Television

A group of smaller cable companies are asking the Federal Communications Commission for a one-year exemption from having to comply with a law enacted in December that would lower the volume on all those loud TV ads that irritate so many television viewers.

The law specifically requires that the volume of commercials should not exceed the decibel level of regular programming. Under the law known as the CALM Act, the FCC has one year to ensure that advertisers adopt industry technology that "modulates sound levels and prevents overly loud commercials."

In a meeting Monday with FCC officials, the American Cable Association argued that smaller cable firms need more time to absorb the costs of complying with the law.

"Because smaller [multichannel video programming distributors] are unable to spread the costs to comply with the CALM Act over a large number of subscribers, as a group, they should receive a blanket one-year hardship waiver with a possible one-year extension," they wrote in a letter to the FCC afterward.

Some of the lawmakers involved in drafting the law have written the FCC in recent months to say it was clearly intended to apply to not just broadcast stations but to cable, satellite and other video providers and also to all commercials regardless of who places them within programming.

In a July letter to the FCC, Rep. Anna Eshoo, D-Calif., who authored the House's version of the law, noted that the legislation does allow the FCC to grant exemptions to providers that might need extra time to comply with the law.

Broadcasters brought in a former United Nations ambassador on Tuesday to help make their case to policy makers that the future of broadcasting is bright, growing and should be preserved.

Former U.N. Ambassador, ex-Atlanta Mayor and civil rights leader Andrew Young was on hand as the National Association of Broadcasters launched their Future of Television coalition.Their case has grown more important as the industry grapples with calls for broadcasters to voluntarily give up some of their spectrum to help meet growing demand for wireless technologies.

Congress is weighing legislation to authorize incentive auctions, in which broadcasters would give up some of their airwaves and get cash from the proceeds. Broadcasters worry that television stations that opt out could be harmed if they are forced to move to a different place on the TV band in order to clear out a chunk of space that can be auctioned to wireless providers.

"We're trying to reassert ourselves in the debate with the Future of Television Coalition," NAB President and CEO Gordon Smith said during a news conference Tuesday. "It's enormously important for the American people to understand that while they have the blessing of taking broadcast television for granted, there are decisions that could be made that could take that away from them."

The coalition argues that broadcasting is far from a dying industry and that more Americans are dropping their subscription-based television services such as cable and satellite and returning to over-the-air broadcasting. At the same time, they note that the transition from analog to digital TV has allowed broadcasters to roll out mobile digital television and offer additional channels with even more free programming including content for minority communities, which tend to rely on over-the-air television more than other groups.

The coalition includes mobile television providers, digital antenna makers and new broadcast networks offering content for some of the digital channels being simulcast by TV stations, including Bounce TV co-founded by Young and others.

A day after a rare East Coast earthquake jammed wireless networks, stakeholders on all sides of the debate over federal spectrum legislation found lessons to support their view on the issue.

Steve Largent, president of the wireless industry group CTIA, was the latest to enter the fray Wednesday, saying overwhelmed cell phone networks provide fresh evidence that wireless operators need more spectrum to meet the nation's surging demand.

CTIA favors legislation that would authorize the Federal Communications Commission to hold incentive auctions aimed at freeing more spectrum for wireless technologies. The hope is to persuade broadcasters and other spectrum holders to give up some of their spectrum in exchange for some of the proceeds.

The Senate Commerce Committee approved spectrum legislation in June that includes incentive auction authority, while a draft Republican House Energy and Commerce bill includes similar language.

"Yesterday's earthquake underscored the vital need for our industry to get more spectrum," Largent, a former GOP House member from Oklahoma, wrote in a blog post. "Yesterday, a huge number of users were trying to use the same highway at the same time, which caused the jam. With more spectrum, we'd have more lanes that would allow more users."

This view was echoed by Mobile Future coalition Chairman Jonathan Spalter, who told Tech Daily Dose Wednesday that the earthquake is another wake-up call alerting policymakers to the looming spectrum crunch facing the country.

Largent dismissed broadcasters' claims that television and radio are more reliable for communications during times of emergency such as Tuesday's earthquake.

"Despite the tremendous spike in traffic on wireless networks, millions of Americans across the country were using their wireless devices to contact their loved ones to make sure they were safe. They were sending reports through text messages, tweets or Facebook updates about the situation at their location," he wrote. "While television and radio played a role in helping to disseminate information to consumers, most Americans used their mobile devices to find out if their family and friends were safe."

