Before the Federal Communications Commission Washington, D.C. 20554

In the matter of ) ) Authorizing Permissive Use of the ) GN Docket No. 16-142 “Next Generation” Broadcast Television Standard ) ) ) )

REPLY COMMENTS OF TEGNA INC.

TEGNA Inc. (“TEGNA”) files these reply comments in strong support of the petition by

the National Association of Broadcasters (“NAB”) asking the Commission to clarify its rules

governing the simulcasting arrangements needed to facilitate the rollout of Next Generation TV

(ATSC 3.0) broadcast television service to American viewers.1 As other broadcasters have

explained,2 the clarifications requested by NAB are essential to enabling stations to launch

ATSC 3.0 service efficiently and without disrupting viewers’ access to valuable over-the-air

programming. In particular, the Commission should affirm that a station wishing to launch

ATSC 3.0 service may arrange to have its program streams hosted by more than one host station,

regardless of whether the originating station’s non-primary streams will be simulcast in both

ATSC 1.0 and 3.0 formats.3 Such arrangements benefit the public by allowing broadcasters in

each market to develop flexible, coordinated ATSC 3.0 deployment plans that maximize both the

1 National Association of Broadcasters, Petition for Declaratory Ruling and Petition for Rulemaking, GN Docket No. 16-142 (filed Nov. 9, 2020) (“Petition”). 2 See, e.g., Initial Comments of Meredith Corporation’s Local Media Group, GN Docket No. 16-142, at 1 (filed Dec. 22, 2020) (“Meredith Comments”); Comments of The E. W. Scripps Company, GN Docket No. 16-142, at 2-3 (filed Dec. 23, 2020) (“Scripps Comments”); Comments of Pearl TV, GN Docket No. 16-142, at 2-3 (filed Dec. 24, 2020); Comments of Gray Television, Inc., GN Docket No. 16-142, at 1 (filed Dec. 24, 2020); Comments of Graham Media Group, Inc., GN Docket No. 16-142, at 2-3 (filed Dec. 24, 2020). 3 See Petition at 1-2.

benefits of advanced Next Generation TV features and viewers’ continued access to a variety of over-the-air programming during the transition.

TEGNA, as the owner of 64 stations in 51 markets as well as two leading multicast networks – True Crime Network and Quest – agrees with NAB that the clarifications (or, if necessary, rule amendments) proposed in the Petition are necessary to serve the twin goals of

“helping to preserve existing programming and facilitating the smooth deployment of the next generation of television service for American viewers.”4 Broadcasters have repeatedly

demonstrated their ability to conduct the voluntary transition to ATSC 3.0 in a manner that

serves both these goals, using the multi-host arrangements described in the Petition.

For instance, in 2020 TEGNA launched Next Generation TV broadcasts of five of its

stations’ primary streams: NBC affiliate KGW in Portland, Oregon; CBS affiliate WTSP in

Tampa, Florida; NBC affiliate KUSA in Denver, Colorado; and NBC affiliate KING and

independent station KONG in the Seattle-Tacoma market. The transitions in each of these

markets required creative coordination among multiple stations. In the Portland market, for

example, Meredith Corporation’s station KPDX serves as an ATSC 3.0 lighthouse, transmitting

its own primary stream and the primary streams of co-owned station KPTV, TEGNA’s KGW,

and Oregon Public Broadcasting’s KOPB in ATSC 3.0.5 KPDX simulcasts its primary stream in

ATSC 1.0 via KPTV, which also hosts one of KPDX’s multicast streams, while TEGNA hosts

two of KPDX’s multicast streams in ATSC 1.0 via KGW.6 This arrangement has allowed all

four stations to begin offering ATSC 3.0 versions of their primary streams, while at the same

4 Petition at 7. 5 See File No. 0000107795 (KPDX Multicast Disclosure Exhibit); File No. 0000115984 (KOPB License Modification Application). 6 File No. 0000107795 (KPDX Multicast Disclosure Exhibit). 2

time preserving viewers’ access to all existing over-the-air channels in the market in the ATSC

1.0 format.

