Tagged: Spectrum Toggle Comment Threads | Keyboard Shortcuts

  • alisonneplokh 2:04 pm on April 25, 2018 Permalink
    Tags: , , Spectrum   

    Shake It Off, Taylor Swift’s Spectrum Advice 

    Our Love Story begins in 2009. As part of the National Broadband Plan, the Federal Communications Commission (FCC) had a bold idea to fix what it foresaw as a looming spectrum crunch for wireless broadband service. The FCC would broker an auction/exchange between television broadcasters and wireless carriers, and shuffle channels around as necessary. In other words, the wireless industry saw broadcast spectrum and said, “You Belong With Me.

    But how much spectrum should be moved from television to mobile broadband? Nobody knew. Wildly optimistic predictions about the demand for mobile spectrum fueled visions of reallocating as much as 144 MHz of spectrum away from television broadcasters. Others, however, wondered if the auction would succeed at all. When it came time for the FCC to change the frequency allocations, there was only one conclusion: put everything on the table. So, in 2015, when the FCC adopted rules for the incentive auction, it put a Blank Space where the number of MHz to be allocated for wireless broadband would go. And, just in case its Wildest Dreams came true, the Wheeler FCC also made a dual allocation (for both TV and wireless broadband) across the entire UHF TV band domestically, and also lobbied for changes to the international table of frequency allocations at the 2015 World Radio Conference.

    In 2017, the incentive auction closed, with 84 MHz being reallocated from television stations to wireless carriers. While the auction was a success, the anemic bidding in late rounds, lower than expected prices per MHz-pop, and unsold spectrum blocks in large markets like Los Angeles and San Diego suggests a complete lack of lingering demand. So, with all of the questions now answered, the FCC said, “Look What You Made Me Do” to the industries and removed the wireless allocation from spectrum at 512-608 MHz, as well as the broadcast allocation from 614 MHz and above.

    Now, in 2018, it is time to go back to the International Telecommunications Union and update the international spectrum tables once again. The market has spoken. Everything has Changed. There is no reason to keep a wireless allocation below 608 MHz. For the wireless companies to keep a claim to something they have no intention to use is pure greed. That spectrum is for broadcasting Forever and Always. This is our End Game.

     
  • Patrick McFadden 1:20 pm on March 23, 2016 Permalink
    Tags: , , Spectrum   

    Time to Stick to the Facts and Find the Right Answer 

    These are exciting times. The long-anticipated broadcast television spectrum incentive auction is scheduled to begin in less than one week. Designing the reverse and forward auctions has been a herculean task, and the Federal Communications Commission (FCC) staff deserves a great deal of credit for bringing the auction to this point in a timely fashion. But, unfortunately for the Commission, once the auction is complete, its work is only half done. That’s because the end of the auction brings perhaps the most challenging phase of all: repacking many hundreds – if not more than a thousand – broadcasters to new frequencies in the television band.

    As NAB has repeatedly documented, broadcasters have serious concerns about the arduous repacking process ahead. After all, it took the better part of a decade and three extensions of time to complete the digital television (DTV) transition, which involved relocating far fewer broadcasters, did not rely on flash cuts and was buttressed by tens of millions of dollars designed to help consumers make the switch to digital. Above all, however, the greatest worry with respect to the upcoming 600 MHz transition is the Commission’s current rule requiring every broadcaster to complete its involuntary relocation within only 39 months following the auction. If the FCC is serious about repacking as many as 1,300 broadcasters, anyone who has any understanding of the broadcast industry knows that it is impossible to accomplish that task in such a short period of time.

    Fortunately, the FCC commissioners have uniformly recognized the challenges associated with the repack and have indicated in testimony before Congress that – despite the current rules – they in no way want to see any broadcaster forced off the air for reasons beyond their control.

    On the other hand, the FCC’s chairman has continued to insist that the 39-month timeline is sound. When pressed by Congress to defend that deadline given that the FCC has not done any serious analysis of what it would actually take to conduct a nationwide repack, the chairman explained that 39 months was a reasonable timeline, because, after all, even NAB had originally suggested that 30 months would be sufficient. This answer is disingenuous, and given that it has been repeated on several occasions by Commission staff, it’s time to address and bury it once and for all.

