Filings Back Mobile DTV Devices Without Analog Tuner

The Media Bureau issued a notice seeking public comment (CD May 24 p5) days after getting the waiver requests, which meant it was a high priority, an agency official said. It’s unclear if the bureau or full commission will ultimately rule on the requests, the official and others said. The petitioners sought action by summer, with Dell and LG asking that all “similarly situated” manufacturers get the same relief.

Getting a waiver order soon is “very doable” in the view of Executive Director Chris McLean of the Consumer Electronics Retailers Coalition (CERC): “Consensus in the comments helps the agency work expeditiously.” LG realizes the commission has a “very full plate,” but “this is not very controversial,” said Vice President John Taylor. “I think there is widespread agreement that analog tuners in mobile DTV devices simply provide no utility for consumers. … Everybody is trying to draw a fence around this for products that are designed primarily for mobile digital television reception, whether that’s a mobile phone or a PDA or a laptop or an in-car solution.” The filings seem to “show irrefutable support for the waivers,” said CEA Vice President Julie Kearney. “We're very hopeful that the commission will act on the petitions."

CEA said the “targeted” waivers won’t cause “countervailing public interest harms” and so should be approved expeditiously. “With battery-powered mobile and handheld devices utilizing the A/153 standard, consumers will have convenient access to broadcasters’ local DTV programming,” the group said. “Given the strong consumer demand for mobile video content, consumer electronics manufacturers are anxious to begin introducing a variety of portable and handheld devices -- including cellphones, PDAs, netbooks, laptops, and automotive (in-vehicle) receivers -- incorporating A/153 mobile tuners by the 2010 holiday season.” Such gear can get TV in emergencies since they're battery powered, CEA said. The ATSC supported Dell and LG’s petition: “Incorporation of an analog tuner in mobile DTV receivers is not likely to provide consumers with any significant benefits."

A waiver would help promote the “nascent service” of mobile DTV, and requiring an analog tuner would increase device complexity and size, Cox Media Group said. “Strict adherence would not generate benefits for viewers who would be extremely unlikely to receive analog service effectively on mobile devices due to the technical limitations of analog service -- and in any event would not receive analog service for much longer as it is certain to terminate soon.” The station owner cited the National Broadband Plan, which envisions an end to analog low-power TV by the end of 2015 or after the broadcast spectrum reallocation is done. Market forces compelling such broadcasters to go all-digital may accomplish that goal before 2015, said lawyer Peter Tannenwald of Fletcher Heald, who has LPTV clients that have gone digital. But it appears the petitions would “force a digital transition on those low-power stations that are not ready for it,” he said.

Fisher Communications said the waivers are “essential” for CE makers to introduce devices supporting the ATSC A/153 mobile DTV standard. An optional A/53 digital tuner in devices such as netbooks will be useful when stationary, Intel said, but “analog reception would be largely illusory because of the limited coverage of the ever-diminishing number of analog LPTV stations, which operate with substantially smaller service areas than do full power DTV stations.” Many low-power broadcasters have gone digital, said the Association of Public Television Stations, Corporation for Public Broadcasting and Public Broadcasting Service.

Expedited approval of the Dell/LG request would meet the holiday 2010 time frame for shoppers to have devices available to buy, said CERC, whose members include Amazon.com, Best Buy, RadioShack, Target and Wal-Mart. “As the Commission knows, the success of new consumer electronics products is often dependent on Holiday sales. Typically, orders for products to be sold over the Holidays are placed with manufacturers at least 6 months” before goods hit shelves, it said. “Noting that this window of opportunity is already within that six month period, CERC urges the Commission to provide this waiver as quickly as possible so that manufacturers, retailers, broadcasters and most importantly, consumers can benefit from these new services and products before the beginning of 2011."

Some commenters differ on labeling requirements that should be attached to non-analog tuners. CEA said labeling isn’t needed, since devices marketed as mobile DTV receivers bring little or no consumer expectation of analog reception. Kenwood asked that the words “digital only” be displayed on the outer-box packaging and also that the waiver apply to any non-fixed device capable of A/153 decoding. Sinclair Broadcast Group said mobile DTV products can be “easily identified” in the ATSC “mobile DTV” self-certification process and “there should be little confusion by a consuming public.”