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 ) ) )

COMMENTS OF THE E. W. SCRIPPS COMPANY

The E. W. Scripps Company (“Scripps”)1 hereby submits these comments in support of the

Petition for Declaratory Ruling and Petition for Rulemaking (the “Petition”) submitted by the

National Association of Broadcasters (“NAB”) asking the Commission to clarify and, to the extent necessary, change the licensing framework for multicast streams in connection with the deployment of ATSC 3.0.

Scripps is among the leaders in introducing ATSC 3.0 technology and developing its immense potential for new public services. Having first launched ATSC 3.0 operations in the

Phoenix market, Scripps is currently operating using the ATSC 3.0 standard in a total of six television markets—Phoenix, Las Vegas, Nashville, Tampa, , and Denver.2 In two of those markets, Phoenix and Detroit, Scripps’ stations serve as the market “lighthouse” stations where

1 Scripps, through its licensee subsidiary companies Scripps Media, Inc., and Scripps Broadcasting Holding LLC, is currently the licensee of television stations across 42 markets. Upon consummation of its acquisition of Networks, Inc., as recently approved by the Commission, Scripps will own television stations across 76 markets. See FCC File Nos. BTCCDT-20201013AAO, BTCCDT-20201013ACH, and BTCCDT-20201013AABV. 2 See KASW(TV), Phoenix, AZ, FCC File No. 0000106570 (Phoenix, 3.0 Host); KTNV-TV, Las Vegas, NV, FCC File No. 0000112823 (Las Vegas, 3.0 Guest); WTVF(TV), Nashville, TN, FCC File No. 0000115766 (Nashville, 3.0 Guest); WFTS-TV, Tampa, FL, FCC File No. 0000125994 (Tampa, 3.0 Guest); WMYD(TV), Detroit, MI, FCC File No. 0000125639 (Detroit, 3.0 Host), WXYZ-TV, Detroit, MI, FCC File No. 0000126705 (Detroit, 3.0 Guest); KMGH-TV, Denver, CO, FCC File No. 0000129222 (Denver, 3.0 Guest).

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Scripps has converted KASW(TV)’s and WMYD(TV)’s broadcast facilities to the ATSC 3.0 standard and hosts the transmission of other stations in their respective markets in ATSC 3.0. In addition to broadcasting the simulcast primary video programming streams of the Detroit participating stations in the ATSC 3.0 standard, Scripps and the other Detroit broadcasters have also launched a “Motown 3.0 Test Track” using a portion of the bandwidth and spectrum capacity of WMYD(TV)’s ATSC 3.0 facility. The “Test Track” provides a research and development environment for the automotive industry to “road test” proof-of-concepts and connected car solutions using the Internet protocol capability of the ATSC 3.0 standard. As that project illustrates, Scripps sees immense potential in ATSC 3.0 technology, not just in enhanced over-the- air television and emergency alerting services, but also for multichannel television programming platforms, automotive applications, delivery of educational materials for distance learning and other applications to help bridge the digital divide, and other innovative services.

As NAB notes in the Petition, broadcasters have identified a gap in the Commission’s

ATSC 3.0 rules that impacts ATSC 3.0 deployment and requires clarification. It is often the case that a station that converts its facilities to ATSC 3.0 (a “lighthouse station”) has existing ATSC

1.0 multicast programming streams in addition to its primary programming stream. Due to ATSC

1.0 capacity constraints, a lighthouse station is often unable to air its non-primary multicast streams on the same ATSC 1.0 host station as its required primary ATSC 1.0 simulcast programming stream.

Preservation of multicast streams in the ATSC 1.0 standard is critical for a successful

ATSC 3.0 deployment. Stations may not be willing to convert to ATSC 3.0 if that means disenfranchising their over-the-air ATSC 1.0 multicast viewers. Accordingly, coordinated ATSC

3.0 deployment plans in many markets provide for ATSC 1.0 hosting arrangements among

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multiple stations through which the lighthouse station’s multicast programming streams are hosted by one or more other stations in the ATSC 1.0 standard. Simulcasting those multicast programming streams in ATSC 3.0 is a different matter, though. Due to ATSC 3.0 capacity and other constraints attendant with the multi-station and multi-market coordination needed for a successful ATSC 3.0 deployment across the country, it is often not feasible for a lighthouse station to simulcast its non-primary multicast streams in the ATSC 3.0 standard. As such, while ATSC

3.0 deployment arrangements typically maintain a lighthouse station’s multicast programming in

ATSC 1.0, that non-primary programming is usually unable to be simulcast in ATSC 3.0.

