Published on:

A Simulcast Sunset on the Horizon as FCC Adopts NextGen TV NPRM

By and

At today’s Open Meeting, the FCC unanimously adopted a Fifth Further Notice of Proposed Rulemaking (NPRM) to accelerate the transition to the ATSC 3.0 broadcast standard (NextGen TV).  The NPRM sets the stage for significant progress towards a nationwide transition, proposing to shift from mandatory to voluntary ATSC 1.0 simulcasting because broadcasters are now “best positioned to determine how to continue to serve their viewers while rolling out 3.0 services.”

Under current rules adopted in the FCC’s 2017 First NextGen TV Report and Order, full-power and Class A stations seeking to transition to the ATSC 3.0 standard must maintain an ATSC 1.0 simulcast of their primary stream through a partnership with one or more ATSC 1.0 “host” stations assigned to the same designated market area, and the ATSC 1.0 simulcast stream must be “substantially similar” to the ATSC 3.0 stream.  The simulcasting requirement was intended to be transitional, and the Commission initially scheduled the “substantially similar” requirement to sunset on July 17, 2023.  As that date approached, however, the FCC adopted the June 2023 Third Report and Order and Fourth Further Notice of Proposed Rulemaking extending the sunset date to July 17, 2027.

Since then, the National Association of Broadcasters (NAB) and many individual broadcasters have continued to press the FCC for greater simulcasting flexibility in order to more effectively showcase the benefits of the ATSC 3.0 standard, including in comments submitted in the Delete, Delete, Delete proceeding.  NAB also filed a Petition for Rulemaking (NAB Petition) earlier this year asking the FCC to, among other things:

  • Establish a two-phase mandatory transition under which stations in the top 55 markets would move fully to ATSC 3.0 by February 2028 and all remaining markets by February 2030, with limited exceptions for noncommercial educational or smaller, independent stations;
  • Eliminate the “substantially similar” requirement prior to the scheduled 2027 sunset date;
  • Relax the 95 percent coverage threshold required for expedited application processing;
  • Update the tuner and carriage standards to ensure that consumers can continue to receive broadcast programming as the industry transitions to ATSC 3.0; and
  • Consider updates to the MVPD carriage rules, including the “good quality signal” rule.

The Media Bureau received more than 900 comments and replies in response to the NAB Petition in a pleading cycle that closed in June 2025.

Today’s NPRM responds by instead proposing a market-based transition rather than the fixed timetable that NAB sought.  To that end, the FCC proposes to end the 1.0 simulcast requirement in favor of voluntary simulcasting, observing that “at this stage broadcasters have strong market incentives to continue to effectively serve their viewers” such that a mandatory simulcasting requirement is no longer necessary.  And with a shift to voluntary simulcasting, the NPRM proposes to eliminate the “substantially similar” requirement and 95 percent coverage standard for stations that opt to continue simulcasting, recognizing that retention of rigid or burdensome requirements could discourage voluntary simulcasting.  The NPRM tentatively concludes that elimination of the “substantially similar” requirement would become effective upon Federal Register publication of an order adopting that proposal, and seeks comment on whether the transition from mandatory to voluntary simulcasting should take effect at that time or some other set date.

Beyond simulcasting issues, the NPRM tentatively agrees to allow broadcasters the compression flexibility NAB requested (permitting more efficient encoding on certain 1.0 simulcast streams to preserve bandwidth during the transition), seeks comment on whether to adopt an ATSC 3.0 tuner mandate, and requests input on the treatment of ATSC 3.0 signals for MVPD carriage purposes.  The NPRM also raises new questions about privacy, accessibility, and encryption, including (i) whether use of ATSC 3.0’s interactive and return-path features could enable the collection of viewer data; (ii) whether existing privacy protections are sufficient or if new safeguards are needed to ensure that any personally identifiable information collected through 3.0 services is handled appropriately; (iii) whether encryption and DRM practices could limit competition or access to free, over-the-air broadcasts; and (iv) whether all 3.0-certified televisions should be capable of displaying encrypted signals.

As of the time this is being published, the FCC had not yet released the final text of the adopted NPRM.  Comments will be due 60 days after the NPRM is published in the Federal Register, with Reply Comments due 30 days after that.

For more information about the NPRM, submitting comments, or ATSC 3.0 generally, please contact a member of Pillsbury’s Communications Practice Group.