Federal Communications Commission FCC 23-11
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Authorizing Permissive Use of the “Next 
Generation” Broadcast Television Standard)
)
)
)
)GN Docket No. 16-142
ORDER
Adopted:  March 3, 2023 Released:  March 6, 2023
By the Commission:
I. INTRODUCTION
1. By this order the Commission temporarily stays the March 6, 2023 sunset of the requirement 
for broadcaster primary streams to comply with the ATSC A/322 standard.1  
II. BACKGROUND
2. In 2017, the Commission authorized television broadcasters to use the Next Gen TV 
transmission standard, also called “ATSC 3.0” or “3.0,” on a voluntary, market-driven basis.2  Under 
Commission rules, the requirement for broadcaster primary streams to comply with the ATSC A/322 
standard, defining the waveforms that ATSC 3.0 signals may take, is currently scheduled to sunset on 
March 6, 2023.3  Last June, we issued the Sunsets FNPRM seeking comment on, among other things, the 
expiration of this rule, whether to retain the requirement and, if so, for how long.4  That proceeding 
remains pending. 
III. DISCUSSION
3. For the reasons set forth herein, we find good cause to stay, on our own motion, the 
expiration of this rule pending a Commission resolution of this issue in the above-referenced proceeding. 
In considering a stay, the Commission considers the four criteria set forth in Virginia Petroleum Jobbers 
Association.5  
1 47 CFR § 73.682(f)(2)(iii) (as revised herein).  We reorganize and amend 47 CFR § 73.682(f) to separate the 
sunset date being stayed into its own paragraph (f)(iii) in order to conform to the publishing conventions of the 
National Archives and Records Administration’s Office of the Federal Register.
2 Authorizing Permissive Use of the “Next Generation” Broadcast Television Standard, GN Docket No. 16-142, 
Report and Order and Further Notice of Proposed Rulemaking, 32 FCC Rcd 9930, 9931, para. 1 (2017) (Next Gen 
TV First Report and Order).
3 47 CFR § 73.682(f)(2) (requiring that, until March 6, 2023, the transmission of at least one free over the air 
primary video programming stream comply with the ATSC A/322).
4 Authorizing Permissive Use of the “Next Generation” Broadcast Television Standard, GN Docket No. 16-142, 
Third Further Notice of Proposed Rulemaking, FCC 22-47, 2022 WL 2290237 paras. 30-32 (rel. June 22, 2022) 
(Sunsets FNPRM).
5 Virginia Petroleum Jobbers Ass’n v. Federal Power Commission, 259 F.2d 921, 925 (D.C. Cir. 1958).  See also 
Implementation of Sections 309(j) and 337 of the Communications Act of 1934 as Amended, Order, 18 FCC Rcd 
25491, 25494, para. 6 (2003) (PLMR Narrowband Stay Order).  As described in the PLMR Narrowband Stay Order, 
these criteria are (1) a likelihood of success on the merits; (2) the threat of irreparable harm absent the grant of 
(continued….)Federal Communications Commission FCC 23-11
24. We conclude that an interim stay of the A/322 “sunset” is appropriate under the 
circumstances.  Virtually all commenters addressing this question made arguments in favor of at least a 
temporary extension of the requirement to comply with A/322.6  It is unclear whether any consumer 
receive equipment could display 3.0 signals that were noncompliant with A/322, meaning the viewing 
public could lose all 3.0 service during any period of noncompliance by broadcasters.  Furthermore, there 
is no information in the record indicating that any party will be harmed by the grant of an interim stay.7  
In light of the arguments offered by commenters for at least a temporary extension, the possibility of harm 
to the viewing public from the disruption of eliminating and then potentially resuming the requirement, 
and the lack of any reasonable expectation of sunset by those currently deploying 3.0 service in light of 
the pendency of this proceeding, we find the public interest is best served by preserving the status quo 
during this brief period of time in order to consider this open question.  
5. We therefore stay the sunset of the A/322 rule, pending resolution of the Sunsets 
FNPRM.
IV. ORDERING CLAUSES
6.ACCORDINGLY, IT IS ORDERED, that, pursuant to sections 1, 4(i), 4(j), and 303 of 
the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 303 and section 1.103 of 
the Commission’s rules, 47 CFR § 1.103, section 73.682(f)(2) of the Commission’s rules, 47 CFR § 
73.682(f)(2), IS AMENDED as set forth in the Appendix and section 73.682(f)(2)(iii) of the 
Commission’s rules, 47 CFR § 73.682(f)(2)(iii), IS STAYED effective immediately.  The stay will 
remain in effect until resolution of this issue in the Third Further Notice of Proposed Rulemaking in this 
proceeding.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
preliminary relief; (3) the degree of injury to other parties if relief is granted; and (4) the issuance of the order will 
further the public interest.  
6 See, e.g., CTA Sunsets Comments at 2; LG Sunsets Comments at 1; NAB Sunsets Comments at 12-13; NCTA 
Sunsets Comments at 5-6; Pearl Sunsets Reply at 4-5; Qualcomm Sunsets Comments at 1-2; Scripps Sunsets Reply 
at 7; WNET Sunsets Reply at 5; Rohde & Schwarz Sunsets Reply at 3.  But see ONE Media Sunsets Comments at 
16.
7 The only commenter in the record supporting an immediate sunset of this requirement identified no harms 
associated with this specific rule.  ONE Media Sunsets Comments at 16.Federal Communications Commission FCC 23-11
3APPENDIX
Final Rule Changes
The Federal Communications Commission amends Part 73 of Title 47 of the Code of Federal Regulations 
(CFR) as set forth below:
PART 73– Radio Broadcast Service
1. The authority citation for Part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 336, 339.
2. Section 73.682 is amended by revising paragraph (f)(2) as follows:
§ 73.682   TV transmission standards.
* * * * * 
(f) * * *
(1) * * *
(2)(i) Effective March 5, 2018, transmission of Next Gen TV broadcast television (ATSC 3.0) signals 
shall comply with the standards for such transmissions set forth in ATSC A/321:2016, “System Discovery 
and Signaling” (March 23, 2016) (incorporated by reference, see § 73.8000). To the extent that virtual 
channels (specified in the DTV transmission standard referenced in ATSC A/65C:2006 in paragraph (d) 
of this section) are used in the transmission of Next Gen TV broadcasting, major channel numbers shall 
be assigned as required by ATSC A/65C:2006 Annex B (incorporated by reference, see § 73.8000). 
(ii) In addition, until March 6, 2023, such signals shall also comply with the standards set forth in ATSC 
A/322:2017 “Physical Layer Protocol” (June 6, 2017) (incorporated by reference, see § 73.8000) with 
respect to the transmission of at least one free over the air primary video programming stream.
(iii) Paragraph (f)(2)(ii) will sunset on March 6, 2023.