The National Association of Broadcasters was quick to note Tuesday that while cell phone networks were clogged, broadcasters were able to provide viewers with information about the earthquake without disruption.

NAB, which has strong concerns with the incentive auction proposal, has been trying to make the case to policymakers that despite the rise of new technologies, there is a continued need for over-the-air television - and for broadcasters to keep the spectrum they need to provide such service.

"Policymakers debating spectrum policy ought to take note that the one reliable communications service during today's earthquake was the original wireless technology -- free and local broadcasting. It's easy to get dazzled by iPads and Smartphones, but all the spectrum in the world won't ensure reliability of the 'one-to-one' cellphone network architecture during an emergency," NAB spokesman Dennis Wharton said in a statement late Tuesday. "When there's a crisis, it's hard to replicate the reliability of the 'one-to-everyone' local radio and TV broadcast signal."

At the same time, public safety officials and their supporters on Capitol Hill also pointed to the earthquake as evidence of why policy makers should support their push for reallocating a chunk of spectrum known as the D-block for the creation of a national broadband network for public safety. They argued that in times of emergencies, first responders cannot rely on commercial networks and must have their own robust dedicated network.

The Senate Commerce spectrum bill would give them the D-block for such a network and authorize funding for building it. The GOP Energy and Commerce draft bill would maintain current law, which requires that the D-block be auctioned to commercial bidders.

The National Association of Broadcasters appears to be taking the advice of former White House Chief of Staff and now-Chicago Mayor Rahm Emanuel when he claimed that "you never want a serious crisis to go to waste."

NAB spokesman Dennis Wharton and other officials with the group began crowing via Twitter about how broadcasters were on the air providing information about the unusual 5.8 magnitude quake as cellphone networks jammed.

"Cell phone down post DC quake, free and local broadcasters working. Really?," Wharton tweeted, adding later: "Broadcasters as a lifeline: DC's Emergency Mgt. Assn. advises residents: 'Stay tuned to radio and TV news updates.'" NAB's Zamir Ahmed tweeted, "Wireless networks overwhelmed after VA quake but radio and TV broadcasters still on the air providing lifeline info."

(PICTURES: Damage to Washington National Cathedral)

Broadcasters have been fighting to make the case to policymakers about the importance of over-the-air television amid efforts to push broadcasters to give up some of their spectrum to meet the growing demand for wireless broadband. The NAB has been arguing that broadcasters' "one to many" model of providing news and entertainment is a much more efficient use of spectrum than the "one-to-one" model of the wireless phone industry.

Wireless providers Sprint and Verizon reported that any problems their customers were experiencing following the earthquake were due to overusage and not caused by network breakdowns.

In a statement, CTIA, the wireless industry's trade group, echoed this, saying, "Our industry's infrastructure appears to be intact, but because many wireless consumers are using the networks, we are experiencing higher than normal traffic. In these high volume instances, there can be delays. We encourage people to send text messages and emails to contact their loved ones."

Meanwhile, public safety officials and Senate Commerce Chairman Jay Rockefeller, D-W.Va., say the cell phone network congestion problems that occurred in the wake of the earthquake provided more evidence of why public safety officials need their own national broadband network. Public safety officials and some lawmakers have been pushing for passage of legislation that would reallocate spectrum and authorize funding to help build a national broadband network for public safety.

"Today's earthquake is yet one more wake-up call that first responders need a unified, dedicated communications system that is interoperable and will work in times of emergency like today when cell phone coverage is over-utilized and overwhelmed," according to a statement released late Tuesday from Rockefeller's office. "When Congress returns in September, it's critical they immediately take up consideration of Sen. Rockefeller's spectrum bill because nothing's more important than the public's safety."

This view was echoed by the Association of Public-Safety Communications Officials International, which has been lobbying along with other groups that represent emergency first responders for Rockefeller's legislation.

"The events of today once again prove how powerful the argument for dedicated spectrum is for public safety, and becomes so understandable for those today that tried to reach their loved ones by wireless devices and could not do so," the group's spokesman, Sean Kirkendall, said in a statement.

The nation's top broadcasters appear to be trying to get ahead of any possible deal on the debt ceiling that might include a provision providing authority to conduct auctions involving spectrum relinquished by television stations.

Broadcasterswrote House leaders Thursday, urging them to ensure television stations are not harmed if debt ceiling legislation includes a provision to give the Federal Communications Commission authority to conduct incentive auctions.

