television station 
    (``LPTV'') operators generally want to be included in the 
    implementation of digital technology, and have suggested that, if LPTV 
    is excluded, its continued viability would be jeopardized. LPTV 
    commenters are concerned that any standards that could adversely affect 
    their operations be thoroughly documented in this proceeding.32
    ---------------------------------------------------------------------------
    
        \32\ See, e.g., Comments of Abacus Television in response to the 
    Fourth Further Notice, at 24-25.
    ---------------------------------------------------------------------------
    
        43. We seek comment on these issues. We believe that those opposing 
    our mandate of the ATSC DTV Standard should have the burden of 
    persuasion as to why that standard should not be adopted.
    
    V. Protection From Interference
    
        44. Protection from interference is a fundamental Commission 
    function that must be considered when introducing new technologies into 
    spectrum allocations currently in use. In addition to criteria we will 
    propose in the near future, when we propose an initial Table of DTV 
    Allotments and associated technical criteria, there are some 
    interference-related aspects of the ATSC DTV Standard that we shall 
    explore now. In the following paragraphs, we solicit comment on 
    limitations on stations using the ATSC DTV Standard that might be 
    needed to avoid
    
    [[Page 26869]]
    
    objectionable interference to reception of either existing NTSC service 
    or the reception of other stations that use the ATSC DTV Standard.
        45. First, we propose to adopt an emission mask, limiting the out-
    of-channel emissions from a DTV station transmitter, measured after any 
    external filter that may be used and based on a measurement bandwidth 
    of 500 kHz. We seek comment on the following emission mask: (A) at the 
    channel edge, emissions attenuated no less than 35 dB below the average 
    transmitted power; (B) more than 6 MHz from the channel edge, emissions 
    attenuated no less than 60 dB below the average transmitted power; and 
    (C) at any frequency between 0 and 6 MHz from the channel edge, 
    emissions attenuated no less than the value determined using the 
    following formula:
    
    Attenuation in dB=35+[(f)2/1.44]
    
    Where: f=frequency difference in MHz from the edge of the 
    channel
    
        This proposal is derived from analysis of the ACATS test results 
    for protection of adjacent channel stations. The attenuation level is 
    based on an assumption that the average DTV power in a 6 MHz channel is 
    12 dB less than the NTSC station effective radiated power (ERP). This 
    power difference provides approximately equal noise limited coverage 
    for DTV and NTSC stations in the UHF frequency band. If DTV stations 
    are permitted to operate in a co-located adjacent channel arrangement 
    with average DTV power exceeding that assumed value, greater 
    attenuation of the out-of-band emissions may be required.
        46. Second, ACATS has reported interference from an upper-adjacent 
    channel DTV signal to reception of an NTSC station that is related to 
    the precise location of the DTV signal pilot carrier frequency.33 
    To prevent interference to NTSC receivers from this source, we are 
    proposing to require an ATSC DTV Standard station pilot frequency to be 
    located 5.082138 MHz above the visual carrier of the lower adjacent 
    channel NTSC station. The above stated frequency difference between the 
    NTSC visual carrier and the DTV VSB pilot would need to be maintained 
    within a tolerance of 3 Hz.34
    ---------------------------------------------------------------------------
    
        \33\ ACATS Final Technical Report at 5.2.8.
        \34\ See Annex to ACATS Report, Record of Test Results for 
    Digital HDTV Grand Alliance System (October 1995), at I-14-67.
    ---------------------------------------------------------------------------
    
