Wireless Groups, Others Pre-emptively Push Back Against Broadcaster Calls for ATSC 3.0-Inspired Auction Delay

Broadcasters deny wanting an incentive auction delay for the adoption of ATSC 3.0, but the Expanding Opportunities For Broadcasters Coalition, Public Knowledge, wireless carriers and several wireless trade organizations issued a joint statement against that possibility last week. They “strongly support" the planned first-quarter 2016 start of the incentive auction and oppose delaying the auction “in an attempt to synchronize" the post-auction repacking and the transition to ATSC 3.0,” the statement said.

The statement was intended as a preemptive strike against arguments that the new standard merits an auction delay, broadcast attorneys and signatories to the statement told us. But NAB and Sinclair -- who have challenged the auction order in court -- said they don’t believe the auction should be delayed. “There is no connection between the auction and ATSC 3.0,” said Sinclair Vice President-Advanced Technology Mark Aitken. “NAB is not interested in delaying the auction,” said a spokesman.

The joint statement is intended to preempt arguments for using the new standard to delay the auction, said Public Knowledge Counsel for Government Affairs Philip Berenbroick. There are rumors that broadcasters might be preparing to make such arguments, he said. Previous arguments that ATSC 3.0 adoption should be aligned with the post-incentive auction repacking failed because of the lack of a clear timeline for the new standard to be ready, said a broadcast attorney.

The new standard has taken on clear momentum toward being completed in recent months, and that could provide weight to a pro-delay argument, said officials familiar with the proceeding. The physical layer of the new standard could be ready for FCC approval in time for the auction, Aitken said. The Advanced Television Systems Committee hasn’t taken a position on the auction, but President Mark Richer also indicated the new standard is on track to be completed relatively soon. That has likely galvanized those fearing an auction delay, a broadcast attorney suggested.

The joint statement may also be intended for FCC staff, a broadcast lawyer suggested. Recent comments on FCC simulations of interference were overwhelmingly negative towards the commission’s work, the attorney pointed out. The commission may not be ready to have the auction on the current timeframe, but the joint statement shows that a number of interests are specifically invested in the current schedule, the attorney said

“We are not asking for the auction to be delayed,” said Aitken. Pearl, which has been active in the ATSC effort, also said broadcasters are not using the standard to call for delay. “I don’t think anyone is asking for a delay,” said Pearl Managing Director Anne Schelle. “Pearl recognizes that the auction will move forward.” Now is not a politic time for a broadcaster to argue for auction delay, said a broadcast attorney. Many NAB members now see the auction as an important future source of revenue, the attorney said. NAB and Sinclair are still involved in a court challenge of the auction that is seen by many as likely leading to some delay of the incentive auction if they are successful, a lawyer said. That means both groups publicly advocate for a timely auction, but they could still be responsible for delaying it, the attorney said.