    More than three years ago, NAB submitted its initial comments in the incentive auction proceeding (then under Chairman Julius Genachowski) recommending that the FCC extend its proposed timeline for moving stations to new channels following the upcoming broadcast spectrum incentive auction. The FCC had proposed a minuscule 18-month timeline, to which NAB responded, “[t]he 18-month construction time frame proposed in the Notice for relocating stations is unrealistically short.”[1] At the time, NAB assumed, as many did, that the Commission was considering relocating “approximately 400 to 500 stations.”[2] Thus, NAB recommended that the FCC extend the deadline to 30 months, which should be enough time to “allow most stations to complete” the transition.[3] In addition, to stretch that 30 months as long as possible, NAB also proposed that “the forward auction should not be deemed completed until, or after, the time at which stations file their construction permit applications,”[4] which the Commission did not adopt. And finally, NAB made clear that “based on television stations’ experiences in the DTV transition, stations in certain metropolitan areas (such as New York City and Denver) and stations in border areas requiring international coordination could require substantially longer than even three years to construct new facilities.”[5]

    Thus, not only did NAB rely on information at the time that suggested only 400 to 500 stations would move, and seek to push back the starting point for the timetable until after construction permits were issued, we also asserted that even repacking all of 400 to 500 of stations would require more than 30 months.

    Beyond those inconvenient details, there have been three important developments in the intervening three-plus years. First, the FCC released a set of sample repacking scenarios in the summer of 2014, suggesting that the Commission is likely to repack far more stations than NAB anticipated in our 2013 comments. Instead of moving perhaps 400 stations to new channels, the FCC’s publicly released simulations suggested that the FCC could require more than 1,300 stations to relocate. Second, once the FCC released this data, NAB commissioned a study – the first of its kind – to examine each of the challenging elements that make up a nationwide repack of many hundreds or more than 1,000 stations. Third, in May 2014, the FCC surprised everyone by adopting a “death penalty” repacking rule that would require stations unable to complete their transitions within 39 months – no matter what the reason – to go off the air. The rule did not contemplate any exceptions or extensions – a rigid and inflexible deadline that no one anticipated.

    Faced with this new information, NAB re-evaluated the timeline for the upcoming broadcaster transition. It became immediately clear that 39 months would not provide sufficient time to repack the number of stations the Commission was anticipating. As a result, NAB has asked the Commission to establish aggressive, but achievable, deadlines for repacked television stations after the auction, when more is known about many stations will move, where they are located and to which channels they will be moved.

    This evolution is certainly reasonable. New facts and circumstances demand new solutions. While it is concerning that some continue to hide behind comments NAB submitted more than three years ago under different circumstances, it’s frightening that these same officials are hiding at all. The point of the repacking conversation is not to prove who is right; rather it’s to get it right. As the FCC pivots to thinking about repacking – which is now likely less than a year away – rather than being cute about past comments, it should actually engage and wrestle with the enormously complex repacking problem ahead. Only that course will give the broadcasting and wireless industries confidence that the post-auction transition will be a success.

    [1] Comments of the National Association of Broadcasters at 50, GN Docket No. 12-268 (Jan. 25, 2013).

    [2] Id. at 50.

    [3] Id. (emphasis added).

    [4] Id.

    [5] Id. (emphasis added).

     
  • Patrick McFadden 12:24 pm on September 11, 2015 Permalink
    Tags: , Spectrum   

    Some Changes for a More Balanced Auction 

    Yesterday, NAB filed a limited petition for reconsideration of the Federal Communications Commission’s (FCC) recent “Procedures Public Notice” laying out additional details concerning the forthcoming broadcast spectrum incentive auction. First, we’re asking the Commission to reconsider its decision to relocate TV stations in the duplex gap, which eliminates the only remaining exclusive use spectrum available for wireless microphones broadcasters use to cover breaking news and emergencies. Second, we’re asking the Commission to reconsider the level of market variability it will permit in light of recent progress made in international coordination with Canada and Mexico. We’re limiting our request for reconsideration to those two issues primarily because they are subject to quick fixes. The Commission could grant our request without in any way threatening its target March 29, 2016 start date for the auction.

    Separately, we are also seeking clarification as to whether the FCC’s current incentive auction design is consistent with the Spectrum Act’s requirement that the incentive auction be voluntary for broadcasters – or whether the FCC’s chosen mechanism will effectively nudge broadcasters into participating.

    Here’s the issue. The natural consequence of the FCC’s variable band plan is that some broadcasters will be assigned channels that are in the new wireless band – that is, they will be operating on channels that are used by wireless carriers in other markets. For a long time, the FCC had been suggesting that broadcasters would be randomly selected to be placed into the wireless band, and it would not be based on whether and to what extent they participated in the auction. Obviously, it would be alarming if the FCC made judgments based on participation.