        47. Third, we propose to specify the maximum power for each DTV 
    station as an average power across the occupied bandwidth, so an 
    appropriate method or methods of determining operating power will be 
    different from the established NTSC procedures, which determine the 
    power transmitted during each synchronizing pulse (peak power). We 
    propose that stations using the ATSC DTV Standard would be allowed to 
    determine their average power using conventional RMS averaging power 
    meters.
        48. We seek comment on all of the foregoing including whether the 
    proposed limits on out-of-channel emissions, pilot carrier frequency 
    tolerance and average power determination are appropriate and represent 
    the minimum necessary requirements for controlling the interference 
    potential of stations operating in conformance with the ATSC DTV 
    Standard. We also seek comment on whether the proposed limits are 
    sufficient for this purpose, or if other parameters also need to be 
    constrained.
        49. In addition to rules restricting broadcast stations that relate 
    to interference concerns, there are many rules that establish 
    procedures or have been applied broadly to all broadcast stations. We 
    propose to modify many of them to include DTV, or to adapt them and 
    create new DTV rules, as appropriate so that eligible licensees might 
    move quickly to introduce this new technology to consumers. A 
    preliminary list of these technical and procedural rules is attached as 
    Appendix A. We seek comment on whether they should be modified to 
    include DTV, be changed to treat DTV differently than NTSC or other 
    broadcast services are treated, or if they need not be applied to DTV. 
    Commenters addressing this issue should provide specific 
    recommendations, rule-by-rule, as to the modifications they advocate.
    
    VI. Interoperability
    
        50. Cross-Industry Interoperability. Compatibility with other 
    transmission forms and media applications has been an important issue 
    throughout this proceeding. Since its inception, ACATS emphasized the 
    need for DTV broadcasting technology to be interoperable with 
    alternative media.35 In addition, ACATS has recognized that 
    interoperability takes on critical importance given the future needs 
    for high resolution digital imagery and the development of a National 
    Information Infrastructure. ACATS believes that the ATSC DTV Standard 
    is suitably interoperable with other video delivery media and imaging 
    systems, including cable television, direct broadcast satellite, and 
    computer systems.
    ---------------------------------------------------------------------------
    
        \35\ This description of the ACATS position on interoperability 
    is largely derived from the ACATS Report at 15-16.
    ---------------------------------------------------------------------------
    
        51. The working party and an ``interoperability review panel'' also 
    adopted a list of eleven characteristics critical to interoperability 
    based on the needs and desires exhibited by alternative media 
    advocates.36 ACATS believes the Grand Alliance video system 
    adequately addresses all eleven factors and strikes the best balance 
    between various technical considerations and needs of different 
    industries. It is a balance that has been endorsed by, among others, a 
    subgroup of the Federal Government's Information Infrastructure Task 
    Force, the 1994 NIST/ARPA Workshop on Advanced Digital Video, and the 
    Information Technology Industry Council (``ITI'').37 We request 
    comment on the level of interoperability between the ATSC DTV Standard 
    and alternative media and on the ACATS Report's conclusion that it is 
    adequate. Are there any critical interoperability problems that remain? 
    What additional actions, if any, might the Commission take to 
    facilitate interoperability? We ask that in commenting on this issue, 
    commenters provide specific technical or economic analyses upon which 
    we can make our decision.
    ---------------------------------------------------------------------------
    
        \36\ ACATS Report, Appendix I.
        \37\ ACATS Report at 16. See also Information Technology 
    Industry Council, ``Position Statement on Standards for Advanced 
    Television,'' October 31, 1995, at 1-2. We note that subsequently 
    ITI stated that the ATSC DTV Standard ``will be an important part of 
    a diverse and flexible NII'' and ``urges the Commission to promptly 
    adopt and implement'' it, but without the interlace options, stating 
    that it believes ``a truly interoperable ATV system will require the 
    exclusive use of progressive scan.'' See Comments of the Industry 
    Information Technology Industry Council filed in response to the 
    Fourth Further Notice, at 2-3.
    ---------------------------------------------------------------------------
    
        52. With digital technologies, differences in transmission methods 
    could develop between broadcast and alternative media if an appropriate 
    variant of the ATSC DTV Standard is not required for alternative media. 
    There is no guarantee that alternative media will choose the ATSC DTV 
    Standard. In our Second Inquiry, we expressed ``our tentative view that 
    ATV compatibility among alternative media also may develop in an 
    appropriate manner without government involvement.'' 38 While we 
    recognized that there may be benefits to compatibility, we added that 
    ``we do not intend to retard the introduction of ATV on non-broadcast 
    media, nor do we intend at this point to require compatibility among 
    the various media or set specific signal or equipment
    
