T-Mobile, NAB Critical of Reimbursement NPRM; Microsoft Seeks to Include Filters

Task Force, and aides to Chairman Ajit Pai and to Commissioners Mike O’Rielly and Jessica Rosenworcel, it recounted in docket 18-214, which also had other filings posted Thursday, a week before commissioners vote. The company was represented by former IATF Vice Chairman Howard Symons, now of Jenner & Block. T-Mobile “was willing to step in at a time when Congress had not funded the post-auction relocation of LPTV stations,” but Congress’ authorization of reimbursement funds for LPTV and translators “has materially altered the post-auction landscape for these stations,” T-Mobile said. The draft suggests T-Mobile could remain responsible for funding LPTV repacking despite the new reimbursement fund, and proposes precluding stations that received funding from the company, even for future expenses, it said. Stations that received money from T-Mobile should be able to use the fund “provided that they demonstrate that funds received from the third party have been returned or have not been used to fund the same eligible expenses” and likewise for the future, T-Mobile said. Microsoft also met with the IATF and Office of Engineering and Technology on the draft reimbursement NPRM. It should include questions about letting LPTV, translators and FM stations be reimbursed for transmit filters that will promote “greater overall band utilization,” wrote Microsoft, hoping “the NPRM ask whether the Commission could promote greater use of the television band by reimbursing full-service filters for all low-power broadcasters, rather than stringent or simple masks.” The draft misinterprets legislation authorizing the additional reimbursement, NAB continued to say (see 1807240061) in meetings and calls with Pai Chief of Staff Matthew Berry, Media Bureau Chief Michelle Carey, and aides to Pai, Rosenworcel and Commissioner Brendan Carr, it said (and filings). The draft operates from the premise the legislation lets the FCC draw FY 2018 funds only to reimburse LPTV, FM stations and translators, but NAB argued that’s a “phantom reading.” That led the NPRM to propose graduated payments for FMs based on how they are disrupted by the repacking, NAB said. “Congress specified funding levels from Fiscal Year 2018 funds, but also provided the FCC with discretion as to how to allocate Fiscal 2019 funds.”