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Harder Than DTV

FCC Already Flexible on Repacking, Kreisman Tells FCBA

Repacking delays won’t get worse in later phases as broadcast gear manufacturers claimed, said FCC Media Bureau Video Division Chief Barbara Kreisman at an FCBA Mass Media Committee event Tuesday. She said the FCC has been doing all things representatives from Dielectric, Stainless and other companies suggested, and the agency’s actions will prevent delays from snowballing down the line. “All their suggestions for flexibility are things we’re already being flexible on,” Kreisman said.

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Media Bureau and Incentive Auction Task Force officials doubled down on Monday’s repacking public notice (see Ref:1902110044]), saying the repacking is ahead of schedule. Individual broadcasters studied by the FCC are doing fine, while the equipment manufacturers are claiming the sky is falling, Kreisman said. IATF Chair Jean Kiddoo and Media Bureau Associate Chief Hillary DeNigro didn’t discuss or take questions on a pending order on reimbursement for low-power TV, FM radio stations and TV translators. They cited ex parte rules.

In two meetings with the IATF, equipment makers said lack of tower crews would mean increasing delays as the repacking progresses, asking the FCC to be flexible on broadcaster requests for more time or to transition to interim facilities. The agency is doing that, but “the word’s just not getting out there,” Kreisman said, urging the gathered FCBA attorneys to inform clients of the full “toolkit” for dealing with repacking delays. Stainless and Dielectric didn’t comment.

The agency is open to station requests to move to later phases for unplanned delays such as those caused by bad weather, Kreisman said. Manufacturers have repeatedly cited delays caused by winter weather. As long as requested phase changes don’t cause interference or complicate the repacking of other stations, the FCC is prepared to grant them, she said. The IATF is also prepared to grant extensions on construction or requests to use interim facilities, a particular focus of the manufacturer ex parte filings. “The transition is hard -- we want to maintain a basic schedule, but on an individual basis we’re happy to work with you,” she told the attorneys, noting the FCC is open to “more creative” solutions within rules. Kreisman said the repacking is more difficult than the DTV transition because of the coordination required.

The FCC is flexible now, but requests for extensions and phase changes are likely to severely increase in later phases, a broadcast lawyer told us after the meeting. Allowing broadcasters to delay repacking doesn’t expressly address lack of tower crews, and it’s likely to become much harder for the agency to adhere to its transition schedule, he said. “I think they agree with us,” Kreisman said of the manufacturers. “The suggestions they came up with were the ones we’ve already been doing.”