    [[Page 26870]]
    
    standards for this purpose.'' 39 We seek comment on whether this 
    view remains correct.
    ---------------------------------------------------------------------------
    
        \38\ Second Inquiry, supra at 6537.
        \39\ Id. 
    ---------------------------------------------------------------------------
    
        53. In the Cable Television Consumer Protection and Competition Act 
    of 1992 (1992 Cable Act), Congress expressed concern about 
    compatibility between consumer electronics equipment and cable 
    systems.40 We are aware of concern within the broadcast industry 
    that, for example, cable systems may voluntarily adopt QAM modulation 
    in lieu of VSB modulation specified in the ATSC DTV Standard. Some 
    cable system operators suggest deploying a DTV system that does not use 
    B-frames. While we understand that technical distinctions between 
    broadcast and cable may at some extreme cause consumer harm, we also 
    recognize that it is in the economic interests of the providers to 
    ensure consumers have access to the most desirable programming. Today, 
    nearly 60 percent of cable viewing hours are spent watching broadcast 
    programming, much of which is provided under retransmission consent 
    agreements. In light of these concerns, we seek comment on whether the 
    public interest would be served by Commission involvement to assure 
    compatibility between digital broadcast standards and digital cable 
    standards. Similarly, there would appear to be advantages and 
    disadvantages to Commission involvement to assure compatibility between 
    other existing and potential competing video delivery methods, 
    including DBS, MMDS, Instructional Television Fixed Service (``ITFS'') 
    and open video systems. We seek comment on the considerations that 
    apply in these different environments.
    ---------------------------------------------------------------------------
    
        \40\ See Cable Television Consumer Protection and Competition 
    Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460, (1992). Section 17 
    of the 1992 Cable Act added a new Section 624A to the Communications 
    Act of 1934, which has been implemented by First Report and Order in 
    ET Docket No. 93-7, 9 FCC Rcd 1981 (1994). Section 301 of the 
    Telecom Act, in turn, has modified Section 624A.
    ---------------------------------------------------------------------------
    
    VII. Other Issues
    
        54. Receiver Standards and Related Features. In the Fourth Further 
    Notice, we solicited comment on whether DTV receivers should be 
    required to have the ability to receive both SDTV and HDTV 
    transmissions, whether we should regulate how such signals should be 
    displayed and whether permitting the manufacture only of ``all format'' 
    receivers capable of displaying NTSC, SDTV and HDTV signals would be 
    consistent with the All-Channel Receiver Act or otherwise in the public 
    interest.41
    ---------------------------------------------------------------------------
    
        \41\ Id. at 10552.
    ---------------------------------------------------------------------------
    
        55. Now, however, we have the ATSC DTV Standard before us. In Annex 
    E, it indicates that our current TV rules should be appropriate for the 
    digital TV service with respect to tuner performance, direct pickup and 
    closed captioning.42 It notes that a 10 dB ``noise figure'' was 
    used for spectrum planning purposes and it expects that value to be 
    appropriate. Additionally, the ATSC DTV Standard indicates that any 
    decoder interface standards we adopt for NTSC ``cable-ready'' receivers 
    in ET Docket No. 93-7 will almost certainly provide a basis for rules 
    concerning this aspect of digital TV receivers.43 In its Final 
    Report, the Technical Subgroup of ACATS recommended that the Commission 
    require that receivers (and set-top boxes designed to receive ATV 
    broadcasts for display on NTSC sets) be able to receive adequately all 
    DTV formats.44 In response to the Fourth Further Notice, some 
    commenters expressed concerned that such a requirement might have a 
    large effect on either reception quality or receiver costs.45 We 
    request comment on the importance of this requirement for compatibility 
    between receivers and broadcast signals. What level of reception 
    performance should be considered adequate? Given our proposal that 
    licensees must use the ATSC DTV Standard, is such a requirement 
    necessary? We seek comment on necessary adjustments to the existing TV 
    receiver rules so that they cover digital TV receivers.
    ---------------------------------------------------------------------------
    
