Big ATSC 3 / NextGenTV Update: FCC Opens Public Comment Period, Acknowledges Thousands of Anti-DRM Complaints

Over the past two years, I’ve been closely following developments around the transition to the new ATSC 3.0 television standard—particularly the implications of broadcasters encrypting over-the-air signals with digital rights management (DRM). In my area, I’ve already lost access to a couple of local networks via my HDHomeRun. That experience isn’t unique, and now the FCC is asking for public comment about how this transition should proceed.

I cover what they’re looking for and show how you can respond in my latest video. Instructions are also below.

This is the most direct invitation yet to share feedback on some key questions before any decisions are finalized. Notably, question eight on their list acknowledges thousands of consumer objections to DRM on ATSC 3.0 broadcasts—comments that many of you submitted over the last couple of years from our collective effort:

Even though the question seems to accept the idea that broadcasters may need to protect their content, there’s still room to advocate for alternatives. If you believe gateways could strike a balance between access and protection, you can say that. Personally, I don’t believe DRM is necessary at all, but the FCC appears to be open to constructive, well-supported suggestions. The key is offering real-world experiences and ideas, not just opinions.

We may still end up losing this fight, but I think it’s important that this question made it into the public notice. They did listen to us and they are interested in this topic enough to include it in the public notice. So now we have a chance to provide further clarity. So you can take the cynical route and do nothing, or spend a few minutes to share your thoughts with a commission that is at least interested in hearing from you on this topic.

Another point they’re seeking input on involves some of the mandates broadcasters are proposing as part of the transition—things like requiring all new TVs to include ATSC 3.0 tuners, putting broadcast TV front and center in menu interfaces, or even adding a dedicated broadcast button to remote controls.

What’s different this time is that the current FCC is moving faster than its predecessor. That means deadlines are tight. The main comment period ends May 7, 2025, with replies to comments due by June 6. If you submitted comments before this notice came out, please file again to have your input considered during this official period.

When writing your comments, be specific and back up your statements with facts whenever possible. If DRM has impacted your ability to enjoy over-the-air television—especially if you use HDHomeRun or hoped to—it’s important to say so. Also consider the broader impact. Small companies like SiliconDust, which produces HDHomeRun devices, face real risks. Channels DVR is in a tight spot, and Plex hasn’t even attempted to get into ATSC 3.0 because of the current restrictions. These are the kinds of real-world effects the FCC needs to hear about.

If you’re ready to comment, the process isn’t too difficult. On the FCC’s website, you’ll find two options: an “express comment” form and a more detailed “standard filing” route if you have something longer to say. Just make sure to reference docket number 16-142, and be sure to include your mailing address—it won’t be made public, but it’s required to verify your identity.

I’ve put together my own written comment organized into sections to make it easier for the FCC to follow that you can find here. PLEASE DO NOT SUBMIT MY WORDS AS YOUR OWN. A number of people have done this already, this hurts the cause more than helps. Take the time and relate your personal experinces.

Once you’ve submitted your comment, it may take a day or two to show up in the public docket. But the important thing is to submit something. Your experiences matter, and the FCC is actually listening—at least for now. Whether they’ll take action based on what we say remains to be seen, but our collective efforts are part of the official record. That alone makes it worth speaking up.

Here’s how to submit:

1. Click this link to be taken to the FCC filing form. This will take you to the express filing. You’ll also see the option at the top of the screen to select the standard filing option where you can submit a PDF or Word Doc. The instructions for submitting are the same for both.

2. On the first line for proceedings type in 16-142 . The system will then display the text “Authorizing Permissive Use of the “Next Generation” Broadcasting Television Standard.” Click on that to lock in the docket number. Here’s what it looks like:

I’ve found that sometimes on the express form that the search doesn’t always pop up correctly. Sometimes clicking over to standard and back to express will get it working. Once you click on it 16-142 will light up yellow like this:

3. Fill in your information. A US address is required and note that this will be part of the public record.

4. Write your comment in the comment section. It’s important to provide some detail especially how this change will make it difficult for YOU to consume over the air television.

We’re almost there!