Similarly, in the Seattle-Tacoma market, TEGNA’s KONG serves as an ATSC 3.0 lighthouse, broadcasting Next Generation TV versions of its own independent primary stream,

the NBC-affiliated primary stream of its sister station KING, and the primary streams of FOX

affiliate KCPQ, Tacoma, Washington, and MyNetwork affiliate KZJO, Seattle, Washington,

both licensed to Fox Television Stations, LLC (“Fox”).7 KONG broadcasts an ATSC 1.0

simulcast of KONG’s primary stream via KING’s existing facilities.8 However, due to

bandwidth constraints, KING is unable to host KONG’s This TV and Bounce multicast streams.9

Instead, in order to avoid disruption to local viewers and preserve the public’s access to over-the- air programming choices, these multicast streams are hosted by KCPQ and KZJO, respectively.10

KONG does not have sufficient capacity to simulcast these multicast streams in ATSC 3.0

without degrading the ability of KING, KONG, and the Fox stations to offer advanced Next

Generation TV services to the public, such as enhanced video and audio (using features such as

High Dynamic Range video and Dolby AC-4 immersive audio) and targeted emergency alerting

functions.11 Thus, without the flexibility to relocate its multicast streams to multiple ATSC 1.0 hosts, KONG would have had to either forego its conversion to Next Generation TV service

(thus impeding the ability of KING and the Fox stations to offer advanced service, as well) or else eliminate its broadcast of some or all of KONG’s multicast streams altogether. Neither option would serve the public interest, nor would such a restrictive approach be consistent with

7 KONG-TV, Inc., Letter, File No. 0000127063, at 1-2 (MB Vid. Div. Dec. 11, 2020) (“KONG Multicast STA Grant”). 8 Id. 9 Id. at 2. 10 Id. 11 Id. 3

the Commission’s recognition that “it is critical that Next Gen TV broadcasters continue to

provide service using the current ATSC 1.0 standard to deliver DTV service while the

marketplace adopts devices compatible with the new 3.0 transmission standard in order to avoid

either forcing viewers to acquire new equipment or depriving them of television service.”12

As Meredith notes, although so far broadcasters have been able to enter into the necessary multi-host arrangements through “a series of Special Temporary Authority grants from the Commission’s staff … the public interest is not best served by a continuous series of six- month extensions, or by uncertainty.”13 Rather, TEGNA agrees with Scripps that “[t]o promote

regulatory certainty and efficiency, the Commission should” act on NAB’s Petition “by

providing for the designation of multicast host stations (whether simulcast or non-simulcast) on a

lighthouse station’s ATSC 3.0 license in the same manner as the primary simulcast host

station.”14

The Petition explains that such arrangements do not burden other parties or affect the

Commission’s general licensing policies because the arrangements “create no new carriage rights

for multicast streams, which are not entitled to must-carry carriage” and “create no new station licenses or alienable interests,” as all streams would continue to be broadcast under the originating station’s single broadcast license.15 Recognizing (or, if necessary, codifying) these multi-host arrangements simply would provide needed clarity (1) that the hosting arrangements do not create attributable interests under the broadcast ownership rules, and (2) that the

originator of each multicast stream at issue, and “not the host, would be the sole party

12 Authorizing Permissive Use of the “Next Generation” Broadcast Television Standard, 2nd R&O and Order on Recon., 35 FCC Rcd 6793, 6794 (2020) (“Next Gen 2nd R&O”). 13 Meredith Comments at 1 (footnote omitted). 14 Comments of The E. W. Scripps Company, GN Docket No. 16-142, at 5 (filed Dec. 23, 2020). 15 Petition at 6. 4 responsible for ensuring compliance with statutory and regulatory requirements regarding hosted multicast streams.”16 With these rules of the road firmly in place, broadcasters will be well positioned to extend the benefits of Next Generation TV to more markets without depriving viewers of the variety of multicast programming options available over the air.

Respectfully submitted, TEGNA INC.

/s/ Akin S. Harrison Akin S. Harrison Senior Vice President, General Counsel and Secretary Michael Beder Associate General Counsel 8350 Broad Street, Suite 2000 Tysons, VA 22102

January 25, 2021

16 See id. 5