Abstract
This paper discusses the requirement for going digital and the promise of digital television. It highlights the funding pressures and programming challenges facing public television and explains how the digital conversion is exacerbating these difficulties. This paper focuses on how digital technology itself, more than any other challenge, presents a real threat to public television. It concludes that, in order for public television to tackle these and other issues, it must hearken back to some of the basic principles upon which it was founded
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Robert Saudek, “The Role of ETV and Its Relation to Programs,” Memorandum on some thoughts expressed at breakfast on June 15, 1966 with Messrs. Land, Weeks and White, N.D.
Throughout this article, the author will use the generic term “Public Television” to refer to the entire system of noncommercial stations and the organizations that service them. Any references to particular organizations, such as the Corporation for Public Broadcasting (CPB) or Public Broadcasting Service (PBS) will be specifically identified.
Joel Brinkley, “PBS Makes Digital Plans,” New York Times 20 October 1997. For example, some of Public Television’s digital “firsts” include: first broadcaster in North America to develop an all digital technical plant and satellite delivery system (PBS); first television station to provide a high definition test signal (WMVT, Milwaukee); and first station in the United States to produce high definition programming (KCTS, Seattle).
Fifth Report and Order, In the Matter of Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service, MM Docket No. 87-268, 12 FCC Red 12809(1997).
Some would question whether broadcasters are really compelled to convert to digital television given the fact that broadcasters had originally petitioned the FCC to develop high definition television as a means to protect spectrum. See, e.g., Joel Brinkley, Defining Vision: The Battle for the Future of Television (New York: Harcourt Brace & Co., 1997): 3–31.
Fifth Report and Order 61.
Approximately twenty-four stations voluntarily committed to begin digital broadcasting by November 1998. Fifth Report and Order 76, n. 164
The FCC gave several justifications for its decision to adopt an aggressive timetable.First, digital broadcast television stands a risk of failing unless it is rolled out quickly. Second, a rapid construction period will promote DTV’s competitive strength internationally, as well as domestically. Third, an aggressive construction schedule helps to offset possible disincentives that any individual broadcaster may have to begin digital transmission quickly. as well as the possible absence of market forces that might themselves ensure rapid construction. Fourth, a rapid build-out works to ensure that recovery of broadcast spectrum occurs as quickly as possible. Fifth Report and Order 80-83.
Fifth Report and Order 93.
Fifth Report and Order 99.
Notwithstanding the delay in finalizing the digital channel allotments, the FCC recently affirmed this rollout schedule. Memorandum Opinion and Order on Reconsideration of the Fifth Report and Order, In the Matter of Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service, MM Docket No. 87-268, 13 FCC Red 6860 (1998) 59.
Fifth Report and Order 97. The need to recover valuable spectrum is driven not only by the FCC but also by Congress itself. After the release of the Fifth Report and Order, Congress enacted the Balanced Budget Act of 1997, specifically stating that analog broadcast licenses may not be renewed beyond December 31, 2006. 47 U.S.C. § 336(c). However, in so codifying the spectrum recovery date, Congress created an exception that could conceivably extend the digital transition period well beyond 2006. Specifically, Congress stated that an extension of the target end-date may be granted to a station if the FCC finds, among other things. that 15 percent or more of the television households in the station’s market do not have a digital receiver or set-top box that can receive the station’s digital signal. 47 U.S.C. $ 309(j)(14)(B)
Nevertheless. some public television stations in the major markets have already decided to begin digital broadcast earlier in order to remain competitive with their commercial counterparts.
Fifth Report and Order 93.
See. e.g., James Ledbetter, Made Possible By… The Death of Public Broadcasting in the United States (London: Verso 1997) 75–88; Laurence Jarvik, PBS: Behind the Screen (Rocklin: Prima 1997) 23-30: James Day. The Vanishing Vision: The Inside Story of Public Television (Berkeley: University of California Press 1995) 212-230.
Quoted in Christopher Stern, “PBS Tries to Keep Eggs in Nest: Pubcasters Courts Corps. To Cut Defections,” Variety June 1998.
Quoted in Dan Egbert.’ Tauzin Wants PBS Funded By Private Sector,” State News 18 June 1998.
Quoted in Stern. “PBS Tries to Keep Eggs in Nest: Pubcasters Courts Corps. To Cut Defections.”
See. e.g., Paul Farhi. “Public TV’s Distress Call: Stations Seek $771 Million From Congress for Digital Update, The Washington Post 16 October 1997.
See, e.g.. Brooks Boliek. “Clinton Pledge: $450 Million to PBS for Move to Digital, The Hollywood Reporter 3 February 1998.
A Bill to Establish the Commission for the Future of Public Broadcasting and Authorize Appropriations for the Corporation for Public Broadcasting, and for Other Purposes, H.R. 4067. 105th Cong.. 2d Sess. (1988).
