NAB to FCC: Shut Down ATSC 1.0 by 2028 – What It Means for You?

The NAB's Roadmap: A Two-Phase Transition with Hidden Implications

The broadcast industry has reached what FCC Commissioner Brendan Carr described as a "break glass moment," prompting the NAB to propose a decisive timeline for completing the transition from traditional broadcasting to the NextGen TV standard (ATSC 3.0). The petition outlines a two-phase approach:

This structured timeline mirrors the approach taken during the analog-to-digital transition. However, what's not prominently featured in the NAB's petition is that, unlike the previous transition, ATSC 3.0 includes robust content protection systems that could enable broadcasters to encrypt formerly free broadcasts—potentially transforming the business model of over-the-air television.

While significant progress has been made—NextGen TV now reaches approximately 76% of American households—the full implications of this transition for consumer access remain underexplored in regulatory discussions.

Why NextGen TV Matters: Beyond Sharper Pictures to New Business Models

The transition to NextGen TV represents far more than an incremental improvement in broadcast technology. While the NAB emphasizes technical advantages, the financial implications may be equally significant:

• Enhanced visual experience with higher frame rates, improved resolution, and high dynamic range (HDR)
• Immersive audio capabilities including Dolby Atmos support
• Interactive features that transform passive viewing into a personalized experience
• Advanced emergency alerts with greater detail and geographic specificity
• Content protection systems enabling subscription models, pay-per-view, and tiered access to broadcast content
• Targeted advertising capabilities similar to digital platforms, raising potential privacy concerns

These advancements have been embraced by manufacturers, with more than 14 million NextGen TV-capable television sets already sold nationwide. However, consumers purchasing these sets may not fully understand the potential changes to content accessibility that could follow regulatory approval of the ATSC 1.0 sunset.

The Spectrum Bottleneck and Revenue Opportunities

Under the current transition model, one station in each market typically broadcasts the NextGen TV signal for all participating stations, while those stations continue broadcasting their primary signals in the legacy ATSC 1.0 format. This approach ensures no viewers lose access during the transition but creates significant technical constraints.

NAB President and CEO Curtis LeGeyt framed the issue in competitive terms: "Broadcasters have invested significantly in this transition, but outdated regulations threaten to stall progress. A clear transition plan will ensure every American benefits from the full potential of NextGen TV while also allowing broadcasters to remain competitive in a media marketplace where Big Tech operates unchecked."

What remains understated in this position is that "remaining competitive" may include adopting subscription-based models similar to streaming services. The petition argues that setting firm sunset dates would enable:

• Full implementation of advanced features currently limited by shared broadcast arrangements
• Development of datacasting capabilities creating new revenue streams
• Potential subscription services for premium content or enhanced features
• Pay-per-view capabilities for special events delivered over the air
• Tiered access models with basic channels remaining free but "premium" content requiring payment

"Without decisive and immediate action, the transition risks stalling and the realistic window for implementation could pass. Reaching the finish line requires industry-wide coordination and engagement—something individual broadcasters cannot do alone." — NAB Petition to the FCC

Regulatory Updates: What's Missing from the Conversation

The NAB petition extends beyond simply establishing sunset dates. It calls for comprehensive modernization of broadcast regulations, including:

1. Updated television reception device rules requiring that all new TVs sold in the U.S. include ATSC 3.0 tuners by February 2028
2. Adjusted MVPD carriage rules to ensure obligations remain fair during the transition period
3. Streamlined regulatory processes to enable broadcasters to upgrade infrastructure efficiently

What's notably absent from these proposals are consumer protections regarding content encryption and access fees. Unlike the digital television transition, which maintained the free broadcast model, the NAB petition does not address whether broadcasters should be required to maintain free access to core programming or be permitted to move entirely to subscription models.

Consumer advocacy groups are likely to push for explicit regulatory guarantees that basic broadcast content will remain freely accessible, even as premium features become available through subscription tiers.

What This Means for Consumers and the Industry

If approved by the FCC, the NAB's proposed timeline would have significant implications for multiple stakeholders:

• For viewers: All households would eventually need NextGen TV-compatible television sets or external tuners to continue receiving over-the-air broadcasts. Beyond this hardware requirement, consumers might face subscription fees for content that was previously free, potentially including local news, sports, and entertainment programming.
• For broadcasters: Clear deadlines would facilitate planning and investment while opening new revenue opportunities through both datacasting and potential subscription models. Local stations could see fundamental business model shifts from advertising-only to hybrid approaches combining advertising and direct consumer payments.
• For device manufacturers: A mandate for ATSC 3.0 tuners in all new television sets would accelerate production scale, but might also necessitate including conditional access modules capable of handling encrypted broadcast signals.
• For cable and satellite providers: The competitive landscape could shift if broadcasters begin offering premium tiers directly to consumers, potentially competing with traditional pay-TV packages.

Next Steps and Public Interest Concerns

The FCC will now review the NAB's petition, likely soliciting public comments from industry stakeholders, consumer advocacy groups, and technology manufacturers. Given the potential transformation of free television into a subscription service, public interest advocates are expected to push for explicit protections for free content tiers.

Industry observers anticipate significant debate around not only the proposed timeline but also the appropriate regulatory framework for content access and encryption. Unlike the digital television transition, which maintained the free broadcast model, this transition raises more fundamental questions about the purpose and accessibility of broadcast television.

For consumers, the potential requirement to pay for previously free content represents a significant shift in how Americans access information and entertainment. Low-income households, rural communities with limited broadband options, and elderly viewers who rely heavily on over-the-air television could be disproportionately affected if strong consumer protections are not included in the final regulatory framework.

The full NAB petition is available for public review, providing detailed justifications and implementation recommendations for this significant broadcasting transition.