impact of incentive auction on LPTV

There was lots of news out of the FCC yesterday that will give us issues to write about for weeks to come. Here are some highlights. At its open meeting, the FCC adopted a Notice of Proposed Rulemaking on potentially reforming the children’s television rules – including a review as to whether the current requirement that regularly scheduled programs of 30 minutes in length are the only means to meet the obligation to broadcast 3 hours of educational and informational children’s programming each week for each stream of free over-the-air programming broadcast by a station without facing heightened FCC scrutiny. The rulemaking will also look at whether all kid’s programming obligations could be met by broadcasts on a single multicast stream or through other efforts. The FCC Press Release on the action is here, and and the text of the notice is here.

On EAS, the FCC took actions to strengthen the reliability of the EAS system by allowing real EAS tones to be used in PSAs to promote the system, subject to certain safeguards, and to allow for testing of the EAS system using “live codes” with appropriate warnings and disclaimers. The order also requires the reporting of false emergency messages that may be sent out. The FCC Press Release on that item is here, and we will post a link to the full text when it is available.
Continue Reading A Big Day at the FCC – Kids TV, EAS and C Band Proposals, Incubator and LPTV/FM Repacking Reimbursement Drafts, FM Translator Reconsideration, and NJ TV License Renewal Decision

Yesterday was a busy day for the TV incentive auction, where the FCC is attempting to clear portions of the TV band by paying TV stations to surrender their licenses, and repurpose the cleared spectrum for wireless broadband users. As we wrote earlier this week, Stage 3 of the Forward Auction started yesterday, where wireless companies would have had to come up with over $42 billion dollars to meet the costs of clearing the TV band. The Forward Auction closed after one round of bidding with bids totaling $19,676,240,520. Thus, we are on to Stage 4, with the FCC expected to attempt to clear 84 MHz of TV spectrum instead of the 108 MHz target in the just concluded Stage 3. The Reverse Auction in Stage 4 is expected to commence on Tuesday, December 13, but look for confirmation later this week.

At the same time, there are two other bits of auction related news – both dealing with stations eligible for the auction. In the first, the US Court of Appeals rejected the appeal of Walker Broadcasting Company, a company that had an authorization for a new TV station, but had not finished construction and licensing of that station in time for inclusion in the auction. Had it been included in the auction, the company could have attempted to sell its license in the auction and, if its station was not one purchased in the auction for surrender, the FCC would have had to find a new channel on which the station could operate after the auction. Instead, the Court upheld the FCC’s ruling that the station had not met the required construction deadlines, and therefore did not qualify to be included in the auction or for post-auction protection.
Continue Reading Incentive Auction News: Stage 3 Forward Auction Closes After One Round, Stage 4 to Commence Next Week; GAO Issues Report on Effects on LPTV; Court Dismisses Appeal of TV Station Exclusion from Auction