Rule2025-16990
Authorizing Permissive Use of the “Next Generation” Broadcast Television Standard
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 5, 2025
Effective
September 5, 2025
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Media Bureau of the Federal Communications Commission (FCC or Commission) released an Order that re-codifies language that was inadvertently eliminated from the Commission's rules relating to information that must be provided by Next Gen TV broadcast stations in "non-expedited" applications for ATSC 3.0 service. This Order does not change any regulatory obligations.
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<title>Federal Register, Volume 90 Issue 170 (Friday, September 5, 2025)</title>
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[Federal Register Volume 90, Number 170 (Friday, September 5, 2025)]
[Rules and Regulations]
[Pages 42853-42855]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16990]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 73 and 74
[GN Docket No. 16-142; DA 25-761; FR ID 310636]
Authorizing Permissive Use of the ``Next Generation'' Broadcast
Television Standard
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Media Bureau of the Federal
Communications Commission (FCC or Commission) released an Order that
re-codifies
[[Page 42854]]
language that was inadvertently eliminated from the Commission's rules
relating to information that must be provided by Next Gen TV broadcast
stations in ``non-expedited'' applications for ATSC 3.0 service. This
Order does not change any regulatory obligations.
DATES: Effective September 5, 2025.
FOR FURTHER INFORMATION CONTACT: Evan Baranoff, <a href="/cdn-cgi/l/email-protection#83c6f5e2edadc1e2f1e2edece5e5c3e5e0e0ade4ecf5"><span class="__cf_email__" data-cfemail="347142555a1a765546555a5b5252745257571a535b42">[email protected]</span></a>,
of the Media Bureau, Policy Division, (202) 418-7142.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
DA 25-761, adopted and released on Aug. 27, 2025. The full text of this
document is available electronically via the FCC's website at <a href="https://docs.fcc.gov/public/attachments/DA-25-761A1.pdf">https://docs.fcc.gov/public/attachments/DA-25-761A1.pdf</a> or via the FCC's
Electronic Comment Filing System (ECFS) website at <a href="https://www.fcc.gov/ecfs">https://www.fcc.gov/ecfs</a>. (Documents will be available electronically in ASCII, Microsoft
Word, and/or Adobe Acrobat.) Alternative formats are available for
people with disabilities (Braille, large print, electronic files, audio
format), by sending an email to <a href="/cdn-cgi/l/email-protection#197f7a7a2c292d597f7a7a377e766f"><span class="__cf_email__" data-cfemail="274144441217136741444409404851">[email protected]</span></a> or calling the
Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530
(voice), (202) 418-0432 (TTY).
Synopsis
I. Introduction
1. In this Order, we re-codify language that was inadvertently
eliminated from Sec. Sec. 73.3801(f)(6)(iii), 73.6029(f)(6)(iii), and
74.782(g)(6)(iii) of the Commission's rules (Rules) relating to
information that must be provided in ``non-expedited'' applications for
ATSC 3.0 service. This amendment to the Rules does not change any
regulatory obligations.
II. Background
2. In the Next Gen TV First Report and Order, 83 FR 4998 (Feb. 2,
2018), the Commission authorized television broadcasters to use the
Next Gen TV transmission standard, also called ATSC 3.0, on a
voluntary, market-driven basis. The Commission established a process
for considering applications to deploy ATSC 3.0 service, which includes
coverage requirements for a Next Gen TV station's ATSC 1.0 simulcast
signal. As part of that process, the Commission affords expedited
processing and a presumption in favor of grant to applications that
provide ATSC 1.0 simulcast service to at least 95 percent of the
predicted population within the station's original noise limited
service contour (NLSC), while applicants that do not satisfy this
threshold must provide a more robust public interest showing with their
application and will be considered on a case-by-case basis. The
required information that must be contained in applications that do not
qualify for expedited processing (i.e., ``non-expedited'' applications)
was set forth in Sec. Sec. 73.3801(f)(6)(iii), 73.6029(f)(6)(iii), and
74.782(g)(6)(iii) of the Rules.
