Programs/Content

Nonprofits courting DBS for set-aside channels

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A ground-floor chance to secure channel space on direct broadcast satellites is opening up for noncommercial organizations that have the wherewithal to deliver educational or informational public-service programming. DirecTV, the largest DBS system, has set a Sept. 1 [1999] application deadline for prospective programmers to be considered in its initial selection of new channels. PBS, Internews, and Free Speech TV are among the nonprofits vying for the space. DBS services–a once-crowded field of competitors that has merged down to two major players–are under orders from the Federal Communications Commission to allocate 4 percent of their video channel capacity for noncommercial educational programming.

History of public media

FCC Notice on DBS Public Interest Obligations, November 1998

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Before the FCC 98-307

FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554

In the Matter of Implementation of Section 25 of the Cable Television Consumer Protection and Competition Act of 1992 Direct Broadcast Satellite Public Interest Obligations

MM Docket 93-25

REPORT AND ORDER

Adopted: November 19, 1998
Released: November 25, 1998

By the Commission: Chairman Kennard issuing a statement; Commissioners Furchtgott-Roth; Powell and Tristani dissenting in part and issuing seperate statements. TABLE OF CONTENTS
I. INTRODUCTION

II. BACKGROUND

III. SUMMARY

IV. DISCUSSION paragraph

A. Definition of Providers of DBS Service

1.

System/Policy

DBS ruling: FCC reserves 4% of channels for education

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Direct broadcast satellite companies will have to set aside 4 percent of their video channel capacity for noncommercial educational programming, the FCC said last week. For a DBS operation like DirecTV/USSB, with around 200 channels, that would make eight for education. The companies will get to choose the provider of each channel. The vote Nov. 19 [1998] ended a long wait for set-aside rules.

Tech

Set-aside of DBS capacity for noncommercial use upheld by appeals court

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A federal appeals court has upheld the little-noticed 1992 law setting aside 4–7 percent of direct broadcast satellite capacity for “noncommercial programming of an educational or informational nature.” The Aug. 30, 1996, decision by a three-judge panel of the U.S. Court of Appeals in Washington, D.C., overturned a 1993 District Court decision that ruled the set-aside had violated DBS operators’ First Amendment rights. If the decision isn’t appealed successfully to the Supreme Court, the set-aside means that a DBS operator with 175 channels — that’s how many DirecTV claims — will have to offer 7-12 channels of noncommercial fare on its menu. The ruling provides ‘a great basis’ for arguing that broadcasters airing multiple digital channels be required to provide some noncommercial programming, says Sohn.

Public Media Policybase

Noncomm DBS set-aside upheld in Time Warner v. FCC decision, 1996

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This 1996 federal Circuit Court opinion upholds a provision of the 1992 Cable Act that mandates noncommercial educational or informational programming on 4-7 percent of DBS operators’ channel capacity [DBS provision]. The law was not challenged by DBS operators but by Time Warner, which opposed many provisions of the Cable Act. The decision was a major victory for public TV, which had tried for years to obtain reserved channels in the new media that would be comparable to the FM and TV channel reservations of earlier decades. [Current coverage: appeal verdict, FCC rules.]

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Argued November 20, 1995; Decided August 30, 1996

No. 93-5349
TIME WARNER ENTERTAINMENT CO., L.P., APPELLANT/PETITIONER
v.
FEDERAL COMMUNICATIONS COMMISSION AND THE UNITED STATES OF AMERICA, APPELLEES/RESPONDENTS

ASSOCIATION OF AMERICA’S PUBLIC TELEVISION STATIONS, ET AL., INTERVENORS

Consolidated with Nos.

Public Media Policybase

Reservation of noncomm DBS channels upheld, 1996

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This 1996 Circuit Court opinion upholds a provision of the 1992 Cable Act that mandates noncommercial educational or informational programming on 4-7 percent of Direct Broadcast Satellite operators’ channel capacity (DBS provision). The law was not challenged by DBS operators but by Time Warner, which opposed many provisions of the Cable Act. The decision was a major victory for public TV, which had tried for years to obtain reserved channels in the new media that would be comparable to the FM and TV channel reservations of earlier decades. (Current coverage: appeal verdict, FCC rules.)

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Argued November 20, 1995; Decided August 30, 1996

No. 93-5349
TIME WARNER ENTERTAINMENT CO., L.P., APPELLANT/PETITIONER
v.
FEDERAL COMMUNICATIONS COMMISSION AND THE UNITED STATES OF AMERICA, APPELLEES/RESPONDENTS

ASSOCIATION OF AMERICA’S PUBLIC TELEVISION STATIONS, ET AL., INTERVENORS

Consolidated with Nos.