    The recent Procedures Public Notice, however, could be read to suggest the FCC has decided that only non-participating stations will be placed in the wireless band if the auction successfully closes at the initial clearing target. In addition, it appears that the only other stations that could be added to that list are broadcasters who participate but drop out in one stage, only to see the auction move on to another stage because it could not close. In other words, if the auction fails to close at that initial stage, the only additional stations that can be relocated to the wireless bands are stations that drop out because their asking price is too high. This doesn’t exactly sound “voluntary” to most broadcasters.

    While the Commission doesn’t seem to believe there is any harm to broadcasters if they are assigned a channel in the wireless band because they will receive the same protections in the repacking process as other stations, no broadcaster would voluntarily choose relocation there.

    Television stations operating co- or adjacent channel to new wireless licensees will be extremely limited in terms of their ability to expand their facilities after the auction. As a practical matter, this may constrain their ability to relocate, increase their service area or even innovate. Further, broadcasters, as well as the Commission itself, are all too familiar with the uncertainty and disputes surrounding television stations operating on channel 51 and wireless carriers operating in the 700 MHz Lower A Block. Stations on channel 51 are protected by the Commission’s rules, just as the Commission is now promising to protect stations stranded in the 600 MHz band. Those protections, however, have not prevented costly and time-consuming disputes. Similarly, a broadcaster that has a station relocated in the 600 MHz band will have to factor the prospect of ongoing inter-service interference issues into its business plans.

    The bottom line is that a broadcaster placed in the wireless band will be surrounded by wireless operations that are incompatible with, and hostile to, the broadcaster’s continued operations. It would be as if one’s home was forcibly relocated to a commercially-zoned neighborhood; the home might be identical, but it would not be as comfortable, and certainly not as valuable.

    Our hope is that the confusion emerging from the Procedures PN is just that and that broadcasters do not now have to factor in their participation decision the potential penalty of being shipped to the wireless band. The incentive auction can be a tremendous success as a voluntary auction and broadcasters – not just the speculators – are eager to keep the process moving swiftly.

     
  • Rick Kaplan 11:52 am on July 22, 2015 Permalink
    Tags: Spectrum   

    You Want Breaking News Coverage? Then Mind the Gap 

    When was the last time you turned to TV to follow details of breaking news as it unfolded – the real, on-the-ground coverage from reporters in the field? In the first half of this year alone, we learned firsthand about the civil unrest in Baltimore following the death of Freddie Gray, followed with bated breath the manhunt throughout local communities in upstate New York for two convicted murders who had escaped from prison, watched crowds of Americans gather on the South Carolina State House grounds to see a flag come down and heard from those rallying on the Supreme Court steps from local TV reporters at the scene.

    If you care about live, on-the-ground coverage of events that are shaping our world – then you care about something called the duplex gap.

    Last year, the FCC announced it would no longer reserve two channels in each market within the TV band for critical wireless microphone use, which is essential for broadcaster coverage of breaking news and emergencies. Instead, the FCC decided to set aside space for wireless microphones in the duplex gap, a vacant lot of spectrum located within the wireless band. Wireless mics’ new home in the duplex gap was by no means a perfect solution, but it was all the FCC said it could manage, and broadcasters have done their best over the past year to start figuring out exactly how to make these new digs work.

    But just as mics were getting ready to settle into their new home, the FCC just last month said there was one more catch: this real estate would not be available everywhere, as the FCC will place TV stations themselves in the duplex gap in certain markets after the spectrum auction. When a TV station sets up shop in the gap, no other service can use it, including the mics used by reporters rushing to cover tragedy, weather emergencies and other critical events on the ground.

    This was quite a change from the FCC’s initial promise, so many parties, including FCC commissioners, asked Commission staff to explain why this about-face was necessary. In producing its information, the staff revealed that it had only done an analysis of one possible scenario for each of three spectrum recovery targets, but staff argued that data showed that in certain markets the FCC needed to put stations in the duplex gap. Chairman Wheeler has said that the number of affected markets would be no more than six. This proposed change is very bad news for newsgatherers who rely on wireless mics to report the news, for viewers who depend upon local and national reporters to get in the middle of a story and public safety officials, who work hand-in-hand with local broadcasters to keep the public and first responders safe.

    But the FCC staff is insistent on undoing the original compromise and broadcasters are now in a pickle. We support the auction and want to see it succeed. But we also know we need wireless microphone technology to ably cover the news and keep our communities safe.

