Broadcasters, MVPDs, Microsoft, T-Mobile Weigh in on Reimbursement
Broadcasters of all stripes, MVPDs, T-Mobile and Microsoft have differing opinions on how repacking reimbursement funds should be doled out and to whom, according to comments filed in docket 18-214 by Wednesday's deadline. NAB continued to argue that $400 million appropriated for reimbursements for FY2019 can be used to cover repacking costs for FM, low-power television and translators, but the American Cable Association said it would be “unfair” to reimburse the FM and secondary broadcasters newly covered by the Reimbursement Expansion Act (REA) from FY2019 funds until MVPDs and “all entities for whom the Reimbursement Fund was originally created” are “fully satisfied.”
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The FCC shouldn't “read into the appropriations language limitations that do not exist,” NAB said. The REA doesn't contain language limiting the expenditure of FY 2019 funds, NAB said. “Congress has consistently prioritized reimbursement of MVPDs and full power and Class A stations over all others,” ACA said. Those entities' repacking costs should be addressed before those of LPTV, FM stations and translators, which is likely to require all the FY 2019 funds, ACA said. Cox Media said the additional funds should be used to “fully reimburse” full-power TV stations that incur expenses from the repack of another station.
NAB blamed the FCC's interpretation that Congress limited the disposition of the 2019 reimbursement money for an accompanying FCC proposal that FM stations would be reimbursed on a sliding scale based on how long they are off-air. That proposal is “misguided,” NAB said, and NPR agreed. The FCC should “fully reimburse” public radio stations, NPR said.
Several commenters urged the agency not to divide the additional reimbursement funds into staggered allocations. Low-power broadcasters should receive a lump sum, said the LPTV Spectrum Rights Coalition, and NAB said funds should go out as soon as possible. The National Translator Association said the FCC should allow a “fast-track” translator reimbursement by simply paying each eligible translator “no more than $31,000” and thereby do away with the need for cost estimates or approved expenses.
T-Mobile and the LPTV Spectrum Rights Coalition said the FCC shouldn't prevent broadcasters who received third-party funds from being reimbursed for additional costs. Broadcasters should be able to receive funds after certifying they aren't double-dipping, T-Mobile said. The additional funds are no concern of the FCC's, the LPTV group said. “All additional sources of funds should not be used against an eligible entity’s eligibility for funding.”
Microsoft and the LPTV group said the FCC should reimburse stations for buying mask filters to reduce interference and efficiently use spectrum. “Reduced noise will improve local service providers’ ability to provide rural broadband service in unused white space channels and ease the development and deployment of future technologies,” Microsoft said.
The FCC needs to spend the full $50 million allocated for consumer education on consumer education, said America's Public Television Stations, PBS and CPB in a joint filing. “None of these consumer education expenses would have to be borne by stations if the spectrum auction and repacking had not happened, while only a small minority of stations actually benefited from the auction,” the public TV groups said.