Additionally. because of the likely shortage of funding, the system will need to confront the politically sensitive and potentially explosive issue of overlapping stations — areas where there are several public television stations operated by separate licensees.
Statement by Robert G. Ottenhoff, PBS Press Release 8 August 1997.
A Bill to Establish the Commission for the Future of Public Broadcasting § 103(a)(5).
See. e.g., Eli Noam, “Public Interest Programming by American Commercial Television,” Public Television in America (forthcoming): 145.
Nielsen Homevideo Index, Cable Activity Report (1Q94 & 1Q98).
Nielsen Homevideo Index, Cable Activity Report (1Q94 & 1Q98).
Nielsen Homevideo Index, Cable Activity Report (1Q94 & 1Q98).
Nielsen Homevideo Index, Cable Activity Report (1Q94 & 1Q98).
Ledbetter 14.
Associated Press. “Nickelodeon, Children’s TV to Launch Noggin,” U.S.A. Today 29 April 1998.
Robert G. Ottenhoff. “Programs Do Migrate; The Question is How We Respond,” Current 8 June 1998.
See. e.g., Stern. “PBS Tries to Keep Eggs in Nest: Pubcasters Courts Corps. To Cut Defections.”
In order to stem the tide of these defections, PBS is proposing to establish PBS-branded distribution outlets. Such proposals are controversial, as many member stations justifiably fear that a PBS channel would bypass them, compete for viewers, and possibly make them less relevant to the local viewers. After much debate, the member stations voted in 1997 to approve the distribution of a PBS national feed through direct satellite service. Other PBS distribution channels. including a PBS cable channel, are being considered. See, e.g., Ottenhoff. “Programs Do Migrate: The Question is How We Respond.”
Ottenhoff. “Programs Do Migrate; The Question is How We Respond.”
In his opening address to the Advisory Committee, the Vice President correctly noted that the flexibility and extensibility of the new digital technology are so limitless that digital broadcasting is likened to the Wild West. “If we don’t map out some of that terrain for public purposes. if we don’t carve out meaningful public space on our newest public airwaves. we could lose that opportunity for good.” Transcript of the Meeting of the Advisory Committee on Public Interest Obligations of Digital Television Broadcasters 22 October 1997: 14-15
Because of space limitations. this paper cannot fully address another major challenge related to Public Television’s programming, made even more complex by the digital transition: cable “must-carry.” Currently, approximately 70% of American households subscribe to cable and view their local television stations over their cable channels. By law. a cable operator “must carry” a certain number of local broadcast stations on its system. The United States Supreme Court has upheld the constitutionality of the must-cam rules, but its application to digital television is unresolved. As of this writing, the FCC issued a notice of proposed rulemaking seeking public comment on how must-carry applies during and after the digital transition. Resolution of the must-carry issues will have serious implications on the viewing of Public Television’s programming in the digital world. Sotice of Proposed Rulemaking, In the Matter of Carriage the Transmissions of Digital Television Broadcast Stations. CS Docket No. 98-120 (1998).
Fifth Report and Order 36.
See. eg.. Price Colman. “TCI Banks on Digital Boxes,” Broadcasting & Cable 30 March 1998.
Stephanie N. Mehta. “U.S. West Is Set to Offer TV Programming and Internet Access Over Phone Lines.” The Wall Street Journal 20 April 1998.
Larry Downes and Chunka Mui, Unleashing the Killer App: Digital Strategies for Market Dominance (Boston: Harvard Business School Press 1998).
Downes and Mui 8.
William F. Baker and George Dessart, Down the Tube: An Inside Account of the Failure of American Television (New York: BasicBooks 1998) 234–243.
Baker and Dessart 214.
David Streitfeld. “Booking the Future: Does Amazon.com Show That Publishing Clicks on the Internet?.” The Washington Post 10 July 1998.
Carnegie Commission on Education Television, Public Television: A Program for Action (New York: Bantam Books 1967).
Public Television: A Program for Action 3.
Public Television: A Program for Action 98-99.
Some critics, however, have come to question the political independence of CPB. See, e.g.. Ledbetter 9-14.
Public Television: A Program for Action 69.
Public Television: A Program for Action 69.
America’s Public Television Stations, National Public Radio, Public Broadcasting Service, and Public Radio International. “The Road to Self Sufficiency: Public Broadcasting Meets Congressional Challenge.” 2 May 1995
Corporation for Public Broadcasting. Public Broadcasting Service, and America’s Public Television Stations. “Recommendations to the Advisory Committee on Public Interest Obligations of Digital Television Broadcasters: Strengthening Public Television for the Digital Age,” 8 June 1998:5
Media Access Project. “A Proposal for Public Interest Obligations of Digital TV Broadcasters.” 7 April 1998
Paige Albiniak. “$5 Billion Windfall for Public Broadcasting? Gore Commission Recommends Creation of Trust Fund.” Broadcasting & Cable 15 June 1998.
