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Satellite Wins Some, Loses Some at the FCC
The FCC has made some determinations on how to implement the Satellite Television Extension and Localism Act (STELA) and the results are a mixed bag for satellite.
On the good news side, DBS subscribers have finally been granted the same rights long enjoyed by cable subscribers as the Commission revised "significantly viewed" rules. The revisions mean that, like cable subscribers, satellite subs can now receive "significantly viewed" out-of-market broadcast stations so long as they also receive the in-market station via their satellite provider. Thus Nielsen DMA boundaries will no longer be the sole arbiter in what "local" stations a satellite sub can, or cannot, receive. Plus, DIRECTV and DISH will no longer be barred from delivering the HD signal of a "significantly viewed" station just because the Nielsen-designated "local station" does not make HD versions available.
On the bad news side, the FCC sided mostly with broadcasters in saying that outdoor antennas – not the much-more common indoor antennas – will be used to determine if a household can receive a local signal over the air. The determination appears mainly based on the argument that indoor antennas present too many variables ... that is, it would be too hard to set up standards. Which means, of course, that it will be much more difficult for households to gain "unserved" status when seeking access to distant broadcast signals.
Still, even the bad wasn't all bad as the FCC left some leeway for determining signal strength, albeit via outdoor antennas only. Said a DIRECTV spokesman of the FCC rulings: "We are pleased that the FCC has established rules that allow us to provide significantly viewed stations under similar terms as cable, giving subscribers in these areas additional competitive choices. We also welcome the Further Notice on the antenna standard to improve its accuracy. We want to ensure that when our subscribers are unable to receive a local signal, either through us or over-the-air, that they can get their network programming."
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