Comments on Vacant Channel Proceeding Indefinitely Suspended
The comment periods for the FCC’s proposal to preserve a vacant channel in the incentive auction for unlicensed use and wireless microphones were indefinitely suspended, the Media Bureau said in an order Wednesday. The delay followed requests for a three-week extension by both NAB and the LPTV Spectrum Rights Coalition. Instead of three weeks, the Media Bureau order announced a “brief suspension” of undefined length, intended to allow the parties to file comments after the FCC enacts the upcoming Auction Procedures public notice, which could include plans to repack TV stations in the duplex gap. “The Commission’s decision on final auction procedures may impact the availability of television channels for use by such devices in certain areas,” the order said. The delay also will allow the FCC to determine new comment deadlines, the order said.
The indefinite delay may be a sign that the commission is rethinking its original plans for the duplex gap and vacant channel proceedings, a broadcast attorney told us. With widespread opposition to the FCC plans and several conflicting proposals, commission staff could use the extra time to straighten things out, the attorney said.
With the plans to repack TV stations into the duplex gap and preserve a vacant channel for unlicensed, while still finding space for wireless microphones, broadcasters and owners of translators and low-power TV stations are feeling squeezed, the attorney said. In an email newsletter Wednesday, the LPTV Spectrum Rights Coalition said LPTV interests should use the extra time to do an impact study of the auction's effects on LPTV and Translators.
TV channels unoccupied by full-power stations after the auction shouldn’t be treated by the FCC as “vacant,” NAB said in a meeting on Monday with Commissioner Mignon Clyburn and staff from the offices of Chairman Tom Wheeler, Commissioner Jessica Rosenworcel and Commissioner Mike O’Rielly, according to an ex parte filing posted online Wednesday. Channels not occupied by full powers “are precisely the channels that displaced low power and translator stations will need to continue to serve viewers they reach today,” NAB said. The association also urged the FCC to study the possible displacement of LPTV and translators that would be caused by reserving the vacant band for unlicensed.
The FCC could study the issue with more realistic data by tabling the matter until after the auction, NAB said. “The entire question of setting aside a television channel for unlicensed use could be resolved after the auction when the Commission has a clearer picture of the number of available channels in different markets,” the ex parte letter said.