3. Subsequently, in the Next Gen TV Third Report and Order, 88 FR
45347 (Jul. 17, 2023), the Commission modified its ATSC 3.0 rules to,
among other things, permit Next Gen TV stations to license multicast
streams aired over an ATSC 1.0 multicast host. The Commission also made
updates to the required information for ATSC 3.0 applications in
Sec. Sec. 73.3801(f)(6)(i) and (ii), 73.6029(f)(6)(i) and (ii), and
74.782(g)(6)(i) and (ii) of the Commission's rules in order to
facilitate multicast licensing, but it did not make changes to the
requirements for non-expedited applicants set forth in Sec. Sec.
73.3801(f)(6)(iii), 73.6029(f)(6)(iii), and 74.782(g)(6)(iii). However,
after Federal Register publication of the Next Gen TV Third Report and
Order, these subsections were removed from the Code of Federal
Regulations.
III. Discussion
4. We find that the deletion of Sec. Sec. 73.3801(f)(6)(iii),
73.6029(f)(6)(iii), and 74.782(g)(6)(iii) of the Commission's rules
from the Code of Federal Regulations was inadvertent, and, thus, re-
codify this language. The Next Gen TV First Report and Order codified
these provisions to provide clarity about the information that must be
provided by non-expedited applicants for ATSC 3.0 service. The
Commission never stated or implied in the Next Gen TV Third Report and
Order that it intended to rescind these subsections. As noted above,
the Next Gen TV Third Report and Order specifically referred to these
provisions as remaining applicable. Accordingly, we amend the Rules as
set out in the Appendix by including the inadvertently deleted
subsections that set forth the required information non-expedited
applications must include to show that such applications are in the
public interest.
5. We find that notice and comment procedures are unnecessary under
the ``good cause'' exception of the Administrative Procedure Act (APA)
because re-codifying the inadvertently deleted subsections merely
restores the provisions setting forth the showing that must be made by
non-expedited applicants that the Commission adopted in the Next Gen TV
First Report and Order. The Commission did not state or imply that it
intended to change or eliminate Sec. Sec. 73.3801(f)(6)(iii),
73.6029(f)(6)(iii), and 74.782(g)(6)(iii) in the Next Gen TV Third
Report and Order. Consequently, we find notice and comment procedures
are unnecessary for this action.
6. We also conclude that good cause exists to make this change
effective immediately upon publication in the Federal Register,
pursuant to section 553(d)(3) of the Administrative Procedure Act. An
expedited effective date is necessary to restore the rule in the Code
of Federal Regulations as originally adopted by the Commission, which
included codified provisions informing non-expedited applicants of the
existing requirements for information that must be included in non-
expedited applications and to allow the Bureau to promptly act upon
such requests. Failure to make the rule change effective immediately
may result in confusion among regulated entities as to the required
showing and thereby impact the Bureau's ability to determine if
applications are in the public interest, and thereby delay
broadcasters' ability to commence ATSC 3.0 operation and provide new,
innovative services to the public.
IV. Procedural Matters
7. Regulatory Flexibility Act. Because these rule changes are being
adopted without notice and comment, the Regulatory Flexibility Act, 5
U.S.C. 601 et seq., does not apply.
8. Paperwork Reduction Act. This document does not contain new or
modified information collection requirements subject to the Paperwork
Reduction Act of 1995 (PRA), 44 U.S.C. 3501-3521. In addition,
therefore, it does not contain any new or modified information
collection burden for small business concerns with fewer than 25
employees, pursuant to the Small Business Paperwork Relief Act of 2002,
44 U.S.C. 3506(c)(4).
9. Congressional Review Act. The Bureau has determined, and the
Administrator of the Office of Information and Regulatory Affairs,
Office of Management and Budget, concurs that this rule is non-major
under the Congressional Review Act, 5 U.S.C. 804(2). The Bureau will
send a copy of this Order to Congress and the Government Accountability
Office pursuant to the Congressional Review Act.
V. Ordering Clauses
10. It is ordered that, pursuant to the authority contained in
sections 1, 4, 5(c)(1), 7, 301, 303 of the
[[Page 42855]]
Communications Act of 1934, as amended, 47 U.S.C. 151, 154, 155(c)(1),
157, 301, 303, and 47 CFR 0.61, 0.283, this Order is adopted and will
become effective immediately upon publication in the Federal Register.
