Incentive Auctions/Broadband Report

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Earlier this week, we wrote about some of the upcoming dates for broadcasters in the TV incentive auction process – particularly those dealing with the repacking process. Developments continue, with the FCC yesterday issuing a Public Notice announcing that stations that relinquished their spectrum in the incentive auction will be receiving their payouts from the…

As the repacking of the TV band proceeds after the Incentive Auction, the FCC has issued some guidance as to what comes next for TV stations. Obviously, in the near future, TV stations that agreed to surrender their spectrum in the auction will get notice from the FCC to expect their payments from the proceeds collected from the wireless companies that purchased the repackaged surrendered TV spectrum. For stations that are remaining in operation, who last week were required to file construction permit applications for their repacking to the smaller TV band, and their estimates of the expenses that they will incur in the repacking process, the FCC published an article on its blog, here, setting out what is next. The article notes that 25 stations will be filing soon in a new window for stations that either cannot construct on the channels that they were assigned by the FCC, or need expanded facilities to replicate their existing coverage. After that window, there will be another window when the remaining repacked stations can file to maximize their facilities on their new channels. Following those two windows, there will be a window for LPTV stations and TV translators who were displaced by the auction to file for new channels (see our post on that window here).

The other big question is the funds necessary for repacking. The FCC issued a news release last week, here, indicating that the total amount that TV stations and MVPDs estimated that they will need to deal with the repacking is $2,115,328,744.33 – significantly over the $1.75 billion allocated by Congress to reimburse these entities for the repacking. While last week’s FCC blog post notes that the initial estimates will be subject to FCC review and some costs may be disallowed, there is some speculation that Congress will intervene to increase the allowable reimbursement. Commissioner O’Rielly issued a statement, here, urging such action, noting that “no broadcaster or MVPD, nor their viewers or listeners, should be harmed by the repack process.”
Continue Reading What’s Next for TV Stations Repacked as a Result of the Incentive Auction? – Recent Flurry of FCC Announcements

July is a big month on the Washington regulatory scene for broadcasters. There are, of course, the routine quarterly regulatory obligations. For all stations, commercial and noncommercial, Quarterly Issues Programs Lists, summarizing the most important issues facing a broadcaster’s community, and the programs that were broadcast in the prior quarter to address those issues, must be in a station’s public file (the online public file for all TV stations and for radio stations that have already converted to the online file) by July 10. These are the only required records documenting a station’s service to its community, so do not forget to complete these reports and to timely place them in your public file.

Children’s Television Reports documenting the educational and informational programing broadcast by TV stations to meet their obligation to program at least three hours a week of such programming for each program stream are due to be filed at the FCC by July 10. Also, TV stations must place into their public file documentation showing that they have met the advertising limits imposed on commercials during children’s programming.
Continue Reading July Regulatory Dates for Broadcasters – Quarterly Issues Programs and Children’s Television Reports, Comment Dates on Main Studio Rule Elimination and Modernization of Media Regulation, Incentive Auction CP Filing Deadline, Effective Date for Captioning Clips of Live and Near-Live Programming, and Window for FM Translators for AM Stations

The FCC in a Public Notice released yesterday recognized that some LPTV stations and TV translators may get bumped from their current channels even before full power stations start their transition to new channels to repack the TV band to make parts of it available for wireless Internet operations. The FCC has established windows for the repacking of full-power TV stations where, over a 39 month period, stations that currently operate on Channels 38 and above will be repacked into a smaller TV band under channel 37. LPTV stations are not part of that phased repacking, but instead will have the opportunity to file for displacement channels at some point, probably early next year, if they currently operate on channels 30 or above, or if repacked full-power stations in what will be the core TV band displace the LPTV or translator from their current channel (see our article on that displacement filing window here).

The problem for these secondary stations is that the FCC yesterday announced the grant of construction authorizations for several wireless licensees who bought the cleared TV spectrum. Those wireless companies are free to start testing and operating on portions of the TV band that don’t currently house full-power stations at any time, and some have indicated interest in commencing testing and operations in the very near future. When they do start testing their new facilities on their new spectrum, they may force some existing LPTV stations or TV translators off of their current channels. Once given notice by a wireless operator of its intent to start operations, the LPTV or translator has 120 days to cease operations. If those notices are given in the next month or two, that 120 day period will end before the displacement window for LPTV and translator operators have even filed to seek new channels. So yesterday’s public notice suggested two ways in which these stations can keep operating until they find a permanent, post-repacking home.
Continue Reading FCC Announces Potential Solutions for LPTV Stations that are Displaced Before Getting the Opportunity to File for a New Channel