        \42\ ATSC DTV Standard at 61-64. Note that it describes 
    ``appropriate'' as meaning that the existing rules for NTSC which 
    are referenced contain most elements of future rules for digital 
    television and, further, the rules may be expanded to cover digital 
    television.
        \43\ First Report and Order in ET Docket No. 93-7, supra. 
    Although the Commission adopted requirements for television 
    receivers to be marketed as ``cable-ready,'' an open issue in that 
    proceeding is a standard for a decoder interface.
        \44\ ACATS Report at 20.
        \45\ See, e.g., Comments of the Electronic Industries 
    Association and the Advanced Television Committee at 16. See also 
    Comments of Zenith Electronics Corporation at 4.
    ---------------------------------------------------------------------------
    
        56. Licensing Technology. We have previously stated that in order 
    for DTV implementation to be fully realized, the patents on a DTV 
    standard would have to be licensed to other manufacturing companies on 
    reasonable and nondiscriminatory terms.46 In response, the 
    Advisory Committee's testing procedures have required proponents of any 
    DTV system to follow American National Standards Institute patent 
    policies which require assurance that: (1) a license will be made 
    available without compensation to applicants desiring to utilize the 
    license for the purpose of implementing the standard; or (2) a license 
    will be made available to applicants under reasonable terms and 
    conditions that are demonstrably free of any unfair 
    discrimination.47 We seek comment on whether we should require 
    more detailed information on the specific terms, if any, for patenting 
    and licensing the ATSC DTV Standard.
    ---------------------------------------------------------------------------
    
        \46\ Notice of Proposed Rule Making in MM Docket No. 87-268, 6 
    FCC Rcd 7024, 7035 (1991); Second Report and Order/Further Notice of 
    Proposed Rule Making in MM Docket No. 87-268, 7 FCC Rcd 3340, 3358 
    (1992); Memorandum Opinion and Order/Third Report and Order/Third 
    Further Notice of Proposed Rule Making in MM Docket 87-268, 7 FCC 
    Rcd 6924, 6982 (1992).
        \47\ Advisory Committee ATV Test Procedures Test Management Plan 
    at Sec. 2.1.
    ---------------------------------------------------------------------------
    
        57. International Trade. We recognize that other countries may 
    choose other digital television systems that they feel more 
    appropriately meet their needs, expectations or national priorities. 
    Their systems may well be incompatible with the ATSC DTV Standard. 
    Would our proposal here serve to enhance competitiveness of a U.S. 
    system worldwide and what are the benefits associated with such a 
    result? Will a requirement to use the ATSC DTV Standard as the sole 
    authorized system exacerbate or enhance the opportunities of U.S. based 
    content providers, equipment manufacturers or other parties? 
    Additionally, to increase international compatibility, the Grand 
    Alliance adopted the MPEG-2 video stream syntax for encoding of video 
    and the MPEG-2 transport stream syntax for the packetization and 
    multiplexing of video, audio and data signals. Should we pursue 
    additional measures to facilitate international compatibility?
        58. Captioning. Section 305 of the Telecommunications Act of 1996 
    48 requires the Commission, within 18 months after the date of 
    enactment of the Telecom Act, to prescribe regulations to assure that 
    video programming is fully accessible through the provision of closed 
    captions. The ATSC DTV Standard reserves a fixed 9600 bits-per-second 
    data rate for closed captioning.49 We understand that EIA's R4.3 
    Subcommittee on TV Data Systems is considering a standard to define the 
    syntax for the data, as well as the issue of how to include closed 
    captioning information for multichannel SDTV transmissions. Any 
    comments parties may have concerning the ability of DTV to include 
    captioning and how the Commission should implement
    
    [[Page 26871]]
    
    captioning requirements for DTV may be filed in response to this 
    Further Notice.
    ---------------------------------------------------------------------------
    
