FCC Proposes to Extend DTV Viewability Rule for Cable Systems

[Editor's Note:  Bob Primosch is a Partner with the communications law firm Wilkinson Barker Knauer, LLP, Washington, D.C. (rprimosch at wbklaw dot com)] The FCC has issued a Fourth Notice of Proposed Rulemaking to consider whether it should continue enforcing its “DTV viewability rule” for cable television systems.  In addition, the FCC will consider whether certain small cable systems should remain exempt from the requirement that high-definition (HD) television signals be carried in HD.  Comments are due March 12; reply comments are due March 22.  A copy of the Fourth Notice is available at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-18A1.pdf. Adopted in 2007, the FCC’s DTV viewability rule requires cable systems to ensure that DTV must-carry signals are viewable by subscribers who have analog TV sets or do not subscribe to digital cable service.  Cable systems must comply by carrying DTV must-carry signals in analog format to all analog cable subscribers, or, in the case of all-digital systems, by carrying DTV must-carry signals in digital format if all subscribers have the necessary equipment to view the broadcast content.  The DTV viewability rule is scheduled to sunset on June 12, 2012 (five years after the DTV transition) unless the FCC extends that date via the Fourth Notice. [...]