Spectrum, Kids TV High On FCC's Agenda

In the main 2009 legislation to jump-start the ailing economy, Congress directed the FCC to recommend a first-ever comprehensive National Broadband Plan to Congress by Feb. 17, 2010. As a result, development of the plan has been the main focus of the new FCC headed since June 29 by Chairman Julius Genachowski. 

Indicators of this broadband focus include, so far, more than two dozen proceedings soliciting public comment and about 40 workshops and hearings where expert witnesses have testified on a wide range of broadband-related topics, all to inform the commissioners and FCC staff who will develop and present the plan 10 weeks from now.

Either as part of the wide-ranging broadband activity or in addition to it, the FCC has several open proceedings focusing on aspects of TV broadcasting. In this Legal Memo I summarize two of those proceedings with near-term deadlines for input by interested parties.

Full details can be found in the FCC documents that are summarized here.

Relinquishing of TV Broadcast Spectrum for Wireless Broadband Uses

Wireless broadband providers, equipment manufacturers and others have warned the FCC of a looming shortage of spectrum to meet exploding consumer demand for laptops, smartphones and other bandwidth-intensive wireless products and services.

An example is a recent letter from nine trade associations and 103 companies telling the FCC of a "revolution" in wireless demand and claiming that "without more spectrum, America's global leadership in innovation and technology is threatened."

The Consumer Electronics Association has submitted a report fingering TV broadcast spectrum as a potential source. Earlier, the FCC had allowed use of "white spaces" between broadcast channels to be used by unlicensed devices, over broadcaster objections. 

On Dec. 2, an FCC broadband-related public notice sought "data on uses of spectrum" by Dec. 21. The notice (GN Docket Nos. 09-47, 09-51 and 09-137) focuses on TV broadcast spectrum, though the FCC is also looking at other spectrum, such as governmental and satellite. 

This public notice is intended for information gathering and cannot lead directly to spectrum changes. FCC broadband officials have sought dialogue with broadcasters including NAB and MSTV on this subject and have suggested that "excess" broadcast spectrum be auctioned for other uses with some of the auction proceeds going to relinquishing broadcasters. Input from television is, of course, important at this stage.

The notice asks numerous questions, including whether there's a spectrum shortage and how bad it is; what impact the trend toward time-shifted viewing and away from "appointment" viewing will have on the TV broadcast industry; whether broadcasters in a market could share 6 MHz channels or co-locate to a greater extent "without significantly disrupting the free, over-the-air television service that consumers enjoy today"; and what the costs would be to replace over-the-air delivery of TV signals to MVPDs (cable, satellite, telco TV systems) and viewers with other means such as fiber or microwave.

Empowering Parents and Protecting Children in an Evolving Media Landscape

This FCC Notice of Inquiry (NOI) (MB Docket No. 09-194) does not stem solely from the Broadband Plan context, but is influenced by it to include emerging technologies.

Comments are due Jan. 25, 2010, and reply comments, Feb. 22. An NOI is for information gathering and cannot result directly in rule changes, which must be preceded by a Notice of Proposed Rulemaking. Input now will help shape future developments.

In this proceeding, as in most, there are opportunties for broadcast TV to toot its horn, as well as pitfalls to avoid or argue against.

According to the FCC, the NOI "seeks information on the extent to which children are using electronic media today, including television, cell phones and other mobile devices, DVD players and VCRs, video games and video game players, iPods and other MP3 players, and the Internet."

The NOI also asks about the benefits and risks these technologies bring for children and the ways in which parents, teachers and children can help reap the benefits of electronic media while minimizing the risks.

The thrust of the proceeding is that for children television and other electronic media are double-edged swords, offering both unprecedented educational opportunity and exposure to harmful and inappropriate content. 

The notice recognizes unique aspects of broadcast television such as subjection to indecency and children's programming regulations that do not apply to newer technologies like the Internet.

The FCC also notes and asks questions about the V-chip and other television technology that is not generally available for the Internet and other emergent media.Technology alone cannot protect children, the FCC says, and parents bear responsibility to set and enforce "household media rules." 

Among the many questions in the NOI are these of particular interest to television managers, programming and sales personnel:

• What is the current level of parental awareness of technology such as the V-chip?
  
• How effective have these tools been in combating risks posed by media consumption?
  
• Would a joint effort between the commission and industry similar to that undertaken in connection with the DTV transition be effective in familiarizing parents with the available tools? If so, how should such an outreach program be most effectively structured?
• To the extent commenters believe there is an insufficient amount of educational or other beneficial content available for children today, what steps could the government or industry take to promote more of this content?
  
• Are there any partnerships between commercial and noncommercial entities that enable the creation of educational content?
  
• What is the quality of "core" children's programming on broadcasters' primary and multicast signals?
  
• What are the economics of providing educational content? What is the audience size for this programming?
  
• Should the commission consider an approach that would permit commercial entities to fund the creation of educational content to be provided by others such as PBS?
  
• Are the FCC's limits on advertising in children's programming effective, and how might they be improved?
  
• Have voluntary efforts to curtail advertising of unhealthy food to children proven effective?
  
• Are parents concerned about the content of advertising during children's or general-audience programs? Is blocking technology feasible for that?
• What incentives could the government provide to encourage age-appropriate advertising practices?