        \48\ Pub. L. No. 104-104, 110 Stat. 56 (1996).
        \49\ ATSC DTV Standard at 26.
    ---------------------------------------------------------------------------
    
    Administrative Matters
    
        59. Pursuant to applicable procedures set forth in Sections 1.415 
    and 1.419 of the Commission's Rules, 47 C.F.R. Sections 1.415 and 
    1.419, interested parties may file comments on or before 45 days after 
    publication in the Federal Register, and reply comments on or before 30 
    days after comments are due. To file formally in this proceeding, you 
    must file an original plus six copies of all comments, reply comments, 
    and supporting comments. If you want each Commissioner to receive a 
    personal copy of your comments, you must file an original plus eleven 
    copies. You should send comments and reply comments to Office of the 
    Secretary, Federal Communications Commission, 1919 M Street, N.W., 
    Washington, D.C. 20554. Comments and reply comments will be available 
    for public inspection during regular business hours in the FCC 
    Reference Center (Room 239), 1919 M Street, N.W., Washington, D.C. 
    20554.
        60. This is a non-restricted notice and comment rulemaking 
    proceeding. Ex parte presentations are permitted, except during the 
    Sunshine Agenda period, provided they are disclosed as provided in the 
    Commission Rules. See generally 47 C.F.R. Sections 1.1202, 1.1203, and 
    1.1206(a).
    
    Initial Regulatory Flexibility Act Statement
    
    I. Reason for Action
    
        The Commission seeks comment on a variety of issues concerning 
    whether to adopt a technical standard for digital television and, if 
    so, whether that standard should be the one reported to the Commission 
    by the Advisory Committee on Advanced Television Systems.
    
    II. Objectives of the Action
    
        The Fifth Further Notice of Proposed Rule Making solicits comment 
    on a variety of issues, in order to establish an accurate, 
    comprehensive, reliable record on which to base the Commission's 
    ultimate decisions in this proceeding. The record established from 
    comments filed in response to this decision, as well as other 
    Commission decisions, and the combined efforts of the Commission, the 
    affected industries, the Advisory Committee on Advanced Television 
    Service, and the DTV testing process, will lead to implementation of 
    DTV in the most harmonious fashion and to selection of the most 
    desirable DTV system.
    
    III. Legal Basis
    
        Authority for this action may be found at 47 U.S.C. Secs. 154 and 
    303.
    
    IV. Reporting, Recordkeeping and Other Compliance Requirements
    
        Such requirements are not proposed in this phase of the proceeding, 
    but may be raised and comment sought in future decisions in this 
    proceeding.
    
    V. Federal Rules Which Overlap, Duplicate or Conflict With These Rules
    
        There are no rules which would overlap, duplicate, or conflict with 
    these rules.
    
    VI. Description, Potential Impact and Number of Small Entities Involved
    
        There are approximately 1,546 UHF and VHF, commercial and 
    educational television stations, 2,587 UHF translator stations, 2,275 
    VHF translator stations, and 1,825 UHF and VHF low power television 
    stations which would be affected by decisions reached in this 
    proceeding. The impact of actions taken in this proceeding on small 
    entities would ultimately depend on the final decisions taken by the 
    Commission. However, the Commission, in taking future action will 
    continue to balance the need to provide the public with affordable, 
    flexible, accessible digital broadcast television service with the 
    economic and administrative interests of the affected industries.
    
