The Federal Communication Commission voted Thursday not to impose digital multicast must-carry or a dual NTSC/DTV primary channel carriage obligation on cable.
While all of the commissioners acknowledged that their action on digital multicast must-carry would have unpredictable ramifications, some of which could be particularly disadvantageous to independent local broadcasters, the commission voted against imposing a must-carry obligation primarily out of a concern over the constitutionality of such a measure.
Broadcasters have sought an FCC mandate obligating cable systems to carry not only their primary DTV channel but other digital channels that fit within their 6MHz of spectrum allotted for digital television service. The cable industry has resisted the attempt, arguing that to force cable system operators to swallow digital multicast must carry would infringe on their First Amendment rights.
While the five members of the commission voted unanimously not to impose digital multicast must carry, several did so only after voicing strong reservations. Commissioners Michael Copps and Jonathan Adelstein specifically pointed to public interest programming obligation policy as it relates to broadcasters in a new era of digital broadcast as an issue they would have ideally like to have seen resolved before the must-carry vote.
Calling for a vote on the multicast must-carry issue before the public interest obligation issue has been resolved amounts to a “ready, fire, aim” strategy, according to Copps.
Adelstein specifically expressed his disappointment that the issue wasn’t resolved before Thursday’s vote because it might have changed the DTV multicast must-carry calculus. Adelstein said he would have preferred a situation in which broadcasters would be obligated to fulfill certain local public affairs coverage requirements for content prior to the must-carry vote. Under those circumstances, he may have voted differently, Adelstein said. Some pointed to the voluntary deal announced two weeks ago between the Association of Public Television Stations and the National Cable & Telecommunications Association guaranteeing cable carriage of four multicast channels from local public broadcasters as an example for local commercial broadcasters to follow. However, many acknowledged that an ad hoc approach would likely leave small, independent broadcasters in a weaker position. Large network stations, several said, that enjoy retransmission consent would likely have their multicast channels carried
Despite their reservations, both joined their colleagues in voting not to impose digital multicast must carry.
Many of the commissioners, including out-going Chairman Michael Powell, said that the measure did not preclude local broadcasters from negotiating with cable system operators to gain carriage of multicast DTV channels.
Some pointed to the voluntary deal announced two weeks ago between the Association of Public Television Stations and the National Cable & Telecommunications Association guaranteeing cable carriage of four multicast channels from local public broadcasters as an example for local commercial broadcasters to follow. However, many acknowledged that an ad hoc approach would likely leave small, independent broadcasters in a weaker position. Large network stations, several said, who enjoy retransmission consent would likely have their multicast channels carried.
While the vote on digital multicast must carry was unanimous, commissioner Kevin Martin dissented on the dual carriage issue.
For more information, visit www.fcc.gov.