Such auctions are aimed at enticing broadcasters and others to voluntarily give up their spectrum in exchange for a share in the proceeds.

"Broadcasters are not opposed to granting the FCC voluntary incentive auction authority, so long as the authorizing legislation includes specific safeguards," the top executives with the nation's top four broadcast network affiliate groups wrote.

Supporters of incentive auctions say they could generate as much as $10 billion for deficit reduction. The White House and Congress are currently in talks over GOP demands that raising the debt ceiling be contingent on deficit reduction.

In their letter to House Speaker John Boehner, R-Ohio, and Minority Leader Nancy Pelosi, D-Calif., the broadcasters note that if the incentive auction provision is included as a revenue raiser in the debt ceiling deal, they want four "essential safeguards" included.

These include ensuring that the quality of a station's signal is not harmed if it is forced to relocate; that the incentive auction process does not hamper broadcasters' ability to offer new digital services; that the FCC be permitted to conduct only one round of incentive auctions; and that broadcasters be reimbursed for any costs associated with the process.

The Daily Show with Jon Stewart had some fun Monday with Federal Communications Commission member Meredith Attwell Baker's decision to leave the agency in June to take a job with Comcast just a few months after she voted to approve the cable provider's acquisition of NBC Universal.

After showing a news report noting Baker's complaints about the cumbersome and lengthy process the FCC uses to examine mergers, Stewart said, "Good for you Madam Commissioner, cutting through the red tape to save time and money for the American taxpayer. Finally, someone in government who is not just looking out for No. 1. I see big things for Meredith Baker."

He then ran a Fox News clip reporting on Baker's decision to leave the commission for Comcast and ran a tag line, "Well that was fast."

Meanwhile, one of the critics of the Comcast merger, ivi TV, has filed a Freedom of Information Act request with the FCC seeking all of Baker's correspondence related to ivi TV. Ivi and others have criticized Baker's decision to join Comcast.

Ivi, which is battling a copyright infringement suit filed by NBC and the other big networks, is seeking "any and all documents, including e-mails, sent or received by former Commissioner Meredith Attwell Baker or her staff in which our company, ivi, Inc. or our service ivi TV is referenced," the company said in its FOIA request filed Friday.

Ivi officials met with Baker and a staff member in December prior to the FCC's January vote on the merger to detail ivi's concerns with the deal but said they were dismayed by Baker's open support for the merger. An ivi spokesman said the company filed the FOIA request to see if there are any "conflicts of interest, collusion and the like."

Baker's staff did not immediately respond to a request for comment.

The Justice Department Thursday asked the Supreme Court to reverse a federal appeals court ruling that tossed out an indecency fine leveled by the Federal Communications Commission against ABC for a 2003 episode of "NYPD Blue."

Citing a 2010 ruling it made in a separate case, the Second Circuit Court of Appeals in New York in January ruled that the FCC's $1.2 million fine against ABC for briefly airing a female character's nude buttocks during the NYPD Blue episode was "unconstitutionally vague."

The Parents Television Council praised the Obama administration's decision to appeal the ruling.

"Today's appeal is a step in the right direction, but we urge the U.S. Supreme Court to consider the children and families who will be impacted if the broadcast decency law is dismantled," the council said in a statement. "The high court must not give the broadcast networks the opportunity to use narrow, misguided circuit court rulings to nullify the will of the American people, the intent of the U.S. Congress and several decades of Supreme Court precedent."

LAS VEGAS -- Federal Communications Commission member Meredith Attwell Baker found herself playing a mini version of the old "This Is Your Life" television game show Tuesday during her appearance at the broadcasters' annual convention.

While many of the regulatory sessions at the National Association of Broadcasters' annual show were focused on weighty policy issues, the audience at Baker's session had the chance to learn a little bit more about the Republican FCC member than just where she stands on retransmission consent and spectrum allocation.

After the audience got a chance to weigh in with their guesses, Baker revealed these key details about herself: She was voted most optimistic by her high school class mates; dedicated the Air Supply hit song "All Out of Love" to her junior high school boyfriend and owns six televisions.

After being quizzed on which Air Supply song she chose for that dedication, Baker quipped, "This is what happens when I am the only commissioner who comes."