11. It is further ordered that parts 73 and 74 of the Commission's
rules are hereby amended as set forth in the Appendix, effective
immediately upon publication in the Federal Register.
12. It is further ordered that the Bureau shall send a copy of this
Order in a report to be sent to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Parts 73 and 74
Communications equipment, Television.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 73 and 74 as follows:
PART 73--RADIO BROADCAST SERVICES
0
1. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334,
336, 339.
0
2. Section 73.3801 is amended by adding paragraph (f)(6)(iii) to read
as follows:
Sec. 73.3801 Full power television simulcasting during the ATSC 3.0
(Next Gen TV) transition.
* * * * *
(f) * * *
(6) * * *
(iii) If an application in paragraph (f)(2) of this section
includes a request to air an ATSC 1.0 signal on the facilities of a
host station and does not meet the 95 percent standard in paragraph
(f)(6)(ii) of this section, the application must contain, in addition
to the information in paragraphs (f)(6)(i) and (ii) of this section,
the following information:
(A) Whether there is another possible host station(s) in the market
that would result in less service loss to existing viewers and, if so,
why the Next Gen TV broadcaster chose to partner with a host station
creating a larger service loss;
(B) What steps, if any, the station plans to take to minimize the
impact of the service loss (e.g., providing ATSC 3.0 dongles, set-top
boxes, or gateway devices to viewers in the loss area); and
(C) The public interest benefits of the simulcasting arrangement
and a showing of why the benefit(s) of granting the application would
outweigh the harm(s). These applications will be considered on a case-
by-case basis.
* * * * *
0
3. Section 73.6029 is amended by adding paragraph (f)(6)(iii) to read
as follows:
Sec. 73.6029 Class A television simulcasting during the ATSC 3.0
(Next Gen TV) transition.
* * * * *
(f) * * *
(6) * * *
(iii) If an application in paragraph (f)(2) of this section
includes a request to air an ATSC 1.0 signal on the facilities of a
host station and does not meet the 95 percent standard in paragraph
(f)(6)(ii) of this section, the application must contain, in addition
to the information in paragraphs (f)(6)(i) and (ii) of this section,
the following information:
(A) Whether there is another possible host station(s) in the market
that would result in less service loss to existing viewers and, if so,
why the Next Gen TV broadcaster chose to partner with a host station
creating a larger service loss;
(B) What steps, if any, the station plans to take to minimize the
impact of the service loss (e.g., providing ATSC 3.0 dongles, set-top
boxes, or gateway devices to viewers in the loss area); and
(C) The public interest benefits of the simulcasting arrangement
and a showing of why the benefit(s) of granting the application would
outweigh the harm(s). These applications will be considered on a case-
by-case basis.
* * * * *
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
0
4. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 325, 336 and
554.
0
5. Section 74.782 is amended by adding paragraph (g)(6)(iii) to read as
follows:
Sec. 74.782 Low power television and TV translator simulcasting
during the ATSC 3.0 (Next Gen TV) transition.
* * * * *
(g) * * *
(6) * * *
(iii) If an application in paragraph (g)(2) of this section
includes a request to air an ATSC 1.0 signal on the facilities of a
host station and does not meet the 95 percent standard in paragraph
(g)(6)(ii) of this section, the application must contain, in addition
to the information in paragraphs (g)(6)(i) and (ii) of this section,
the following information:
(A) Whether there is another possible host station(s) in the market
that would result in less service loss to existing viewers and, if so,
why the Next Gen TV broadcaster chose to partner with a host station
creating a larger service loss;
(B) What steps, if any, the station plans to take to minimize the
impact of the service loss (e.g., providing ATSC 3.0 dongles, set-top
boxes, or gateway devices to viewers in the loss area); and
(C) The public interest benefits of the simulcasting arrangement
and a showing of why the benefit(s) of granting the application would
outweigh the harm(s). These applications will be considered on a case-
by-case basis.
* * * * *
[FR Doc. 2025-16990 Filed 9-4-25; 8:45 am]
BILLING CODE 6712-01-P
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