The incentive auction, where the FCC agreed to buy the spectrum of numerous TV stations so that they could repackage that spectrum and sell it to wireless users, ended with the FCC’s Closing Notice released in April. But, in order to clear contiguous blocks of spectrum for the wireless companies who bought spectrum in the…

June brings some of the normal regulatory deadlines for stations in certain states. EEO Public Inspection File Reports need to be placed in the public file (or uploaded to the FCC-hosted public file for TV and large-market radio stations) by Full-Power and Class A Television Stations and AM and FM Radio Stations in Arizona, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, West Virginia, Wyoming, and the District of Columbia that are part of an Employment Unit with 5 or more full-time employees. EEO Mid-Term Reports for Radio Station Employment Units must be filed by radio station employment units with 11 or more full-time employees located in Arizona, Idaho, Nevada, New Mexico, Utah, and Wyoming and Television Employment Units with five or more full-time employees in Michigan and Ohio.

There are few broadcast proceedings with comment dates in June. As we wrote here, the FCC has proposed to amend its regulatory fees for broadcasters, in particular changing the allocations of the amount owed by the radio industry to allocate a greater burden to big stations in big markets, and less to smaller stations in small markets. Initial comments are due on June 22, with replies due on July 7.
Continue Reading June Regulatory Dates for Broadcasters – Comments on Reg Fees, ATSC 3.0 and Routine EEO Filings Highlight the Month

The FCC last week released a Public Notice describing the process for the filing of applications for replacement channels for LPTV stations and TV translators that are displaced by the incentive auction.  As the repacking of the TV band following the incentive auction will require LPTV and TV translator stations now operating on channels above 37 to move to a new channel below that channel, and as others will be displaced by full-power stations being moved from high channels to channels below 37 (or simply being rearranged on their channels to make room for some of the stations being repacked into the smaller TV band), this displacement window will be necessary for these LPTV/TV translator stations to continue to operate. The Public Notice sets out that the FCC will open a displacement window after full-power stations that were repacked as a result of the incentive auction have had their own windows when they can request alternative channels or increased facilities, as set out in the FCC’s auction Closing Notice (see that notice here).  The FCC estimates that the LPTV/TV Translator window will likely be announced 7 or 8 months after last month’s Closing Notice in the auction – meaning that it is likely to be announced at the end of this year.  As the announcement of the window will give LPTV and translator stations 60 days to prepare applications, and the window itself will last 30 days, it looks like we are looking at displacement applications being due late in the first quarter of 2018.

In addition to displaced LPTV stations and displaced TV translators, full-power TV stations that lost coverage areas because of the repacking will be able to file in this displacement window for a new class of translators.  In fact, these new translators will receive a preference over displacement applications for LPTV stations and TV translators if both happen to file for the same channel.  The FCC will, however, provide mutually exclusive applicants filed during the window an opportunity to move to a different channel to resolve any conflict.
Continue Reading FCC Details Window for LPTV Stations and TV Translators Displaced by the Incentive Auction to Seek New Channels

May is one of the few months without the normal list of quarterly filings and EEO public file reports.  But, just because there are none of these regular filings due, that does not mean that the month will be a quiet one for broadcasters on the regulatory front.  In fact, far from it.  There are obligations for television broadcasters in connection with the incentive auction and the subsequent repacking of the TV spectrum, an FCC meeting that will start two proceedings that could dramatically reduce the regulatory burdens of broadcasters, and comments due on the FCC’s proposal for the next generation of television broadcasting.

In connection with the incentive auction, on May 11, stations that are relinquishing their channels in exchange for compensation from the FCC must file an FCC Form 1875 detailing where payments for that relinquishment will go.  After that information is received and processed, the FCC will send an email to the payee asking for bank account information that must be entered into the “CORES Incentive Auction Financial Module.”  Stations looking for their auction payouts need to observe these details so the FCC knows where to send their money.
Continue Reading May Regulatory Dates for Broadcasters – Incentive Auction, ATSC 3.0 and Broadcast Deregulation

With the FCC last week announcing the results of the reverse auction portion of the incentive auction and setting the timetable for the repacking of the TV spectrum, the next question on everyone’s mind will be how successful the television industry will be in adhering to the schedule established by the FCC for clearing…