The spectrum inventory discussed by FCC Chairman Julius Genachowski Wednesday likely won’t satisfy calls on Capitol Hill for a more exhaustive inventory, industry and FCC officials said Thursday. An official in the chairman’s office clarified that Genachowski was referring to the extensive research the commission did as reflected in its LicenseView and Spectrum Dashboard initiatives when he discussed the FCC inventory Wednesday (CD March 17 p1). The official said different bills proposed in Congress differ on what would constitute an inventory. “The broadcasters are really pushing the need for an inventory before anything happens” and the inventory unveiled by Genachowski probably won’t fit that bill, a second FCC official said.
Peter Cramton, an expert on spectrum auctions, said Friday he is “optimistic” about the outlook for a voluntary incentive auction. The key to attracting wireless industry interest, he said, is forcing broadcasters to repack their spectrum to make it valuable in multiple markets, he said at a Media Access Project conference.
FCC Chief of Staff Eddie Lazarus said delivering the end product of the National Broadband Plan will take time. Speaking late Wednesday at an FCBA event on the first anniversary of the plan’s announcement, he focused on its success to date. FCC and industry panelists said compromise is needed to make the plan a success. Some said they're cautiously optimistic that the regulator and those it regulates will come together to make the plan work out well. Industry officials disagreed on ways to open up cable set-top boxes to retail competition to stimulate broadband adoption, and whether rules requiring what’s called AllVid are needed.
Nexstar Broadcasting Chairman Perry Sook expects no movement, and certainly nothing “deleterious,” to broadcasters happening in the context of incentive spectrum auctions in 2011, he told investors during the company’s Q4 earnings teleconference Thursday. “In this budget climate, there would be a faction of Congress wholly uninterested in sharing any auction proceeds with broadcasters.” Indications from leaders on the Commerce committees are that Congress wants to move ahead with a spectrum inventory before taking up auction proposals, he said.
The Supreme Court should consider Council Tree’s challenge to the AWS-1 and 700 MHz auction results, in part to clear up longstanding questions about how courts should interpret Section 706 of the Administrative Procedure Act, the designated entity (DE) said in a reply brief to the high court. The 3rd U.S. Court of Appeals in Philadelphia found problems with the FCC’s revised DE rules challenged by Council Tree, but left intact the auction results (CD Aug 25 p1).
The FCC Thursday unanimously approved three items aimed at improving communications and radio service on tribal lands. Commissioners also heard testimony from tribal leaders about the state of communications in Indian country. The meeting came as the White House held a follow up meeting on last year’s Tribal Nations Summit.
A divided Congress can help broadcasters avoid harmful legislation or regulation by slowing down consideration of issues detrimental to the industry, NAB President Gordon Smith said Thursday. “When it comes to broadcast issues, it is helpful to us, to have an extra check and balance between the chambers” so issues are “fully considered,” he said. That’s because decisions can have “lasting and damaging consequences,” Smith said in response to our question on C-SPAN.
There’s “tension” between raising money through spectrum auctions over the near term and long-term access to broadcast TV, aides to FCC Commissioner Meredith Baker were told at a private lunch last week hosted by the Association for Maximum Service Television, the group said. The ongoing media ownership review emphasizes the number of independent TV stations in a market, while the National Broadband Plan seeks to repurpose 120 MHz of such spectrum for wireless broadband, noted a filing posted Tuesday to docket 10-235. The agency “should reconcile these contradictory valuations” and “as part of a holistic approach to both spectrum and media ownership policies, the Commission should study what effect a reduction of the number of voices in various markets would have on multiple ownership rules,” MSTV said. Also at the lunch were executives from the Association of Public Television Stations, CBS, Ion Media and News Corp. and representatives of companies including Belo, Disney, Meredith and Tribune.
Broadcaster participation need not be high to raise nearly $28 billion from voluntary incentive auctions, said Phil Weiser, National Economic Council senior adviser to the director for technology and innovation. The White House estimated in its FY 2012 budget that the wireless effort could raise $27.8 billion. At a New America Foundation event Wednesday on the Hill, Weiser and other government officials acknowledged that the auctions and much else in Obama’s wireless plan rely on Congressional action. Meanwhile, speakers from industry and public interest groups urged government not to lose focus on spectrum sharing as it moves forward on auctions.
House Republicans will try to use the Continuing Resolution to stop the FCC from acting on its net neutrality order. In a speech Tuesday, House Communications Subcommittee Chairman Greg Walden, R-Ore., said he filed an amendment prohibiting the FCC from spending any money to implement the rule. Also at the NARUC meeting, Walden said he’s considering legislation to overhaul FCC process. He questioned the White House’s FY 2012 budget estimate for money that could be raised by voluntary incentive spectrum auctions.