FCC Adopts ATSC 3.0 Multicast Licensing Rules, Extends “Substantially Similar” and A/322 Sunsets

On June 23, 2023, the Federal Communications Commission (FCC or Commission) released a Third Report and Order (Order) in its Next Generation Broadcast Television (ATSC 3.0 or Next Gen TV) docket, as well as a Fourth Further Notice of Proposed Rulemaking (FNPRM).

The Order adopts the agency’s proposal in a 2021 FNPRM to allow a Next Gen TV station to seek modification of its license to include certain of its non-primary video programming streams (i.e., multicast streams) that are aired on “host” stations during the Next Gen TV transition, and extends the sunsets for the “substantially similar” programming rule for simulcast streams and the requirement to comply with the ATSC A/322 standard on primary ATSC 3.0 streams until at least July 17, 2027. Meanwhile, the FNPRM seeks comment on the current marketplace for ATSC 3.0 Standard Essential Patents (SEPs) and whether the Commission should adopt rules to require essential patent holders in ATSC 3.0 technology to commit to licensing them on reasonable and non-discriminatory (RAND) terms.

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