    So yesterday NAB proposed a new compromise (or “recompromise”) – one that is far from ideal for us – but one that at least holds the Commission to its (new) word, and asks that no more than one station in each of six markets (if necessary) are put in the duplex gap to avoid widespread elimination of wireless microphone use to cover local news. Six markets is damage enough, especially if one of them is the second-largest. But if that’s the number, then let’s agree to it, figure out alternative solutions in those markets for wireless mics and go forward.

    If the answer, however, is that it’s potentially more than six markets, the FCC has a major credibility problem. If the goalposts move again, we should all be wary of what’s in store for this auction. For it to be successful, we all need to be able to trust the FCC.

    Broadcasters have met the FCC far more than halfway. Now let’s put it in ink and move on to the auction and better solutions for broadcasters, their viewers and public safety.

     
  • Patrick McFadden 11:04 am on April 30, 2015 Permalink
    Tags: , Spectrum   

    What to Expect When You Are Expecting (TV White Spaces Comments) 

    Last month, NAB filed a petition asking the Federal Communications Commission (FCC) to amend certain rules governing the use of TV White Spaces (TVWS) devices. In particular, we asked the FCC to require fixed TVWS devices to eliminate the illusory notion of “professional installation,” an undefined concept that allows an installer to enter the location of a device in the TVWS database. We’re asking the FCC to require automatic geolocation capability, and to hold database administrators accountable for falsified information entered into the database.

    While oppositions and comments on our petition are not due until tomorrow, the responses are predictable, and, in the public interest we thought we’d provide a little primer to what you are likely to see from TV white space proponents and their proxies.

    TVWS COMMENT #1: “NAB cannot identify a single instance of harmful interference caused by an unlicensed device.”

    This is a personal favorite, because it’s misleading on so many different levels. First, it’s a little like saying you shouldn’t wear a seatbelt because you haven’t yet had a car accident, or you shouldn’t have homeowners insurance because your house hasn’t yet burned down. No adult uses this approach in real life. Instead, we take reasonable precautions, precisely to avoid bad outcomes we can clearly anticipate. Second, there’s no surefire way to know if there has been harmful interference to licensed services from unlicensed devices. If a television viewer can’t receive a particular channel, she has no way of knowing if that’s due to a neighbor’s use of a TVWS device; she may just assume she can’t receive that channel and give up. Third, there are less than 600 TVWS devices operating nationwide right now. Yes, in the entire United States. Saying TVWS devices haven’t yet caused interference is a little like saying you haven’t yet been attacked by Bigfoot. It’s a true statement, but it doesn’t prove anything, and you probably don’t want to brag about it in public.

    TVWS COMMENT #2: “Problem? What problem? The FCC has cleaned up the database.”

    Not long after NAB filed its petition, the FCC went to work to clean up the database. TVWS enthusiasts are likely to say that the database has now been thoroughly scrubbed and polished and, as a result, there is no longer a problem. This is the equivalent of a teenager telling his parents he cleaned his room when all he did was shovel everything into the closet and slam the door. What you won’t hear is that anyone – yes, even you! – can register a TVWS device in the database right now, using a falsified location, and get access to channels you should not be able to use. Are you in Washington, D.C. and stuck without a single vacant TVWS channel? Don’t worry! You can easily register your device and enter its location as rural Montana to get access to channels that are currently occupied by local licensed users. This is the result of an obviously broken system destined to lead to interference problems.

    TVWS COMMENT #3: “TV White Spaces are really, really cool.”

    They may try to distract you. Because they don’t want to acknowledge the problem, and because they can’t deny the risk of interference, one or more TVWS enthusiasts will point at a really shiny object, and hope you look. They’ll wax poetic about the untapped, limitless benefits of more unlicensed spectrum for their corporate financiers. They’ll promise “Super WiFi,” “WiFi on steroids,” increased broadband competition, and expanded rural service. Of course, they won’t acknowledge that there are only a few hundred of these devices operating right now, five years and counting after the FCC approved the current rules.

    TVWS COMMENT #4: “NAB’s petition is premature. Don’t worry.”

    Kicking the can down the road is a great way to try to outlast the opposition. Some will argue that, even if there is a problem, the FCC can easily fix it later. This is, of course, shortsighted; rumor has it horses are really hard to chase down once they’ve been let out of the barn. Instead, a more reasonable approach is to establish clear rules of the road and allow manufacturers to start incorporating automatic geolocation capability in new devices before the market heats up. If, and it’s a big if, white spaces technology ever actually does live up to the rather large promises its proponents have been making, retrofitting thousands or hundreds of thousands of devices to incorporate geolocation capability will be costly and disruptive. That’s exactly the outcome NAB is trying to avoid.

