Communications Daily is a service of Warren Communications News.
White Spaces

Media Bureau Dismisses Experimental License Request to Test Broadband on LPTV Spectrum

The FCC Media Bureau denied an experimental license application from low-power TV (LPTV) operator WatchTV that sought to test an OFDM-based broadcast transmission system popular overseas with an in-band broadband service. The applicants had complained the request wasn’t getting the attention it deserved (CD Jan 14 p4). But the request appeared to seek authority to introduce a new service that doesn’t comply with FCC rules and would appear to be more akin to a developmental license rather than an experimental license, bureau Chief Bill Lake wrote Watch TV Chairman Greg Hermann, who’s also president of the LPTV group Spectrum Evolution. Developmental licenses should be accompanied by petition for rulemaking, Lake wrote. “Where a new service would employ technology inconsistent with the existing ATSC standard, any rulemaking most likely would be accompanied by industry standards development."

Sign up for a free preview to unlock the rest of this article

Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!

The application also failed to address the effect on viewers of the four analog LPTV stations seeking the experimental license, Lake wrote. “It merely assumes all viewers who previously received the analog signals will be able to receive the multicast digital signals.” Lake also had problems with the scope of the experiment, alluding to the potential for “thousands” of participants. “The Commission generally looks favorably on experiments designed to examine technical issues,” he said. “We cannot, however authorize an experiment that appears designed to establish a new service that is not currently permitted under Commission rules."

The bureau’s dismissal of the application is frustrating, Hermann said in an interview. “It’s irritating and it shakes my belief that we have an FCC that even understands what it’s doing.” Despite assurances from the bureau, FCC staff never engaged with WatchTV or gave it a chance to respond to the concerns detailed in the dismissal letter, Herman said. “I think they are afraid we will succeed, and that is the only reason they have denied the application.” A successful experiment would “confound the suggestion that broadcasters are not using the spectrum properly,” Hermann said. A bureau spokeswoman didn’t immediately respond to a message seeking comment.

Watch TV could build a similar experimental facility, but at a slightly lower power, without seeking FCC permission, Hermann said. “White space devices can use OFDM within the band today, granted it may be at a lower power,” he said. “Why is it OK if it’s white spaces, but not if it’s broadcasting?” Hermann said his company will evaluate Lake’s letter before deciding on its next step. “We will redouble our efforts,” he said. “We will not be subjected to statements that say we cannot fulfill the aspirations of the National Broadband Plan.”