SOCIETY OF BROADCAST ENGINEERS FCC LIAISON COMMITTEE
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1 SOCIETY OF BROADCAST ENGINEERS FCC LIAISON COMMITTEE CHAIRMAN DANE E. ERICKSEN, P.E., CSRTE Hammett & Edison, Inc. San Francisco, CA 707/ (voice) 707/ (fax) Committee Members KENNETH J. BROWN ABC, Inc. New York, NY GERRY DALTON, CBRE TXU Communications Dallas, TX CLAY FREINWALD, CPBE Entercom Communications Seattle, WA CHRISTOPHER D. IMLAY, Esq. Booth, Freret, Imlay & Tepper Siilver Spring, MD GERALD M. LEBOW TMC, Inc. Valhalla, NY MICHAEL G. MCCARTHY, CSRE McCarthy Radio Engineering Chicago, IL LLOYD PHILLIPS Phillips Microtechnology, Inc. Ft. Lauderdale, FL JOHN L. PORAY, CAE SBE Indianapolis, IN RICHARD RUDMAN, CPBE Board of Trustees Partnership For Public Warning Institute McLean, VA KARL VOSS TV Station KPNX Mesa, AZ August 19, 2002 The Honorable W.J. Billy Tauzin Chairman, Committee on Energy and Commerce U.S. House of Representatives 2125 Rayburn House Office Building Washington, DC Re: Continued Lack of FCC Action Allowing Digital STLs to Support the DTV Transition Dear Chairman Tauzin: The Society of Broadcast Engineers, Inc. ( SBE ), the national association of broadcast engineers and technical communications professionals, with more than 5,000 members world wide, has been attempting to get the FCC to allow TV broadcasters the use of digitally modulated studio-totransmitter microwave links ( STLs ) in support of the Congressionallymandated Digital Television ( DTV ) transition. A May 2 conference call between myself, SBE General Counsel Christopher Imlay, two senior FCC persons and the FCC person working on the ET Docket rulemaking has proved fruitless. In that telephone call FCC personnel promised to do their best to have a draft Report & Order ( R&O ) to the FCC Commissioners for their review by the end of June, When SBE called the designated FCC OET person on July 1, 2002, to ascertain whether the item was now before the FCC Commissioners, he declined to even disclose this information! Further, no response to SBE s May 8 letter to FCC Chairman Michael Powell, has ever been received. A copy of that letter, which gives the history of this issue and explains its importance to the DTV transition, is attached. The article DTV Bill Due After Recess in the July 22, 2002, issue of Broadcasting & Cable magazine, at page 30, states: In May, Tauzin gave the industries a July 15 deadline to come up with a solution, but, with none apparently emerging, he decided it was time to take a stronger approach. Like you, with apparently no action in sight on a rule change to allow digital STLs, SBE is electing to take a stronger approach; hence, this letter. SBE accordingly asks that you query the FCC and ask why the FCC still
2 The Honorable W.J. Billy Tauzin, page 2 August 19, 2002 will not routinely allow as standard licensing procedure pure digital or hybrid analog-digital STLs for TV stations needing to either commence DTV operation and/or permit transmission of a true high-definition signal rather than merely duplicating their NTSC standard-definition signal. Sincerely, Dane E. Ericksen, P.E., CSRTE Chairman, SBE FCC Liaison Committee Enclosure cc: The Honorable Michael K. Powell, Chairman, FCC Mr. W. Kenneth Ferree, Chief, Media Bureau, FCC Mr. Rick C. Chessen, Associate Bureau Chief, Digital Television Task Force, Media Bureau, FCC Mr. Keith Larson, Chief Engineer, Media Bureau, FCC Mr. Ed Thomas, Chief, OET, FCC Mr. Edward ( Ted ) B. Ryder, OET, FCC MM Docket (as an ex parte comment) ET Docket (as an ex parte comment) Congressman John D. Dingell Congressman Edward J. Markey Congressman Fred Upton Senator Ernest Hollings Senator John McCain All SBE Officers and Directors All SBE FCC Liaison Committee members
3 SBE SOCIETY OF BROADCAST ENGINEERS Indianapolis, Indiana FCC Liaison Committee CHAIRMAN DANE E. ERICKSEN, P.E., CSRTE Hammett & Edison, Inc. San Francisco, CA 707/ (voice) 707/ (fax) Committee Members KENNETH J. BROWN ABC, Inc. New York, NY GERRY DALTON, CBRE TXU Communications Dallas, TX CLAY FREINWALD, CPBE Entercom Communications Seattle, WA CHRISTOPHER D. IMLAY, Esq. Booth, Freret, Imlay & Tepper Washington, DC GERALD M. LEBOW TMC, Inc. Valhalla, NY MICHAEL G. MCCARTHY, CSRE McCarthy Radio Engineering Chicago, IL LLOYD PHILLIPS Phillips Microtechnology, Inc. Ft. Lauderdale, FL JOHN L. PORAY, CAE SBE Indianapolis, IN RICHARD RUDMAN, CPBE Radio Station KFWB Los Angeles, CA KARL VOSS TV Station KPNX Mesa, AZ BY HAND AND BY The Honorable Michael K. Powell Chairman, Federal Communications Commission 445 Twelfth Street, SW Washington, DC Re: April 4, 2002, letter to Chairman W. J. Billy Tauzin Dear Chairman Powell: The Society of Broadcast Engineers, Inc. ( SBE ), the national association of broadcast engineers and technical communications professionals, with more than 5,000 members world wide, has read with great interest your April 4 letter to Congressman W.J. Billy Tauzin, Chairman of the House Energy and Commerce Committee. SBE would like to address Item 2 of the attachment to your letter, namely the goal that DTV stations of the top-four networks in the top-100 TV markets obtain and install the equipment necessary to pass through network DTV without degradation of signal quality (e.g., pass through highdefinition ( HD ) programming, if that is what its network provides) by January 1, Many TV stations require a high-definition HD capable (digital) studioto-transmitter ( STL ) microwave link to relay their digital programming to their DTV transmitter. Without a digital path to the DTV transmitter, the analog NTSC signal must be