DBS, Broadcasters Square Off on DTV Tests; FCC Sees Action Soon
DBS providers opposed most broadcaster requests for federal exemption from DTV signal requirements set to take effect in 4 months, as the FCC reviews the slew of waiver requests. DirecTV and EchoStar, questioning a combined 38 requests in separate FCC filings, said their subscribers would unfairly lose the ability to get higher quality pictures. Seventy stations are seeking testing exemptions because they may lack sufficient signal strength to pass muster, said an FCC official, adding that the Commission will act soon on the requests.
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EchoStar may face an uphill battle. The firm opposed 36 requests, criticizing some stations for seeking waivers for factors including inability to get international coordination or transmission tower construction permits. Those conditions fall under the approximately half dozen bases for waivers, said Clay Pendarvis, the FCC official. “If a licensee came in requesting a waiver on one of those grounds, it’s likely that that would be a basis for getting a waiver for testing,” Pendarvis told us. The associate chief of the Media Bureau’s video division added that he was speaking generally and not about particular cases.
EchoStar took aim at 2 stations in its hq market as not making a convincing case that a years-long zoning dispute prevents compliance with the SHVERA testing rules. The No. 2 U.S. DBS firm said filings from Denver stations KUSA-TV (NBC) and KWGN (WB) didn’t demonstrate the absence of another area to build DTV towers. The fight centers on Lookout Mountain, in the foothills of the Rocky Mountains west of the city (CD Dec 1 p12). Because of the spat between local authorities and broadcasters, stations have had to operate DTV towers at low power. EchoStar said KUSA owner Gannett and Tribune, licensee of KWGN, should have shown they examined other areas to build towers. “We had demonstrated that there was no other suitable site” to local regulators, said Marv Rockford, ex-gen. mgr. of Denver’s KCNC-TV (CBS), who represents a group of stations seeking to build on the mountain. “There was a reason 50 years ago that the broadcast TV pioneers built on Lookout Mountain.”
EchoStar downplayed the possible effect of denying TV stations’ requests. “Some broadcasters paint a picture of impending doom if the Commission were to deny these waivers,” said EchoStar’s filing. In cases when customers choose to receive a DTV signal from a distant market, they “are required to purchase the local network station’s analog signal,” said the firm. The company and DirecTV had no comment beyond the filings.
The FCC will complete its review of the waivers “long before” an April 30 deadline for stations in the top 100 U.S. TV markets to grant DBS customer requests for DTV testing, said Pendarvis. Where there’s opposition, “we'll certainly look at it,” he said, adding: “You have to give us a public interest reason why the waivers shouldn’t be granted.” Pendarvis said he hasn’t decided whether to issue approvals individually or in a batch. - Jonathan Make