Public Television: A Program for Action 68-73. It is interesting to note that one member of the Commission. Joseph H. McConnell, did not concur with this recommendation. Instead. Mr. McConnell proposed the imposition of a franchise tax on commercial television stations, which “are licensed to use the airways in the ‘public interest’ and therefore “should at least share in the cost of Public Television.” Public Television: A Program for Action 72. footnote.
Corporation for Public Broadcasting. et al., “Recommendations to the Advisory Committee” 5.
Corporation for Public Broadcasting. et al., “Recommendacions to the Advisory Committee” 5-6.
Media Access Project 10.
Seth Schiesel, “With Cable Deal. AT&T Makes Move to Regain Empire,” New York Times 25 June 1998.
Public Television: A Program for Action 4.
Public Television: A Program for Action 14.
Public Television: A Program for Action 1.
Public Television: A Program for Action 92.
Public Television: A Program for Action 92.
Public Television: A Program for Action 14.
Public Television: A Program for Action 4-5.
Public Television: A Program for Action 14.
Public Television: A Program for Action 93.
Public Television: A Program for Action 92.
Public Television: A Program for Action 95.
Public Television. A Program for Action 92.
Public Television: A Program for Action 92.
Public Television: A Program for Action 94.
Public Television: A Program for Action 36.
Public Television: A Program for Action 34.
Public Television: A Program for Action 40.
Public Television: A Program for Action 36.
Transcript of the Meeting of the Advisory Committee on Public Interest Obligations of Digital Television Broadcasters 16 January 1998: 194–213.
The Belo Group. “Broadcasting in the Public Interest: A Proposal for Expanded Educational Programming in the Digital Age.” 31 March 1998.
Media Access Project 3-4.
Corporation for Public Broadcasting. et al., “Recommendations to the Advisory Committee” 6.
Lawrence K. Grossman, The Electronic Republic (New York: Viking Penguin 1995) 211. Additionally. promoting greater diversity and localism in Public Television’s public interest programming would further bolster its legal position that the “must-carry” requirements should extend to not only the existing analog channel, but also the digital signal. In rejecting the cable operators’ legal challenge that the analog must-carry rules imposed an unconstitutional burden on their First Amendment rights, the United States Supreme Court held that must-carry furthers several “important” governmental interests, including: “(1) preserving the benefits of free, over-the-air local broadcast television; (2) promoting the w idespread dissemination of information from a multiplicity of sources; and (3) promoting fair competition in the market for television programming.” Turner Broadcasting v. FCC. 117 S.Ct. 1174 (1997). Thus, to ensure that Public Television’s public interest programming will be viewed by 70% or more of the American households that subscribe to cable. strong must-carry rules and enforcement procedures must be in place both during and after the transition to digital television.
Public Television: A Program for Action 41.
Public Television: A Program for Action 41.
Public Television: A Program for Action 59-60.
Public Television: A Program for Action 61-65.
Public Television: A Program for Action 66-67.
David Liroff, “Let’s Get Digital.” PBS Annual Meeting, Miami, Florida, 15 June 1998.
Carnegie Commission on the Future of Public Broadcasting, A Public Trust: The Landmark Report of the Carnegie Commission on the Future of Public Broadcasting (Neu York: Bantam Book 1979) 11.
“The Opportunity Analysis.” The Hartford Gunn Institute Inaugural Convocation (1993).
Quoted in James Fellows and Michael Hobbs, “When Your Field Lacks a Capacity for Strategic Planning, You May End Up Wishing: If Only…,” Current Thinking 14 August 1995) 15.
Fellows and Hobbs 15.
Fellows and Hobbs 15.
Fellows and Hobbs 15.
The Hartford Gunn Institute, “An Agenda for Developing Public Broadcasting’s Second Generation: A Strategy for Leadership,” August 1994.
The Hartford Gunn Institute 10.
The Hartford Gunn Institute 12.
The Hartford Gunn Institute 14.
Baker and Dessart 256.
Fellows and Hobbs 15.
Fellows and Hobbs 15.
Thomas J. Peters and Robert H. Waterman, Jr., In Search of Excellence: Lessons from America’ s Best-Run Companies (New York: Harper & Row 1982).
Brinkley, “PBS Makes Digital Plans.”
Peters and Waterman 126.
Digital Broadcasting Strategic Planning Steering Committee, Going Digital From Zero to One: A Report to Public Broadcasters from the Digital Broadcasting Strategie Planning Steering Committee. November 1997: 3.
Digital Broadcasting Strategic Planning Steering Committee 4.
Public Television: A Program for Action 97.
Downes and Mui 204.
Downes and Mui 205.
Peters & Waterman 201.
Public Television: A Program for Action 18.
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Poon, G.P. (1999). Public Television’s Digital Future. In: Gerbarg, D. (eds) The Economics, Technology and Content of Digital TV. Economics of Science, Technology and Innovation, vol 15. Springer, Boston, MA. https://doi.org/10.1007/978-1-4615-4971-0_14
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