    VII. Any Significant Alternatives Minimizing the Impact on Small 
    Entities Consistent with Stated Objectives.
    
        This Fifth Further Notice of Proposed Rule Making is intended to 
    examine the issue of what, if any, transmission standard for digital 
    television should be adopted by the Commission. In so doing, we are 
    soliciting comments and suggestions that hopefully will represent the 
    views of all of the industries concerned, and thus the Commission will 
    be better able to minimize whatever negative impact might face small 
    entities as a result of our decisions.
    Ordering Clause
        61. Accordingly, it is ordered That pursuant to the authority 
    contained in Sections 4 and 303 of the Communications Act of 1934, as 
    amended, 47 U.S.C. Sections 154 and 303, this Fifth Further Notice of 
    Proposed Rule Making IS ADOPTED.
        62. Additional Information: For additional information regarding 
    this proceeding, contact Saul Shapiro (202-418-2600) or Roger Holberg 
    (202-418-2134), Mass Media Bureau.
        63. As required by Section 603 of the Regulatory Flexibility Act, 
    the Commission has prepared an Initial Regulatory Flexibility Analysis 
    (IRFA) of the expected impact on small entities of the proposals 
    suggested in this document. The IRFA is set forth above. Written public 
    comments are requested on the IRFA. These comments must be filed in 
    accordance with the same filing deadlines as comments on the rest of 
    the Notice, but they must have a separate and distinct heading 
    designating them as responses to the Initial Regulatory Flexibility 
    Analysis. The Secretary shall send a copy of this Fifth Further Notice 
    of Proposed Rule Making, including the Initial Regulatory Flexibility 
    Analysis, to the Chief Counsel for Advocacy of the Small Business 
    Administration in accordance with paragraph 603(a) of the Regulatory 
    Flexibility Act. Public Law 96-354, 94 Stat. 1164, 5 U.S.C. Section 601 
    et seq. (1981).
    
    Federal Communications Commission.
    William F. Caton,
    Acting Secretary.
    
    Appendix A
    
        Additional procedural or general broadcast rules that may be 
    modified or adapted for DTV.
    
    Sec.
    73.607  Availability of channels.
    73.611  Reference points and distance computations.
    73.612  Protection from interference.
    73.615  Administrative changes in authorizations.
    73.621  Noncommercial educational TV stations.
    73.635  Use of common antenna site.
    73.684  Prediction of coverage.
    73.685  Transmitter location and antenna system.
    73.686  Field strength measurements.
    73.688  Indicating instruments.
    73.1010  Cross reference to rules in other parts.
    73.1015  Truthful written statements and responses to Commission 
    inquiries and correspondence.
    73.1030  Notifications concerning interference to radio astronomy, 
    research and receiving installations.
    73.1120  Station location.
    73.1125  Station main studio location.
    73.1201  Station identification.
    73.1202  Retention of letters received from the public.
    73.1206  Broadcast of telephone conversations.
    73.1207  Rebroadcasts.
    73.1208  Broadcast of taped, filmed, or recorded material.
    73.1209  References to time.
    73.1211  Broadcast of lottery information.
    73.1212  Sponsorship identification; list retention; related 
    requirements.
    73.1213  Antenna structure, marking and lighting.
    73.1216  Licensee-conducted contests.
    
    [[Page 26872]]
    
    73.1217  Broadcast hoaxes.
    73.1225  Station inspections by FCC.
    73.1226  Availability to FCC of station logs and records.
    73.1230  Posting of station and operator licenses.
    73.1250  Broadcasting emergency information.
    73.1510  Experimental authorizations.
    73.1515  Special field test authorizations.
    73.1520  Operation for tests and maintenance.
    73.1580  Transmission system inspections.
    73.1590  Equipment performance measurements.
    73.1610  Equipment tests.
    73.1615  Operation during modification of facilities.
    73.1620  Program tests.
    73.1635  Special temporary authorizations (STA).
    73.1660  Acceptability of broadcast transmitters.
    73.1665  Main transmitters.
    73.1670  Auxiliary transmitters.
    73.1675  Auxiliary antennas.
    
    [FR Doc. 96-13394 Filed 5-28-96; 8:45 am]
    BILLING CODE 6712-01-P
    
    

Document Information

Published:
05/29/1996
Department:
Federal Communications Commission
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
96-13394
Dates:
Comments are due by July 11, 1996, and reply comments are due by August 12, 1996.
Pages:
26863-26872 (10 pages)
Docket Numbers:
MM Docket No. 87-268, FCC: 96-207
PDF File:
96-13394.pdf