FCC Releases Order Reinstating Video Description Rules

UPDATE: DWT's Advisory on the Video Description rules is now available here.

The FCC has released its Report and Order (available here) reinstating its rules for “video description” pursuant to the Twenty-First Century Communications and Video Accessibility Act (CVAA) that was signed into law last October. The video description rules were first adopted in 2000 but later vacated by the D.C. Court of Appeals for lack of sufficient authority. The CVAA rectified this by expressly authorizing the FCC to reinstate the rules, with some modifications.  (See our discussion of the CVAA here.)

DWT previously discussed the FCC’s rulemaking to reinstate the video description rules back in March (available here), and will again release a detailed analysis of the reinstated rules as adopted in the Report and Order (sign up here to receive a copy of our DWT Advisory). In the meantime, here are some highlights from the Report and Order:
 

  • Covered entities: Large-market broadcast affiliates of the top four national networks, and MVPDs with more than 50,000 subscribers, must provide video description.
  • Hours Requirement: Covered broadcasters are required to provide 50 hours of video-described prime time or children’s programming, per calendar quarter. Covered MVPDs are required to provide the same number of hours on each of the five “most popular” nonbroadcast networks (this does not include two nonbroadcast networks that primarily air programming recorded less than 24 hours before it is first aired, i.e., ESPN and Fox News).
  • Pass Through: All network-affiliated broadcasters (commercial or non-commercial) and all MVPDs must pass through video description provided with programming, but only to the extent that they are technically capable of doing so and when that technical capability is not being used for another purpose related to the programming.
  • Compliance: As required under the CVAA, the rules will be reinstated on October 8, 2011. Covered broadcast stations and MVPDs must begin full compliance on July 1, 2012.

 

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FCC Promotes Wireless Backhaul by Relaxing Microwave Rules

Yesterday, the FCC released an Order and Further Notice of Proposed Rulemaking relaxing its rules to facilitate the use of microwave spectrum, particularly in the 7 GHz and 13 GHz bands (6875-7125 MHz and 12700-13150 MHz, respectively), for wireless backhaul.  The FCC’s action opened up 650 MHz of spectrum in rural areas where TV pickup operations are not already licensed. This decision implements a National Broadband Plan recommendation that the FCC “enhance the flexibility and speed with which companies can obtain access to spectrum for use as wireless backhaul and other wireless services” to promote broadband deployment, including 4G in rural America. The FCC adopted many of its earlier proposals, which we summarized here last year. Significantly, the new rules will not disturb existing CARS microwave licenses operating in the 13 GHz band. 

“Wireless backhaul” is use of spectrum instead of fiber, copper, or cable to transport data traffic over longer distances, typically from a wireless provider’s cell sites back to a wireline backbone network. The use of wireless backhaul will facilitate wireless broadband deployments by lowering costs and providing a practical alternative where fiber and other wired technologies are unavailable, particularly in rural areas.  

Briefly, the rule changes are as follows: 

·         The FCC will issue new fixed microwave service licenses under Part 101 in rural areas in the 7 GHz and 13 GHz bands.  Those bands have historically been exclusively available for the Broadcast Auxiliary Service (BAS) and Cable TV Relay Service (CARS). Traditionally, only MVPDs and broadcasters were licensed in these frequencies for both fixed and mobile video traffic transport. Under the new rules, the FCC will license new entrants only in the more rural areas where no mobile CARS or mobile BAS (or “TV Pickup”) stations are currently licensed. The FCC kept this limitation in order to protect mobile CARS and BAS electric newsgathering (ENG) operations, which send signals of live news reports back to broadcast studios or cable headends. The FCC found that any broader general use of these bands in urban areas would risk too much interference with ENG transmissions. In addition, to preserve future ENG operations in rural areas, the FCC also reserved 50 MHz in each of the two bands for exclusive rural mobile CARS and mobile BAS use.  

·         The FCC eliminated the “final link” rule, which prohibited broadcasters from using non-BAS frequencies for their last mile video backhaul links to studios. The FCC adopted this change despite some concern that it would reduce the amount of wireless spectrum available in urban areas for telecommunications backhaul links.