    NAB is eager to create an environment in which TV White Spaces can be used effectively while protecting existing licensed users. That’s why we have proposed only modest rule changes to help make White Spaces work for everyone. The rules already require some TVWS devices to have automatic geolocation capability – we’re merely asking the FCC to extend that requirement to fixed devices, which transmit at high power. We’re also asking the FCC to take the simple step of incorporating some basic accountability into its database administrator rules, so as to avoid the next batch of John Q. Public registrations with addresses in Anytown, USA, and phone numbers of 867-5309. These changes aren’t complicated, and they aren’t costly. Let’s get this done.

     
  • Bob Weller 10:24 am on March 30, 2015 Permalink
    Tags: Spectrum   

    Defanging a Paper Tiger 

    Every broadcaster dreads a visit by a Federal Communications Commission (FCC) inspector, but broadcasters also know that the presence of the “Highway Patrol of the Airwaves” helps keep the playing field level and the participants honest. Violators of the FCC’s rules risk detection and know that a fine (or worse) may result.

    For longer than the FCC itself has existed, a network of field offices has been key to maintaining order on the airwaves by resolving interference disputes, shutting down unlicensed operators and providing valuable and dispassionate advice on the FCC’s rules and policies that help minimize ongoing spectrum conflicts. The FCC’s own website observes that its field offices are its “eyes and ears” on the ground. Unfortunately, FCC Chairman Tom Wheeler is now circulating an order that effectively leaves the FCC in the dark.

    Earlier this month, Chairman Wheeler proposed to his colleagues to close more than half of the FCC’s field offices and cut field enforcement staff by almost two-thirds. New York City, Atlanta, Miami, Los Angeles, San Francisco, Chicago, Dallas and Columbia, Maryland: that’s the entire list of offices that would remain open. Slated for closure are offices near major cities like Seattle, Denver, Boston, Philadelphia and Houston.

    GPS outage in Honolulu? Chairman Wheeler says he’ll send a “Tiger Team” from Columbia, Maryland, to work on it. Sheriff department radios getting jammed in Tampa? Someone will be there within 24 hours, he told Rep. Gus Bilirakis (FL-12). All technical enforcement for the entire nation will be handled by a cadre of just 33 FCC agents spread across only eight offices.

    As it stands today, most of the field offices already operate with only a skeleton crew. In 1995, the FCC automated its monitoring station operations, resulting in the closure of more than a dozen field offices with a commensurate reduction in staffing. Some of the remaining offices were converted to “Resident Agencies,” a euphemism for a one- or two-person office with no support staff. At that time, the FCC offered early retirement and a humane personnel relocation program. Increased training, improved technology and a reasonable travel budget were offered as assurances that no reduction in enforcement effectiveness would result.

    In the past couple of weeks, the FCC’s Enforcement Bureau informed stakeholders that there would be no reduction in enforcement effectiveness because there would be increased training for the remaining agents, improved technology and an increase in travel funds. Do those assurances sound familiar? Even if all of the promises are kept about new training and new equipment and more money for gasoline, and even if the FCC continues to largely ignore all complaints except for interference to public safety (as they do today), the proposed staffing numbers just don’t add up. People take leave, training takes time, on-scene investigations mean in-office paperwork. So, the actual number of field agents available for assignment on a typical day might be half the total, or 16. Sixteen pairs of boots on the ground, doing field investigations for the FCC for the entire country. Think about that.

    In 1935, shortly after the FCC was established, there were about 50,000 FCC-licensed stations, including two-way, broadcast, amateur and marine. Unlicensed devices, such as WiFi, microwave ovens and garage door openers did not exist. Today, there are hundreds of thousands of licensed stations and hundreds of millions of unlicensed devices. How can the FCC reasonably expect to keep on top of all these transmitters and ensure the safety of Americans with a day-to-day crew of perhaps 16 field agents nationwide?

    The problems with the FCC’s spectrum enforcement plan will only be compounded by its intention to promote additional spectrum sharing. NAB supports the concept of spectrum sharing, but a robust mechanism for enforcement is critical to ensure that devices operate only on the frequencies they are authorized. Even if a fraction of a percent of devices have incorrect data or malfunction, widespread interference – including interference to safety-of-life services – will result. That means disrupted emergency and AMBER Alerts, unreliable police and fire communications, riskier air travel and a host of other scary possibilities.

    Just last week, NAB filed an emergency petition for rulemaking asking the FCC to fix its broken white space database. One-third or more of the database entries contain errors, many of them serious enough to obscure the location and/or ownership of the actual transmitters, which are required to register in a database so that they can be shut down if interference occurs. The FCC is now proposing to expand use of white spaces in part because of the purported sparkling quality and wild success of the database system. Further, the agency proposes to use the white space database system as a model for frequency-sharing in other bands, including some used by Department of Defense radars and weak-signal satellite downlinks.

