Advocates for unlicensed use of TV white spaces are concerned ATSC 3.0 could be a future threat, but supporters of the new standard say no such threat exists and the FCC shouldn’t put unlicensed use of spectrum ahead of broadcast licensees. “The idea that you would constrain broadcasting to protect unlicensed service is anathema to the purpose of the FCC,” said Pillsbury Winthrop communications attorney John Hane, who represents broadcasters pushing for the new standard.
A group of net neutrality supporters engaged in a silent protest “walk-out” from Thursday’s FCC commissioners' meeting during remarks by Commissioner Mignon Clyburn on contraband cellphones. The dozen or so protesters abruptly stood up from the audience as Clyburn spoke, all wearing white T-shirts that said “Protect Net Neutrality.” They then left the meeting room, escorted by security. The protesters were representatives from Free Press, Popular Resistance OpenMedia, Women’s Institute for Freedom of the Press and Demand Progress, said a tweet from Free Press Campaign Director Candace Clement. In a video that Clement linked on Popular Resistance’s Facebook page, one of the protesters describes the walk-out as “an action to let the FCC know the movement is watching and a campaign is beginning to protect net neutrality.” The protesters didn’t interrupt Thursday’s meeting, which continued as they were escorted out. Also Thursday, the Senate OK'ed an override of FCC net neutrality privacy rules (see 1703230070).
FCC Chairman Ajit Pai said he wouldn't “wade into” the argument over fake news (see 1703150063) because it's a “political debate." His remarks came during a news conference Thursday. News media “perform an important job,” Pai said, declining to respond to questions about whether he agreed with President Donald Trump that media outlets such as The New York Times and ABC News were fake news. “I’ve been very clear about the importance I place on First Amendment freedoms,” Pai said. “This is a political debate that is happening with political actors.”
FCC rules for channel sharing were approved Thursday on yes votes from Chairman Ajit Pai and Commissioner Mike O’Rielly. Commissioner Mignon Clyburn approved in part and concurred in part, over a change to the draft item’s effect on must-carry rules for low-power TV stations. “What disappoints me is that today we have actually closed the door on the very rare instances in which a secondary station could gain must-carry rights as a result of channel sharing,” she said. That alteration was praised by O’Rielly. “The commission is making clear with changes made to the text before us compared to the circulated version that television station must-carry rights are not being expanded in any aspect,” O’Rielly said. “As someone who is not necessarily the biggest supporter of must carry, we are correctly deciding not to reopen that can of worms here.”
FCC Chairman Ajit Pai is seen as receptive to a petition from NAB (see 1703170055) for changes to the post-incentive auction repacking plan, but any changes to the repacking timeline are likely to face considerable pushback from industry, said broadcast officials and analysts in interviews. Though broadcasters repeatedly praised Pai, his previous positions in their favor -- on ATSC 3.0, and his perceived plans to roll back media ownership rules -- haven’t faced strong opposition from a competing industry. On the repacking, NAB’s requests for a looser timeline are diametrically opposed to calls for a faster transition from wireless providers such as T-Mobile, said Roger Entner, analyst at Recon Analytics: “They need that spectrum tomorrow!”
Entercom and CBS Radio filed applications with the FCC for approval of Entercom’s all-stock buy of CBS (see 1702020070), show FCC and SEC filings. As part of deal approval, Entercom agreed to divest stations in seven markets, and the companies are asking the FCC for a six-month waiver of the TV/radio cross-ownership rules to allow CBS CEO Les Moonves and CBS Chief Operating Officer Joseph Ianniello to sit on the Entercom board (see 1703210041), said an SEC filing. The deal is expected to close in the second half of 2017, Entercom said.
Preliminary work to repack broadcasters after the incentive auction has begun and is going smoothly, said engineers, broadcasters, antenna manufacturers and industry officials in recent interviews. But they said that’s likely to change, both in April when the 39-month countdown clock on the repacking starts ticking and when it comes time to install all the new broadcast equipment stations will need to transition to their new channel assignments. A lack of experienced tower crews and the sheer amount of work needed is going to create a bottleneck, numerous industry officials said.
Nexstar Media and Sinclair agreed to create a consortium designed to let broadcasters compete with wireless companies using both ATSC 3.0 and current broadcast advertising, said a news release from the TV station owners and broadcast executives in interviews. The consortium, which “will promote spectrum aggregation, innovation and monetization,” will be jointly owned and controlled by Sinclair and Nexstar, the firms said. It's “non-exclusive” and the consortium “is intent on exploring the inclusion of other television broadcasting entities,” they said.
Broadcasters are becoming increasingly concerned about how the post-incentive auction repacking of TV stations will affect FM stations, engineers and attorneys told us. They said engineers have been discussing the matter for some time, and the matter recently became the subject of a push by NAB (see 1703140066). The association visited the FCC on the issue twice this month so far, according to ex parte filings. Unlike full-power and Class A TV stations, FM stations that have to change their facilities or go dark because of the repacking won’t be reimbursed, and they can’t use pay-TV carriage to reach viewers if the repacking affects signal strength, said Womble Carlyle radio lawyer John Garziglia. The FCC didn't comment.
A long list of deadlines and filing windows awaits broadcasters after the incentive auction, according to a workshop on the post-incentive auction transition at the FCC Monday. Incentive Auction Task Force staff described numerous opportunities for broadcasters to get extensions on requirements such as filing construction permits, but repeatedly said waivers that would allow a broadcaster to remain on their original channel beyond the 39-month transition period won’t be granted. Such waivers won’t be granted “in any event,” Media Bureau attorney adviser Shaun Maher said. Along with deadlines, the workshop discussed channel sharing, the public information requirements for broadcasters and rules for stations going dark.