FCC Reinstates Inadvertently Erased ATSC 3.0 Regulations

FCC Restores Inadvertently Removed Rules for NextGen TV/ATSC 3.0 Applications

The Federal Communications Commission (FCC) has issued an Order to correct a mistake made in the publication of the Next Gen TV Third Report and Order. The Order aims to reinstate rules that were inadvertently removed from the Code of Federal Regulations after the Federal Register publication of the Next Gen TV Third Report and Order.

The deleted subsections, which can be found in sections 73.3801(f)(6)(iii), 73.6029(f)(6)(iii), and 74.782(g)(6)(iii) of the FCC's rules, provided clarity about the information that must be provided by non-expedited applicants for ATSC 3.0 service. These provisions were initially codified in the Next Gen TV First Report and Order.

The FCC finds 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. The Commission never stated or implied in the Next Gen TV Third Report and Order that it intended to rescind these subsections.

The FCC's order does not change any requirements for non-expedited applicants for ATSC 3.0 applications. It also does not make any changes to the regulatory obligations. The Order re-codifies the language from the aforementioned sections of the FCC's rules.

The FCC has admitted to the inadvertent removal of rules related to NextGen TV/ATSC 3.0, and these rules are currently reinstated in the FCC's regulations under 47 CFR Part 73.6000 et seq. The complete order and the recodified rules can be found at the provided link.

This amendment to the Rules does not change any regulatory obligations. The Next Gen TV Third Report and Order specifically referred to these provisions as remaining applicable. The FCC's order is a step towards maintaining the clarity and consistency in the regulatory framework for NextGen TV/ATSC 3.0 applications.