    The unauthorized use of devices can, and has in the past, caused widespread interference – including interference to safety-of-life services. FCC field staff are uniquely qualified with training, equipment and authority to locate and shut down such devices. Even if the affected user is able to identify the source of the problem, there is no right of private action in the Communications Act that could force the source shut down. State and local law enforcement are reluctant to take on interference or unauthorized transmitter cases due, understandably, to lack of expertise. FCC field staff possess the expertise and have sole authority to investigate and enforce laws relating to radio.

    Fortunately, there is still time for the FCC to reverse course and rethink its proposal to gut the field offices. Perhaps it took the proposal itself to help the agency realize just how valuable those who use radio frequencies believe the field offices to be. Most of all, at a time when it the FCC is pursuing policies that will inevitably create an environment where interference is more likely to occur, it must not devastate its field enforcement resources.

     
  • Rick Kaplan 1:20 pm on April 29, 2014 Permalink
    Tags: , , Spectrum   

    I Suppose It’s Worth A Try (When You Are On a Roll…) 

    There is overstating and then there is overstating.

    Last week, NAB proposed to the FCC commissioners some changes to the 600 MHz band plan included in the draft incentive auction order currently under review at the Commission. Specifically, NAB asked the FCC to shelve its planned 6-to-11 megahertz duplex gap that would be shared between wireless and unlicensed services, and instead adopt NAB’s “Plan B” and use a flat 10 or 11 megahertz duplex gap, of which 4 or 5 megahertz would be reserved exclusively for wireless microphones. NAB believes this is both fair and essential, as licensed wireless microphone users will be foregoing the current two exclusive 6 megahertz channels in favor of only 4 or 5 megahertz vital to providing breaking news coverage in local communities throughout the country.

    In response, New America Foundation’s Michael Calabrese blasted NAB’s proposal, saying that it “would be a death sentence for unlicensed broadband and innovation post-auction.”

    That statement almost made me feel badly. Were we essentially recommending an end to unlicensed innovation as we know it? Would our proposal lead to no more WiFi, garage door openers or cordless phones? Are we proposing to kill off baby monitors, and putting infants at risk across the nation? What have we become?

    After some serious soul-searching, my grandmother’s famous chicken soup (good for the soul) and a long hard look in the mirror, I looked to the facts to see if Mr. Calabrese was really on to something.

    Fact #1: In March, the FCC massively expanded the spectrum designated for unlicensed services by allocating more than 100 megahertz for that purpose in the 5 GHz band.

    Fact #2: Just last week, the FCC launched a proceeding to free up as much as 150 megahertz more spectrum for unlicensed services, this time at 3.5 GHz.

    Fact #3: In the draft incentive auction order, the proposal for the 600 MHz band is likely to render the duplex gap unusable for unlicensed services. It envisions scenarios where the duplex gap would be anywhere between 6 and 11 megahertz. Any plan allocating less than 11 or 12 megahertz between LTE uplink and downlink will, according to the unlicensed community, render that spectrum far less valuable.

    Fact #4: The FCC’s draft incentive auction order opens up channel 37 and a new guard band that will give unlicensed users brand new nationwide bands, including, for the first time, spectrum in major markets such as New York and Los Angeles.

    Fact #5: Under the draft incentive auction order, not only do wireless microphones lose well over half of their shared spectrum, but licensed wireless mic operators lose all 12 megahertz that are designated for exclusive use. Thus, if approved, wireless microphones will have gone from more than 60 megahertz of exclusive spectrum to zero in just five years. If there is any kind of “death sentence” in the draft order, it’s clearly just for wireless microphones.

    Unlicensed spectrum advocates – primarily Google and Microsoft – are on a serious roll in the spectrum department. In proceeding after proceeding, they keep racking up more free spectrum. And I completely subscribe to the theory of when you are on a roll, you should keep shooting. Mr. Calabrese’s play is really no more than a “heat check” for the spectrum world and Mr. Calabrese, along with Google and Microsoft, is probably feeling a lot like the Golden State Warriors’ Steph Curry right now.

    Thirty-foot jump shots aside, it is clear that absolutely no innovation is lost under NAB’s “Plan B.” In fact, the unlicensed community will exit 2014 having earned massive allocations of spectrum, including new nationwide spectrum blocks in the 600 MHz band. Thus, NAB’s proposal does nothing to drive a stake through the beating heart of unlicensed broadband innovation.

