Plan to End Vacant Channel 'War' With LPTV/Tech Partnership Seen as Problematic

The LPTV Spectrum Rights Coalition is pushing a plan to solve the “vacant channel war” by partnering with a tech company, buying up low-power TV stations and seeking service waivers from the FCC to allow LPTV spectrum to provide a home for unlicensed use. Some low-power industry officials are skeptical, according to interviews. “Waivers are a heavy lift,” said attorney Michael Couzens, who represents low powers and translators. “We take the energy being directed at having this war, and are redirecting it to a solution in which everyone wins,” said coalition Director Mike Gravino. The coalition pitched the plan as a “truce” (see 1708020041), without support from other entities.

Gravino would partner with a large company -- likely a tech company-- interested in unlicensed spectrum to form an entity to buy LPTV stations in congested urban markets where such spectrum is needed. Since Microsoft has been pushing the FCC to reserve vacant channels, Gravino brought the proposal to it, he told us. Microsoft didn’t comment. After buying the LPTV stations, the new entity would seek FCC service waivers to allow flexible use of the LPTV spectrum. Gravino met with the FCC last week (see 1708100031) and said the proposal was received favorably. The agency didn’t comment. With the flexible use waivers, the LPTV spectrum would be able to be used for unlicensed devices, Gravino said.

If the FCC were inclined to grant such waivers to LPTV stations, it already would be giving them out, said Advanced TV Broadcasting Alliance Executive Director Louis Libin. The commission has “never given any indication” it's disposed to allow LPTV stations to have service waivers, he said. Couzens agreed it would be difficult to secure the waivers. The participation of Microsoft or another tech company would add weight to the request, Gravino said, saying the FCC would look favorably on a plan that would provide for unlicensed use.

Microsoft and other tech companies that support reserving vacant channels are unlikely to put money behind a plan to buy LPTV stations, said Michael Calabrese, director of the Wireless Future Program at the New America Foundation. Calabrese supports reserving vacant channels for unlicensed use. Microsoft and Google don’t use the TV white spaces but benefit from ubiquitous internet use, Calabrese said. That’s not enough financial incentive to compel them to buy spectrum, he said. A plan that involved backing from ISPs, which do use unlicensed spectrum for their Wi-Fi routers, might be more likely, he said.

To make the plan more attractive to the FCC, the new company would also use its multiple TV stations in each market to provide a channel for local government use, and to continue to offer LPTV broadcast content, Gravino said. The plan would require the tech company-backed entity to buy up to three LPTV stations in congested markets. Since the FCC doesn't restrict LPTV station ownership, the plan could be put into action relatively quickly, Gravino said. This makes it more attractive to entities with an interest in unlicensed use but that otherwise might have to wait for future spectrum auctions or face an uphill battle to have vacant channels reserved, he said.

Libin doesn’t necessarily oppose Gravino’s plan, but is concerned about the coalition acting on behalf of all LPTV stations, and negotiating with a company with the size and power of Microsoft. Since the proposal would involve buying LPTV stations, it would be entirely voluntary, Gravino said. It’s not clear what Microsoft wants reserved for unlicensed use, Libin said: The company could be seeking to have three vacant channels reserved per market.