Carriers, Broadcasters Offer FCC Different Takes on Post-Auction Transition

The transition will be the most complex in FCC history, NAB commented in docket 16-306. “The Commission has clearly devoted significant time and energy to understanding and seeking to untangle daisy chains of interdependent stations,” NAB said. “Assigning broadcasters to staggered phases for construction is a reasonable approach to spreading out work to attempt to avoid bottlenecks in the vendor and service provider supply chain.”

Two principles should guide the transition, NAB said. The FCC should minimize the time some viewers may lose over-the-air service and make the transition as smooth as possible, it said. “Second, while the Commission is entirely correct to begin planning for the transition now, its final plan should be flexible and capable of rapid adjustment in response to changing facts,” NAB said. “Weather conditions, delayed zoning approvals, supply chain issues, and unanticipated engineering complexity for some stations can and will create delays that will have cascading effects for other stations.”

“Unfortunately,” by continuing to insist on a 39-month transition, the agency painted “itself into a succession of unnecessary corners that ultimately threaten the transition’s viability,” NAB said. That deadline required the FCC to establish a three-month period for stations to submit construction permit applications and cost estimates on the transition, NAB said. “This will lead to rushed, potentially incomplete applications that will inevitably need to be amended,” it said. “The 39-month deadline has also led to the development of a scheduling plan that will involve assigning stations to construction phases before the Commission or the stations themselves even know the scope of work involved with their transition.”

CTIA emphasized repeatedly in its filing that the “staggering” demands on the wireless industry will only grow with the rollout of 5G. Wireless companies need “expeditious access” to spectrum, including low-band spectrum, just to keep up, CTIA said.

“The proposed methodology for phasing the repacking transition has been carefully crafted to enhance the efficient use of all resources needed to effectuate the relocation of television broadcast stations,” CTIA said. “The Commission should initiate this process prior to the completion of the incentive auction as proposed and should steadfastly attempt to maintain the 39-month timeline for repacking.”

A transparent post-auction process with oversight of the transition schedule is critical, CTIA said. “Wireless licensees will require comprehensive information about the status of the relocation and transition process,” the group said. “The Commission should endeavor to provide all affected stakeholders with needed information in an effective and transparent manner.” The FCC also should allow the use of temporary measures to address problems as they occur, CTIA said. “Utilization of temporary channels, facilities, and channel sharing should be permitted,” the group said. “The Commission should apply a high standard for any potential delays or waivers of the transition process, and should take into consideration the effects on 600 MHz licensees.”

AT&T said the agency should require broadcasters to file detailed progress reports on a regular basis and take other steps to assure a smooth transition. But the company was skeptical of whether 39-months is a reasonable timeframe. “The Commission must be cognizant of its own limitations and the long history of similar transitions in the 800 MHz, AWS-1 and DTV bands, where challenges from unpacking the daisy chain to delays from local zoning boards prevented the completion of these projects in anything approaching the expected timelines,” AT&T said. “Even if the transition is overseen by experienced project management professionals, it is unlikely the Commission will be able to complete the process in thirty-nine months.” But the FCC should do what it can to keep the transition on schedule, the carrier said.

OTA Broadcasting said the FCC “should not only permit, but encourage, voluntary transitional channel sharing” so TV stations can vacate their pre-auction channels at any time in the transition process “without disrupting their operations or placing their licenses at risk.” The transition schedule public notice “reflects an admirable and thoughtful effort by the Commission’s staff to develop an orderly process to transition broadcasters to their post-auction channel assignments within 39 months of the release of the Channel Reassignment Public Notice,” OTA said. “Beneath the FCC’s proposal, however, lies the daunting reality that more than 1,000 television stations are going to need to move to new channels over the three year transition period, including nearly 100 ‘linked-station sets.’”