    On the other hand, it is hard to overstate the harm the current draft order would do to wireless microphones and the essential public service they help deliver. These devices – an innovation themselves, for what it’s worth – help broadcasters on a daily basis cover breaking news and weather in local cities and towns across the nation. When the president followed developments in the Boston bombing tragedy, he watched multiple local Boston broadcast TV stations to get well-informed, up-to-date, on-scene reporting. In order for that to happen, broadcasters relied on wireless microphones to deliver the news as it was breaking.

    Some unlicensed spectrum advocates believe the TV white spaces database to be some kind of panacea. It is not. FCC rules require that devices check the database only once every 24 hours. Thus, broadcasters can only be sure to be free from interference from unlicensed devices sharing their wireless microphone channels if the world is kind enough to inform them of breaking news a day in advance. And even if the FCC finally amends its rules to permit more frequent checking – which it should have done at the outset – in times of crisis wireless networks often go down, rendering the database useless. That is exactly what happened in Boston following last year’s horrific bombing.

    In a more temperate moment, Mr. Calabrese also noted that his coalition “strongly supports the NAB’s position that the FCC should continue to reserve two vacant broadcast channels for priority use by licensed wireless microphones.” He states that “[t]hese channels could be designated post-auction in each market and therefore would not in any way reduce the Commission’s flexibility during the auction.”

    To be clear, NAB’s “Plan A” that Mr. Calabrese refers to involves retaining today’s two exclusive channels pre- and not post-auction. This is because a post-auction reservation means essentially nothing in all of the major markets. In most of the top 100 markets, following the auction there will be no spectrum whatsoever available for reservation. Repacking and reallocation will take care of that.

    Now I understand the eagerness of many companies – especially major tech companies and wireless carriers – to feed off of the broadcaster carcass in the upper 600 MHz band. The Chicken Little approach, however, won’t get it done. Facts will. And the fact is that wireless microphones need some small exclusive home in their 600 MHz band in order for newsgatherers to keep providing the kind of on-scene up-to-date information for their viewers. There is a place for nearly everyone in the incentive auction, and both NAB’s Plan A and B for wireless microphones reflects the best and most appropriate balance.

     
  • Rick Kaplan 2:00 pm on January 28, 2014 Permalink
    Tags: Spectrum   

    What to Expect When You Are Expecting 

    For those interested in the voluntary broadcast spectrum incentive auction, this should be an interesting week at the Federal Communications Commission (FCC). At the FCC’s monthly meeting, the Commission’s staff will lay out its timeline and project plan for the upcoming auction. This update should be helpful, as all stakeholders seek to get a better handle on what to expect next. Most of all, we hope that the staff seizes this opportunity to go beyond a discussion of dates and timelines – auction timelines have garnered the bulk of the headlines so far – and delve into their current thinking on the substance of the auction and its components. This week’s meeting comes nearly 500 days after the incentive auction Notice of Proposed Rulemaking (NPRM) was adopted, and the FCC has since collected approximately 350 ex parte submissions and 375 written comments on the subject. The time certainly is ripe for the staff to let the public in on its proposed approach to a variety of hotly contested topics. 

    To be more specific, here are some things NAB would like to see emerge from Thursday’s meeting:

    • The staff discusses its latest thinking on the 600 MHz band plan.
    • The chairman announces that he is forming an “expert user group” of outside stakeholders who are willing to commit the time and resources to evaluating the auction and repacking software once it has been created. This group will test the software to ensure the final product will produce the intended results, without unpleasant surprises.
    • The staff provides a substantive update on its latest work on the international front. The report will not merely list the number of meetings with Canada and Mexico; but rather, will detail how the staff intends to proceed if it has no agreement in place with one or both countries. The chairman indicated in a House hearing last month that he does not expect to have such agreements. Assuming that it is even lawful to proceed with the auction without these agreements (and NAB believes it is not), how will a lack of meaningful coordination affect the auction and the amount of spectrum recovered across the country?
    • The chairman announces that the Commission will move certain parts of the incentive auction order sooner, rather than later. Discrete pieces of the order, such as which broadcasters will receive protection in the repacking, the process for relocating and protecting translators and low-power TVs and the eligibility constraints, if any, placed on forward auction bidders, can and should be decided now, helping the process move more swiftly overall.
    • The staff announces that it will release the long-awaited Public Notice on co-channel interference.
    • The staff of the Office of Engineering and Technology announces that it has dropped its proposed incentive-auction-specific changes to OET-69, and instead will focus all of its energy on ensuring the accuracy of the repacking model. The proposed changes, as well as literally 12 different versions of the TVStudy software (in less than a year), have only served to introduce uncertainty into the process and threaten to slow down the auction process considerably.
    • The staff discusses its plans for wireless microphones, in light of the fact that the NPRM suggests displacing their operations although offers no solution as to where this critical service might find a home.