While such non-simulcast multicast hosting arrangements are being implemented hand-in- hand with coordinated ATSC 3.0 market deployment plans, and are necessary to give effect to simulcasting arrangements as required by the primary video programming stream simulcasting requirement in the Commission’s ATSC 3.0 rules,3 the Commission’s rules do not expressly address non-simulcast multicast hosting arrangements. This creates regulatory uncertainty as to the licensing framework for the lighthouse station’s multicast streams, including potential uncertainty as to whether ATSC 1.0 multicast streams are covered under the broadcast license of the lighthouse station originating the multicast streams, uncertainty as to the applicability of the broadcast ownership rules, and uncertainty as to which station—the lighthouse or the ATSC 1.0 host—is responsible for compliance with the Communications Act of 1934, as amended (the

“Act”) and the Commission’s rules with respect to the multicast programming streams.

In connection with Scripps’ ATSC 3.0 deployment, the Media Bureau has granted special temporary authorizations to temporarily address these regulatory uncertainties. In both Phoenix and Detroit, Scripps has special temporary authorizations for KASW(TV) and WMYD(TV),

3 See 47 C.F.R. § 73.3801.

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respectively, clarifying that for purposes of the Act and the Commission’s rules, the non-simulcast multicast programming streams of each of those stations are considered to be originated by the respective Scripps station, even though they are being broadcast over the ATSC 1.0 facilities of different stations.4 The special temporary authorizations also clarify that the Commission’s ownership rules do not apply so long as the non-simulcast multicast streams are being aired pursuant to an active and Commission-authorized ATSC 3.0 simulcasting arrangement with respect to the primary stream.5 In Nashville and Denver, the lighthouse stations each have similar special temporary authorizations covering their non-simulcast multicast streams as hosted on

Scripps’ stations in ATSC 1.0.6 Scripps places a high priority on preserving over-the-air delivery of multicast programming services, and absent the clarification provided by these special temporary authorizations, Scripps may have been unable to participate in the ATSC 3.0 deployment in these markets without sacrificing this goal.

In Scripps’ ATSC 3.0 markets, Scripps has received no complaints of viewer confusion as to which stations are originating the multicast programming covered by the special temporary authorizations. This is not a surprise, as the PSIP (virtual) channels for each of these program streams remain unchanged and are identified as being associated with the originating lighthouse station. From the viewer’s perspective, the lighthouse station is the originating station. Similarly,

Scripps has received no concerns from MVPDs in these markets. This is also unsurprising, as prior notice was given to the relevant MVPDs of the relocation of the ATSC 1.0 non-primary multicast

4 See FCC File Nos. 0000120506 and 0000125643. 5 See id. 6 See FCC File Nos. 0000115867 (WNAB(TV), Nashville, TN) and 0000128312 (KWGN- TV, Denver, CO).

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streams and because the special temporary authorizations do not any new carriage rights (or obligations) related to the multicast streams.

By facilitating the deployment of ATSC 3.0 and the preservation of existing over-the-air programming services, non-simulcast multicast arrangements are clearly in the public interest. And as Scripps’ experience shows, these arrangements should raise no concerns on the part of viewers or

MVPDs. Scripps greatly appreciates the Media Bureau’s consideration and accommodation in facilitating the special temporary authority framework for its non-simulcast multicast arrangements.

That is not, however, a perfect, long-term solution—special temporary authorizations are, of course, limited, must be renewed every six months, and require additional time for the Media Bureau’s staff to prepare letter authorizations. To promote regulatory certainty and efficiency, the Commission should address this issue in the ATSC 3.0 licensing framework 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. This would further the public interest by streamlining the authorization process and providing the needed clarity to facilitate the further deployment and advancement of ATSC 3.0. As such, Scripps urges the Commission to act on NAB’s Petition.

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For the foregoing reasons, Scripps supports NAB’s Petition and respectfully requests that the Commission promptly clarify and, to the extent necessary, change the ATSC 3.0 licensing framework to provide that a lighthouse station’s ATSC 3.0 license covers that station’s ATSC 1.0 non-primary multicast streams as aired on the ATSC 1.0 facilities of one or more other stations in the market, regardless of whether those multicast streams are simulcast in 3.0, and that the ATSC

3.0 lighthouse is deemed to be the station originating and responsible for the ATSC 1.0 multicast streams under the Act and the Commission’s rules and regulations.

Respectfully submitted,

/s/ Coe W. Ramsey BROOKS, PIERCE, MCLENDON, HUMPHREY & LEONARD, L.L.P. Wells Fargo Capitol Center, Suite 1700 Raleigh, N.C. 27601 Telephone: (919) 839-0300 Counsel for The E. W. Scripps Company

December 23, 2020

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