Table of Contents
- Introduction
- ATSC 3.0 Is the Future of Broadcasting
- Patents and the Importance of Reasonable and Non-Discriminatory Licensing in the ATSC 3.0 Transition
- Sinclair鈥檚 Patent Gives Them Unique Market Power
- The FCC鈥檚 Failure to Adopt a RAND Licensing Requirement Is a Gift For Sinclair That Breaks With Decades of Precedent
- Conclusion and Recommendations
ATSC 3.0 Is the Future of Broadcasting
In November 2017, the FCC voted to approve the ATSC 3.0 transmission standard that will serve as the basis for Next Generation TV. This new transmission standard, and several innovations that are slated to come with it, are a major part of broadcasters鈥 efforts to keep up with the transformation of the television industry. This evolution is nearly upon us; the FCC鈥檚 order, and with it, the transition to ATSC 3.0, went into effect on March 5, 2018, although the actual rollout of the transmission technology will take time.
ATSC 3.0 is essential for broadcasters to keep up with the quickly-evolving television ecosystem鈥攐ne that is becoming increasingly influenced by internet-connected devices, over-the-top (OTT) video services, and other multi-video programming distributors such as cable companies. The National Association of Broadcasters, the Consumer Technology Association, America鈥檚 Public Television Stations, and the Advanced Warning and Response Network (AWARN) Alliance argued that the new standard is needed to 鈥渆nable television broadcasters to continue to serve viewers effectively, compete in the marketplace and innovate by voluntarily utilizing a new transmission standard permitting broadcasters to upgrade to an IP-based transport layer as other industries have already done.鈥1
The way Americans consume television is changing. Surveys show that the traditional broadcast and cable companies face increasing competition from streaming services.2 The Pew Research Center found that 61 percent of U.S. adults aged 18 to 29 years old reported that an online streaming service was the primary way they watch television.3 Just 31 percent of Americans in the same age bracket said a cable or satellite subscription was their primary way of watching television, and only 5 percent reported relying primarily on a digital antenna.4 More than half of 18- to 29-year-olds surveyed by Morning Consult said they use streaming services more than traditional television, as did 40 percent of 30- to 44-year-olds.5 The same report found that 40 percent of Americans said they watch more streaming services compared to two years ago.6
Other reports have found that streaming services have almost as many viewers as traditional television. Last year, the Interactive Advertising Bureau reported that Americans spend 39 percent of their time on internet-connected televisions watching traditional live TV, and 24 percent streaming video.7 Among internet users, 31 percent reported a streaming service as their primary way of accessing video content, compared to 35 percent who named their cable provider.8
Amazon,9 Facebook,10 and Twitter11 have secured deals to stream live sports on their platforms, expanding the battle for viewers to an arena that has traditionally been a major revenue source for the broadcast industry.12 The National Football League has reportedly asked media companies to bid on seasons of Thursday Night Football and are signalling that if TV networks are not interested, the contract could go to an online streaming company.13 In 2017, Amazon won the digital streaming rights for Thursday Night Football, and Twitter, YouTube, and Verizon are competing with Amazon for the rights this year.14
The advent of streaming services and their growing popularity are precisely why ATSC 3.0鈥檚 promised innovations are so vital to broadcasters.
These new features include upgrades to the viewing experience unavailable in the current broadcast standard, such as ultra high-definition picture quality and audio quality that is more personalized and immersive.15 Broadcasters also say that the new transmission standard will enable the integration of broadcast programming with other Internet Protocol (IP) services, advanced emergency alert information, the ability to target news and weather by geolocation, and datacasting.16 The new transmission standard will also bring enhanced picture quality to mobile devices.
ATSC 3.0 will also allow broadcasters to track viewers鈥 habits and air targeted advertisements.17 Sinclair executive Mark Aitken said viewer data would give the company 鈥渢ens of millions of extra dollars in [its] pocket.鈥18
The importance of ATSC 3.0 to the future of the broadcast industry makes Sinclair鈥檚 power as a key patent holder in the space especially significant. Although broadcasters eagerly await the transition to the new transmission standard to retain and acquire more viewers, they will all have to pay royalties to Sinclair to participate in Next Generation TV.