    It would also be a welcome sign to see the chairman publicly affirm that the Commission, under his watch, will in no way take actions to harm broadcasters in unrelated proceedings to encourage participation in the auction. Not only would such actions be unlawful, they would be bad policy. If there was ever a time the Commission needed to develop trust with broadcasters, that time is now. Our participation in all phases of the auction is essential to its success. We are eagerly watching and waiting to develop a true partnership with the Commission as it seeks to execute the first spectrum incentive auction in history. 

     
  • Dennis Wharton 11:19 am on January 22, 2014 Permalink
    Tags: Spectrum   

    Spectrum Sophistry 

    Thank you, Jeffrey Eisenach.

    Thank you for driving a stake deep in the heart of one of the Beltway’s biggest whoppers – namely, that broadcasters are the boondoggle beneficiaries of “free spectrum.”

    For my 31 years living in “This Town,” it’s been presented as gospel that TV stations “got the airwaves for nothing.” It started as “the $60 billion giveaway,” morphed into $80 billion, and if memory serves me correct, eventually became a “$600 billion giveaway”. (Do I hear $600 trillion gazillion, anyone?)

    “The Largest Corporate Welfare Program in History” read one headline. “The Best Bargain Since Manhattan” screamed another.

    Which brings me to the aforementioned Jeffrey Eisenach. A few months back, this well-respected economist was asked to review the validity of claims of a “TV spectrum giveaway”.

    After an intensive review of FCC filings, the compilation of data from media research firms and an analysis of communications law and history, here’s what Eisenach found:

    Ninety-two percent of all existing full-power television broadcasters PAID MARKET RATES for spectrum licenses on the secondary market. Today, fewer than one in ten full power TV licenses is held by an original licensee, and collectively, broadcasters have shelled out $50 billion dollars for their TV licenses (which, coincidentally, just happens to be just about exactly the amount of money that the FCC has raised in spectrum auctions).

    Translation: Suggestions of broadcasters being the recipients of a “billion dollar giveaway” are – in a word – bogus.

    But wait, this gets better. Eisenach also exposed the hypocrisy of those who bemoan the government’s “broadcast spectrum giveaway.”

    As Eisenach makes clear – long before the FCC’s first spectrum auction — wireless carriers and satellite TV providers DISH and DIRECTV were the recipients of FREE spectrum themselves. Those “free” airwaves remain in the hands of the original licensees or the companies that gobbled them up.

    Moreover, these wireless and satellite TV providers who continue to operate on government-granted free spectrum have NONE of the public interest obligations of local TV stations. They have NO program decency standards, NO ownership limits, NO online political advertising requirements, and NO children’s educational programming regulations.

    Yet, is anyone calling out cellular companies for receiving spectrum “for free”? Is anyone objecting to DISH and DIRECTV’s bonanza of “free spectrum”? I didn’t think so.

    And let’s not forget: None of broadcasting’s competitors embrace the localism mandate that broadcasters embrace. None of them have the network redundancy that is built into broadcasting which allows us to remain “always on” in times of crisis. Cellphone and broadband networks were rendered inoperable by events like Hurricane Sandy in New York, killer tornadoes in Oklahoma City, Tuscaloosa, and Joplin, Mo. and by the derecho in Washington, DC. When it mattered most, broadcasting was the indispensable medium because of its “one-to-everyone” architecture.

    Harping on the false claim that broadcasters received spectrum “for free” ignores the tremendous investment local stations have made to utilize airwaves for its highest and best use. It also ignores the $15 billion broadcasters spent on the DTV transition, with no guarantee that a dime of that would be recouped.

    Every day, local television stations and our network partners invest in quality news, weather, sports and entertainment that remains the most-watched programming on TV. More than 90 of the 100 top programs every week are on broadcast TV, and are available free of charge to anyone who installs a $50 antenna. Broadcast TV is growing because of the cord-cutting phenomenon, and today there are 59.7 million people who rely exclusively on over-the-air broadcast television.

    There will always be distortions and half-truths served up by those who would love to eliminate free and local broadcasting as a competitive, innovative force in communications. Thanks to Jeffrey Eisenach, we can finally put to rest the phony claim of a “broadcast spectrum giveaway.”

     
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