·         The new rules allow for adaptive modulation in microwave operations, which will enable temporary divergences from the FCC-mandated minimum carriage payloads. Traditionally, the Commission required a certain amount of traffic to travel over microwave links in order to ensure efficient use of the spectrum. This new operating flexibility, the FCC reasons, will increase both the long-term reliability and cost-effectiveness of middle-mile links.  

·         Finally, the FCC declined to adopt its proposal to allow licensees to add “auxiliary stations” to existing point-to-point microwave licenses. Under this proposal, microwave licensees would have been able to add multiple new antenna sites to an existing license in order to re-use authorized frequencies in a way that varies from the underlying license parameters. Instead, the current rules will remain in place, which require microwave spectrum licensing on a site-by-site basis for each path, frequency, and antenna deployed.  The FCC determined the proposal would have caused too much interference to existing licensed microwave operations.  

The FCC also asked for comments on certain proposed additional rule changes. Among those proposals are:   

·         Allowing smaller antennas in the 6 GHz, 18 GHz, and 23 GHz microwave bands. In comments submitted on last year’s NPRM, many parties pointed out that carriers could deploy smaller antennas more cheaply because they put less weight and load on towers. Other commenting parties opposed the idea, noting that smaller antennas often use spectrum less efficiently by necessity of their size, so their deployment could lead to more harmful microwave band interference.   

·         Whether to further relax the minimum payload standards for microwave operations in rural areas. As with the adaptive modulation rule change discussed above, exempting licensees in non-congested areas from minimal capacity requirements could lead to cost savings in wireless backhaul. Critics charge that further reductions in efficiency standards (even if limited to rural areas) would simply encourage more inefficient spectrum use while simultaneously discouraging technical innovation.  

·         Authorization of wider channels in certain microwave band. Currently, microwave licensees in the lower 6 GHz and 11 GHz bands are limited to 30 and 40 MHz authorized channels. Commenters argue these bands could easily accommodate new licensed operations using 60 and 80 MHz channels. The FCC asks whether increases in authorized channel size are appropriate in light of increased backhaul traffic demands, or whether such large allocations would merely encourage inefficient use and needlessly deplete this spectrum.  

Comments and reply comments on the NPRM are due October 4 and October 25, 2011. 

 

New CableCARD Rules In Effect - Operators Must Provide Customers Additional CableCARD Rate Information, Offer Self-Installation of CableCARDs, and Offer "Bring Your Own Box" Discounts to Certain Customers

As we discussed in our earlier DWT Advisory here, last year the FCC adopted additional obligations for cable operators related to their support for customer use of retail CableCARD devices. The effective date of some of these new rules had been deferred pending approval by the Office of Management and Budget. That approval has now occurred and additional rules described below became effective August 8, 2011. On that date, the FCC Enforcement Bureau issued an Enforcement Advisory advising cable operators that it will “strictly enforce” the new rules.

The newly effective rules include:

  • Operators that currently permit self-installation of any equipment must proactively offer new CableCARD customers the option to self-install their CableCARDs in most devices; operators that do not permit equipment self-installs must allow self-installation of CableCARDS by November 1, 2011.
  • Operators that offer any set-top boxes included in the base price of a bundle or promotion must offer a credit to customers that do not take the box because they instead use a retail CableCARD device.
  • Operators must provide conspicuous notice to customers in the annual notice and in the operator’s website or billing inserts the rate they charge for CableCARDs in retail devices and those included in leased set-top boxes, and also the details of the “bring your own box” credit described above.


The Enforcement Advisory omits two details regarding the newly-effective rules. First, it fails to mention that the obligation to offer self-installation only applies to devices whose manufacturer provides specified levels of support for self-installation; however, operators may choose, for administrative convenience, not to have their customer service representatives quiz the customer on his or her type of device and instead issue CableCARDs, for a charge, to any customer that requests them. Second, the Advisory fails to mention that operators may use bill inserts as an alternative to posting information on their website. We do not believe these omissions were intentional and the published rules (available here) should control.


Please see our prior advisories or contact us for information about the other new rules or if you have questions.