Citations
- Petition for Rulemaking at the Federal Communications Commission, National Association of Broadcasters, Consumer Technology Association, America鈥檚 Public Television Stations, and Advanced Warning and Response Network Alliance, page 2,
- Christopher Zara, 鈥淣etflix vs. cable: Subscribers are neck and neck now, says PwC,鈥 Fast Company, December 19, 2017, (鈥淎ccording to a new report from PricewaterhouseCoopers, the number of Americans who subscribe to cable TV is now on par with the number who subscribe to Netflix, and it鈥檚 only a matter of time before Reed Hastings and company pull ahead of the pack. Based on a survey of 2,000 consumers, PwC found that 73% subscribe to a traditional pay-TV service, down from 76% in 2016 and 79% in 2015. Meanwhile, the percentage who said they subscribe to Netflix is also at 73%鈥損utting it dead even with cable.鈥)
- Lee Rainie, 鈥溌槎构炒 6 in 10 young adults in U.S. primarily use online streaming to watch TV,鈥 Pew Research Center, September 13, 2017,
- Ibid.
- Victoria Sgarro and Laura Nichols, 鈥淚nfographic: How Cord-Cutters Are Giving Cable a Run for Its Money,鈥 Morning Consult, March 22, 2017,
- Ibid.
- Rani Molla, 鈥淢ost Americans can get internet on their TV 鈥 but they鈥檙e still mostly watching plain old TV,鈥 Recode, May 10, 2017,
- Rahul Chadha, 鈥淪treaming-First Consumers Erode Cable TV's Dominance,鈥 eMarketer, December 5, 2017,
- Todd Spangler, 鈥淎mazon鈥檚 Big NFL Play Could Kick Off a Shake-Up in TV Sports Rights,鈥 Variety, September 26, 2017,
- Kurt Wagner, 鈥淔acebook will stream 20 MLB games for free this season,鈥 Recode, May 18, 2017, ; Kevin Tran, 鈥淔acebook is becoming a go-to platform for live streaming sports,鈥 Business Insider, June 29, 2017,
- Terry Collins, 鈥淭witter releases MLB streaming schedule after losing NFL deal,鈥 CNET, April 5, 2017, .
- Scott Rosner, 鈥淏roken Retransmission Policy Causing Sports Blackouts,鈥 HuffPost, September 26, 2017,
- Jon Lafayette, 鈥淭hursday Night Football Could Go Digital, NFL Tells Networks,鈥 Broadcasting & Cable, December 22, 2017,
- Kurt Wager, 鈥淭witter, YouTube, Amazon and Verizon are competing for streaming rights to the NFL鈥檚 鈥楾hursday Night Football鈥,鈥 Recode, Feb. 15, 2018,
- Jim DeFilippis, 鈥淒o We Need More Audio? A Primer on Immersive (3D) Sound,鈥 TV Technology, August 12, 2015,
- Petition for Rulemaking at the Federal Communications Commission, National Association of Broadcasters, Consumer Technology Association, America鈥檚 Public Television Stations, and Advanced Warning and Response Network Alliance, page iii,
- Brian Fung, 鈥淭V stations are about to track you and sell targeted ads, just like Google and Facebook,鈥 Washington Post, November 14, 2017, (鈥淭he Federal Communications Commission is expected to vote Thursday on rules designed to promote the spread of what it calls Next Gen TV, a new technology that, among other things, will enable television broadcasters to collect data about your viewing habits. That information will give broadcasters the ability to sell targeted advertising against their programming, something that's become common practice among ad giants such as Google and Facebook. Other industries have also been racing to adopt data-driven ad targeting, too, including Internet providers such as Verizon and AT&T.鈥)
- Ben Munson, 鈥淪inclair VP: ATSC 3.0 will allow us to ditch Nielsen, save millions,鈥 FierceCable, November 3, 2016,