[opendtv] TVTechnology: FCC Aims to Clear 84 MHz of TV Spectrum

  • From: Craig Birkmaier <craig@xxxxxxxxxxxxx>
  • To: OpenDTV Mail List <opendtv@xxxxxxxxxxxxx>
  • Date: Tue, 16 Dec 2014 10:37:38 -0500

http://www.tvtechnology.com/news/0086/fcc-aims-to-clear--mhz-of-tv-spectrum/273682

TVTechnology: FCC Aims to Clear 84 MHz of TV Spectrum

WASHINGTON—Regulators today approved proposed proposals to clear 84 MHz of TV 
spectrum, establish opening bid prices and develop procedures to close the 2016 
incentive auction. I.e., they suggested rules to recommend for final adoption 
in a Public Notice approved in a 3-2 party-line vote.

“This is the considered opinion at this point in time on which we’re seeking 
your comment,” said Federal Communications Commission Chairman Tom Wheeler, 
emphasizing each word after protracted dissents from Republican commissioners 
Ajit Pai and Michael O’Rielly.

The PN calls for comment on reverse- and-forward-auction reserve bid pricing, 
clearing 84 MHz “near-nationwide” at a benchmark price of $1.25 per MHz/pop and 
dividing spectrum according to the predicted interference.

Opening bid prices in the reverse auction, which will determine how much 
broadcasters could get for their 6 MHz licenses, will be based in part on how 
much interference a station will create in the repacked TV band, and in part on 
what the commission decides it will be via “dynamic reserve pricing.” This 
would allow the commission it to tweak pricing based on the geographic and 
spectral location of a license, so it can offer “high opening prices to every 
broadcaster,” and let the auction determine final pricing, said Martha Stancill 
of the Wireless Bureau. (This was initially attributed to Margaret Wiener, 
chief of the Wireless Bureau. The author apologizes and regrets the error.)

Pai said he didn’t think so. The repack interference method could undermine 
license values if, for example, a small, interference-free station stands in 
the way of those in larger markets. He gave the example of a station in College 
Station, Texas, serving about 330,000 people. The station is within driving 
distance of Dallas, Houston, Austin and San Antonio, he said, and if it doesn’t 
give up its spectrum, “it will preclude certain stations in each of the large 
Texas markets from being repacked.”

He also said dynamic reserve pricing would devalue TV licenses. 

“For certain television stations, the commission will continue to lower the 
price offered even when the station cannot feasibly be assigned a channel in 
its pre-auction band,” he said. “So essentially, the FCC will try to get away 
with paying some broadcasters a below-market price.”

When these orphaned stations drop out of the auction, they’ll end up on a 
channel where interference is more likely, creating more impaired spectrum in 
the auction, he said. 

O’Rielly said dynamic reserve pricing could strand some TV stations in the 
duplex gap between wireless up- and downlink spectrum, or the guard bands 
between wireless and broadcast services. 

Impaired spectrum refers to how much interference a frequency block is expected 
to have in the repack. The Notice proposes two categories of impairment—zero to 
15 percent, and 15 to 50 percent. Spectrum blocks above 50 percent impairment 
will not be offered for auction, Stancill said. Both impaired and unimpaired 
spectrum will be counted toward the 84 MHz goal, with a proposed limit of 20 
percent impairment nationwide, based on market populations weighted according 
to the relative value of their spectrum in previous auctions.

The auction system will assess this impairment threshold after each round using 
an average price of $1.25 MHz/pop across 84 MHz. If bidding in high-demand 
markets does not reach $1.25 MHz/pop, the auction system will implement an 
extended round “to ascertain whether the incentive auction can conclude at that 
clearing target, or whether it can be moved to a new state with a lower 
clearing target,” Stancill said. 

Extended round prices will be the same for all blocks in the same license 
category, she said. The Notice proposes establishing a procedure to lower the 
clearing target if the 84 MHz at $1.25 goal isn’t met.

Finally, the PN proposes criteria for optimizing final TV channel assignments, 
including minimizing relocation costs and aggregate new interference above 1 
percent.

Democrats Jessica Rosenworcel and Mignon Clyburn threw in with Wheeler to pass 
the Public Notice, which was voted on at the commission level according to its 
own established auction procedures. Public Notices typically are released at 
the bureau level.

Pai and O’Rielly came at it with elbow checks and flying scissors.

“The commission proposes a series of unnecessary outcome-driven machinations 
and tentative conclusions to bolster its ability to claim success at the close 
of the auction,” O’Rielly said. “I do not have confidence that the complex and 
confusing proposals in this Public Notice will maximize revenues or ensure that 
the spectrum goes to the highest valued use.”

Pai first criticized the rules released in May.

“They attempt to manipulate the results through the blunt levers of command and 
control, and they unnecessarily provoked litigation,” he said, referring to 
lawsuits filed by Sinclair Broadcast Group and the National Association of 
Broadcasters. 

Pai said he made 12 proposed modifications to the Public Notice up for vote. 
Eleven were dismissed immediately; the 12th got a “maybe.”

“We could easily have had a unanimous vote on today’s Public Notice, but there 
was no interest in working toward consensus,” he said. “Virtually every line 
drawn in this item was one color—red. Accordingly, I dissent.”

Wheeler once again emphasized that nothing was written in stone.

“As we’ve all said up here, we’re seeking comment on proposals, not making 
final decisions,” he said. 

The FCC will take its pitch for the incentive auction on the road next month.

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