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FCC Releases National Broadband Plan Plan Recommends Reallocation of 120 MHz from the Broadcast
Television Bands by 2015 |
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The FCC today delivered to
Congress its National Broadband Plan that sets forth policy recommendations
to the Executive Branch, Congress, and state and local governments for
greatly expanding the nationwide availability of broadband, high-speed
internet access. This memo focuses on
Plan issues of direct relevance to television broadcasting. In
order to fend off what the FCC describes as a looming shortage of wireless
spectrum, the FCC generally recommends making 500 MHz of spectrum available
for broadband services within the next ten years, of which 300 MHz would be
made available for mobile broadband use within five years. The FCC proposes that 120 MHz of
spectrum would come from the broadcast television band. Specifically, the FCC recommends completing
rulemaking proceedings by 2011 so that the reallocated spectrum could be
available for flexible, mobile broadband use by 2015. According to the FCC, these interrelated
rulemaking proceedings should address the following four recommended actions
that focus primarily on major television markets where the broadcast TV bands
are most congested and the need for additional spectrum for broadband use
will be greatest. Update
FCC Rules on TV Service Areas and Distance Separations, and “Repack” Channel
Assignments. According to the FCC, updating its
technical rules defining TV service areas and required distance separations
between stations may enable stations on the same or adjacent channels to
operate at currently prohibited spacing without increasing interference to
unacceptable levels. The FCC also
indicates that “repacking” existing 6 MHz channel assignments more
efficiently to relocate current stations into fewer total channels could free
up to 36 MHz of spectrum from the broadcast TV bands. Authorize
Two or More Stations to Share a Single 6 MHz Channel. The Plan
recommends exploring a different approach under which broadcasters would give
up spectrum voluntarily. A current 6
MHz channel assignment is capable of transmitting data at a rate of 19.4
megabits per second (“Mbps”). High
definition (“HD”) video signals require approximately 6-17 Mbps, while
standard definition (“SD”) video signals require approximately 1.5-6
Mbps. According to the FCC, two
stations could generally broadcast one primary HD video stream each over a
shared 6 MHz channel, although it acknowledged that a single 6 MHz channel
would not be sufficient for two stations to maintain current HD picture
quality if both are transmitting highly complex HD programming
simultaneously. In the alternative,
more than two stations broadcasting in SD could share a single 6 MHz
channel. Stations that shared a single
6 MHz channel would likely not be able to multicast additional video streams
via digital side channels and/or mobile DTV streams given the additional
bandwidth needed to ensure reception quality of those signals. Determine
Rules for Auction of Reclaimed Broadcast Spectrum. The FCC
recommends that it conduct an incentive auction of some or all of the
nationwide, contiguous spectrum recovered through the processes described
above, an auction in which broadcasters would receive a share of the
proceeds. However, Congress would have
to authorize the FCC to conduct such an incentive auction. Following such an auction, stations would
receive channel assignments according to a new Table of Allotments, modified
licenses if they are sharing a channel with other stations, and reimbursement
from auction winners for any expenses incurred as a result of repacking. Alternative
Mechanisms. In the event that the FCC does not receive
authorization to conduct incentive auctions, or if such auctions do not yield
a significant amount of spectrum, the FCC recommends the pursuit of the
following alternatives through the rulemaking process to reclaim broadcast TV
spectrum: Ø Transition
to Cellular Architecture on a Voluntary or Involuntary Basis. Transitioning
stations to use of cellular architecture (i.e., using many low-powered
transmitters that collectively provide coverage similar to current single
high-powered transmitters), such as Distributed Transmission Systems/Single
Frequency Networks (“DTS/SFN”), could reduce or eliminate the need for
channel interference protections that result in only a fraction of the total
spectrum allocated to broadcast TV being used directly by stations. However, the Plan recognizes that moving to
cellular architecture would be expensive, take a long time, and potentially
could introduce substantial operational challenges for broadcasters. Although voluntary transitions on a
station-by-station basis would free up spectrum, greater spectrum efficiency
would be achieved by coordinating the transition for all stations in major
markets. Ø Auction
of Overlay Licenses. In a cryptic, incomplete manner, the Plan
recommends that the FCC could auction what the Plan calls overlay,
flexible-use licenses that would have secondary rights in the broadcast TV
bands. Overlay auction winners would
negotiate with broadcast TV stations and other licensed users to clear their
respective bands. However, the
proceeds of such an auction would be significantly lower than an incentive
auction due to uncertainty over the amount and the timing of the spectrum recovered. Ø More
Extensive Channel Sharing. The FCC could modify station licenses to
require channel sharing where necessary. In addition to the foregoing
band-clearing options, the FCC makes the following recommendations that it
says would enable more efficient use of the broadcast TV spectrum: Ø Full-Power
TV Spectrum Fees. If authorized by Congress, the FCC should
consider assessing spectrum fees on commercial, full power broadcast TV
licensees as part of its review of the broadcast ownership rules and public
interest obligations. Ø LPTV
Transition. The FCC should establish a deadline for
LPTV stations to complete the transition to DTV -- by the end of 2015 or
after the reallocation of spectrum from the TV band is complete. Ø VHF
Reception Issues. The FCC should examine additional options
to address VHF reception issues, such as increased power limits or adoption
of enhanced antenna and receiver standards, to avoid additional VHF stations
requesting channel reassignments to the UHF band, which would complicate
efforts to reallocate spectrum from that band. Ø Trust
Fund for Public Media. Congress should consider legislation to
establish an endowment to fund public interest media from auction proceeds or
spectrum fees. Although the Commissioners
unanimously approved a two-page mission statement addressing the overarching
goals of the Plan, they did not vote on the Plan itself. Individual statements by several
Commissioners indicated some areas of disagreement on the specific approaches
that the Plan outlines. For example,
Commissioner McDowell indicated that the FCC should explore using its
authority under Section 336 of the Communications Act “to provide television
broadcasters an incentive to lease their spectrum,” which he characterized as
a “voluntary mechanism” that “may be an easier path to accelerating
deployment of advanced wireless services than more coercive means.” From a different political perspective,
Commissioner Clyburn also counseled caution on the proposals relating to
broadcast spectrum, noting that the Plan doesn’t contain a rigorous analysis
of the impact of its proposals on the public interest generally and does not
study the particular impact that “a spectrum sell-off would have on women and
minority-owned broadcast television stations.” Should you have any questions
concerning the FCC’s National Broadband Plan or its impact on broadcast
television, please contact your primary attorney in our office. March 16, 2010 |
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This memorandum is intended only as a general discussion of these issues and should not be regarded as legal advice. We would be pleased to provide additional details or advice about specific situations if desired. Copyright © 2010, Lerman Senter PLLC 2000 K Street NW,
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