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FCC Initiates Proceeding to Reallocate TV Broadcast Spectrum Comments Due: March 18, 2011 Reply Comments Due:
April 18, 2011
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Last November, the FCC
released a Notice of Proposed Rulemaking (“NPRM”) on the reallocation of up
to 120 MHz of TV broadcast spectrum for use in the provision of wireless
broadband services, which the FCC expects to make available through incentive
auctions. The Federal Register published the NPRM on February 1,
thereby setting March 18, 2011 as the deadline to file comments, and April
18, 2011 as the deadline to file reply comments, in response to the
NPRM. As the NPRM is the first in a series of proceedings whereby the
FCC will seek to recover television broadcast spectrum, its outcome will
likely frame the debate in future proceedings addressing the repacking of television
stations into smaller portions of the TV broadcast bands and the conduct of
incentive auctions. We urge you to review these proposals carefully and
to make your views known to the FCC. The NPRM does not address
the actual reassignment of spectrum via competitive bidding, or the sharing
of potential auction proceeds with broadcasters, as these steps would require
specific Congressional authorization. Instead, the current NPRM is a
table-setting step for such future action in which the FCC requests comment
in three areas: (i) adding new “co-primary” allocations for fixed and
mobile services in the current TV broadcast bands; (ii) a proposed framework
for permitting two or more television stations to share a single 6 MHz
channel; and (iii) approaches for improving reception of television service
in the VHF band. Although the NPRM notes the need to repack the
broadcast bands if spectrum is repurposed for wireless use, which it
euphemistically refers to as “Allotment Optimization,” it states only that it
anticipates that “the fully developed model will be complete and validated in
the near future.” Spectrum Reallocation. The FCC proposes to add allocations for fixed and
mobile services on each channel within the existing TV broadcast band
(Channels 2 through 51, excluding Channel 37) that would be co-primary with
DTV broadcast services. According to the FCC, this approach would give
it the maximum flexibility to allocate spectrum for flexible use by fixed and
mobile wireless communications services, including mobile broadband. Channel Sharing. To facilitate the recovery of the TV broadcast
spectrum, the FCC proposes to allow two or more television stations to
voluntarily share a single 6 MHz channel. The FCC asserts that
television stations that share channels “could use the cost savings and
additional income from such arrangements to strengthen their financial
condition and to develop new and enhanced programming.” In addition,
the FCC believes that channel sharing arrangements could provide small- and minority-owned
stations the opportunity to enhance or preserve their local programming
offerings. According to the FCC, two
sharing stations could each broadcast a high definition (“HD”) video stream
over a single 6 MHz channel, while three or more stations broadcasting
in standard definition could share a single channel. The FCC did not
propose to evenly divide a 6 MHz channel among sharing stations, noting
instead that stations could negotiate more dynamic arrangements among
themselves that would permit them to exchange channel capacity when
needed. The FCC also proposes that each station sharing a channel would
remain separately subject to all of the Commission’s rules and programming
obligations (e.g., children’s programming, political broadcasting, etc.). The FCC acknowledged the
concerns that a single channel would not provide sufficient spectrum for two
or more stations to offer simultaneously the highest quality HD programming,
and that channel sharing could adversely impact or even eliminate current and
future DTV services, such as the expansion of HD programming and deployment
of mobile television service. The FCC also proposes to limit channel
sharing to stations with existing applications, construction permits or
licenses as of the date the NPRM was adopted. In order to implement its
channel sharing proposal, the FCC seeks comments on the following issues:
Improving Reception of
VHF Television Service. The FCC
has concluded that UHF spectrum is highly desirable for flexible use. Recognizing
that television stations “have had some difficulty in ensuring consistent
reception of VHF signals,” the NPRM explores ways to make that spectrum more
attractive for television broadcasters as an inducement for them to vacate
the UHF spectrum, including reductions in band noise, power increases, and
establishing indoor antenna standards.
If you have any questions
concerning this proceeding or would like to file comments, please contact
your primary attorney in this office. February 9, 2011 |
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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 © 2011, Lerman Senter PLLC 2000 K Street NW,
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