NAB President Gordon Smith, who was leading the discussion with Baker, wasn't off the hook himself. The audience learned that the former Republican senator's favorite movie is not the classic "Mr. Smith Goes To Washington, as some guessed, but the 1980 hit comedy, "Caddyshack."

Baker did get the chance to provide her views on some more substantive issues. On the FCC's proposal to voluntarily reclaim some broadcaster spectrum through incentive auctions, Baker agreed that broadcasters deserve more answers about how the proposal would affect them.

The FCC plan, which must be authorized by Congress, would give those broadcasters who voluntarily give up their spectrum a share in the proceeds from the auction of those airwaves. The effort is aimed at trying to free up more spectrum to meet the nation's growing demand for mobile broadband services.

Noting concerns about the technical challenges that could face broadcasters who choose not to give up their spectrum, Baker said she wished the FCC had focused first on trying to reclaim satellite spectrum. "It would have been an easier proof of concept," she said.

On retransmission consent, the process used by cable and satellite firms to negotiate fees for the use of broadcasters' programming, Baker said she voted for the FCC's notice of proposed rulemaking last month to re-examine the issue because it specifically outlined areas where the agency did not have authority to intervene. "I urge the industry to keep at it so the FCC doesn't become active," Baker said.

LAS VEGAS -- It was a coming home of sorts for CBS President and CEO Leslie Moonves Tuesday at the National Association of Broadcasters annual show here.

During a question and answer session with Moonves, NAB President Gordon Smith said one of his greatest achievements in his two-year tenure with the broadcast industry's lobbying group was bringing CBS and Fox back into the NAB fold last May. All four networks quit NAB during the last decade over policy disputes but CBS and Fox were the last to return.

When asked why CBS returned, Moonves said he felt that given the issues facing the industry, such as the battle over broadcasters' spectrum, it was important for the industry to work together. "I looked at how cable was operating, they were operating with a bigger voice than we were," Moonves said. "We need the power of being together."

Moonves also credited Smith for his role in CBS's decision to return to NAB. He said Smith's speech at NAB's 2010 show helped persuade Moonves that the association was focused on the same issues the network cared about. "I want to follow you into battle," Moonves told Smith.

Moonves also discussed the Federal Communications Commission's incentive auction proposal, aimed at enticing broadcasters to voluntarily give up some of their spectrum in exchange for some of the proceeds from the auction of those airwaves. Incentive auctions are a central part of the FCC's plan to try to free up more spectrum for mobile broadband services.

"As long as it remains voluntary, we're fine with that because we are not going to volunteer," Moonves quipped. But he warned that, "As we see in Washington, things change. Deals are made. Suddenly that word voluntary incentive gets changed."

LAS VEGAS - Fighting back against those who claim their industry is dying, the National Association of Broadcasters is trying to make the case here that consumers are turning back to over-the-air television as they drop their cable subscriptions.

The issue gained new steam Monday morning with the release of a Consumer Electronics Association poll that the group said found only 13 percent of those polled support allowing broadcasters to keep their spectrum for over-the-air broadcasting while 65 percent favor auctioning that spectrum for other uses such as wireless broadband.

CEA has been arguing that broadcasters are inefficient users of spectrum and that it could be better utilized by wireless firms to help meet the nation's growing demand for wireless broadband.

The NAB has voiced concerns with an FCC proposal that would call on broadcasters to voluntarily give up spectrum in exchange for a share of the proceeds from the auction of those airwaves. The FCC and other federal regulators say more spectrum is needed to meet the growing demand for wireless broadband.

In response to the poll, NAB spokesman Dennis Wharton shot back in a statement that, "CEA apparently is not aware that the number of broadcast TV viewers is growing, not shrinking, as evidenced by the surge in pay TV cord-cutters."

The idea that more Americans are dropping their cable subscriptions and turning back to broadcast television came up at a morning session focused on the incentive auction issue. John Hane, a lawyer with Pillsbury, Winthrop, Shaw Pittman who follows spectrum issues for broadcasters, argued that in unveiling its incentive auction proposal last year, the FCC has failed to take into account these "cord cutters" who are turning back to television.

The CEA poll, conducted by Zogby in early April of 2,138 Americans, also said that only 10 percent of Americans get breaking news from over-the-air broadcasts compared with 38 percent who turn to Internet news sites for such information.

The poll, however, did not talk about other types of news. Wharton argued that, "Every survey but for those funded by CEA finds that most Americans continue to rely on broadcasting as their primary source for news."