digitized at the DTV transmitter, making HD passthrough impossible. The broadcasting industry has developed a spectrum-efficient solution that requires no additional microwave bandwidth for relaying digital (including HD) programming to their DTV transmitter. It involves using digital modulation for the microwave signal, or a combination of both analog and digital modulation, within the same microwave channel now used for the NTSC (analog) STL. Hardware for doing this is currently available, but its use is being impeded because the FCC Rules do not explicitly authorize digital modulation in the 7 and 13 GHz microwave bands primarily used by broadcasters for their STLs. Nor is digital modulation allowed in the 2 and 2.5 GHz TV broadcast auxiliary service ( BAS ) bands, most frequently used for relaying programming from field locations back to the TV studio (i.e., electronic news gathering, or ENG, applications, and the coverage of sporting events). There is no technical reason not to allow digital modulation in all of the TV BAS microwave bands. In March 1998 the TIA/EIA filed a petition
4 The Honorable Michael K. Powell, page 2 for rulemaking that proposed to amend the FCC Rules to allow digital modulation in any of the TV microwave bands. This petition languished at the FCC for six months, with no action, until SBE took the initiative and filed comments in support of the petition, even though no rulemaking number had yet been assigned. This spurred the FCC to assign a rulemaking number (RM-9418) and issue a public notice asking for comments on the TIA/EIA petition. SBE and about a half dozen other parties commented, all in favor of allowing digital microwave modulation in all of the TV microwave bands. Even in light of these favorable initial comments, and continued queries from SBE, the FCC let the RM-9418 petition languish until March 2001, when at long last a notice of proposed rulemaking ( NPRM ) was finally issued, Engineering Technology ( ET ) Docket (possibly due to action by Mr. Tauzin s office, in response to the SBE s October 18, 2000, letter to Congressman Tauzin). SBE filed comments and reply comments to the ET Docket rulemaking, again in favor of allowing digital modulation in all TV BAS microwave bands; indeed, SBE repeated its recommendation that the FCC issue a blanket waiver allowing digital modulation in all of the TV microwave bands, much as the FCC did in 1996 when the FCC exercised its considerable regulatory discretion by issuing an edict immediately allowing digital modulation for MDS, MMDS, and ITFS wireless cable stations. The same approach for broadcasters makes obvious sense to SBE and other supporters. Indeed, SBE knows of no source of opposition to this change except for the FCC. To this day the FCC refuses to grant a blanket waiver to broadcasters. Stations must instead devote time and resources to request special temporary authority ( STA ) to use digital or hybrid analog/digital modulation for their STL. This requires a separate application, a separate filing fee, and, unlike a microwave STL license, which has an 8-year term concurrent with the license of the affiliated TV/DTV station, STAs must be renewed every six months. A Report & Order ( R&O ) to the ET Docket rulemaking has yet to be issued, even though the reply comment period for that rulemaking closed on August 7, As a result of a May 2 conference call between myself, SBE General Counsel Christopher Imlay, and Mr. Rick Chessen, Associate Bureau Chief, Digital Television Task Force, Media Bureau; Mr. Keith Larson, Chief Engineer of the Media Bureau; and Mr. Ted Ryder of OET, the person working on the ET rulemaking, SBE learned that OET hopes to have a draft R&O to you and the other FCC Commissioners in June of The purpose of this letter, then, is to urge that the R&O make the expected approval for digital modulation in all of the TV BAS microwave bands effective upon adoption of the item, in lieu of the normal practice of not making a rule change effective until 30 days after publication in the Federal Register, which can sometimes take months. Since this change would be extending authority for digital modulation, that is, would represent a liberalizing of the FCC Rules, no party should be negatively impacted by an immediate effective date for this aspect of the ET Docket rulemaking. Chairman Powell, you have asked broadcasters to adopt voluntary commitments to increase the amount of HD programming they provide. SBE submits that the you could do more to accomplish the congressionally-mandated goal of the earliest possible roll out of DTV by
5 The Honorable Michael K. Powell, page 3 instructing OET to include an effective upon adoption clause for digital microwave modulation, thus allowing TV stations to transport HD digital programming to their DTV transmitters without the burden of having to obtain, and repeatedly renew, STAs. Broadcasters have been waiting for the FCC to take this actions for more than four years. The time to act is now. Sincerely, /s/ Dane E. Ericksen Dane E. Ericksen, P.E., CSRTE Chairman, SBE FCC Liaison Committee cc: Mr. W. Kenneth Ferree, Chief, Media Bureau, FCC Mr. Rick C. Chessen, Associate Bureau Chief, Digital Television Task Force, Media Bureau, FCC Mr. Keith Larson, Chief Engineer, Media Bureau, FCC Mr. Ed Thomas, Chief, OET, FCC Mr. Edward ( Ted ) B. Ryder, OET, FCC MM Docket (as an ex parte comment) ET Docket (as an ex parte comment) All SBE Officers and Directors All SBE FCC Liaison Committee members
All SBE FCC Liaison Committee members All SBE Officers and Directors
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