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PGTV’s Total.TV, a prospective bidder in upcoming 700 MHz auction...

PGTV’s Total.TV, a prospective bidder in upcoming 700 MHz auctions, shopped around potential compromise position on Capitol Hill last week designed to bridge impasse on timing of auctions. Draft compromise language by Total.TV, which is billing itself as potential…

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new competitor to satellite and cable TV, came as other compromise positions were floated around and industry awaited word from FCC on whether it would grant CTIA request to delay June 19 auction date. Newly formed Total.TV told FCC Chmn. Powell in recent letter that it supported brief delay in auction dates. Company, created by Phil Goldman, who is one of founders of WebTV, has said it would like to use all of 78 MHz available in upper and lower bands of 700 MHz auctions to create multichannel video service that would compete with existing multichannel video programming distributors. But draft compromise by Total.TV would combine lower 700 MHz economic area group (EAG) licenses with upper 700 MHz licenses in Auction 31 for Chs. 60-69. Draft language would continue to allow combinatorial bidding for all frequencies in Auction 31. So draft would keep June 19 date intact for rural service areas (RSA) and metropolitan service areas (MSA) in lower band or Auction 41. Auction 31 for upper band EAG licenses would be delayed. Compromise would call for FCC within 9 months of enactment of legislation to modify auction and service rules for services that include multi-channel video program services. FCC also would have to submit report to Congress within one year of legislation’s passage spelling out when FCC plans to reschedule auction and describing progress of DTV transition and other factors related to timing. Now there are conflicting legislative proposals in Congress, including bill passed by House that would direct FCC to postpone 700 MHz auctions indefinitely. Sens. Ensign (R-Nev.) and Kerry (D- Mass.) are sponsoring bill that mirrors language of auction delay legislation backed by House Commerce Committee Chmn. Tauzin (R-La.). Alaska Sen. Stevens, ranking GOP member of Senate Appropriations Committee, is sponsoring bill that would compel FCC to hold auctions on time. Ensign’s office is said to be gauging support for similar compromise that would let C block MSA and RSA licenses move forward to auction as planned and delay EAG bidding. Since introducing bill earlier this month, Ensign has added Sens. Breaux (D- La.), Lincoln (D-Ark.), Wyden (D-Ark.), Hutchison (R-Tex.) and Senate Minority Leader Lott (R-Miss.). Congress faces dwindling time period to craft compromise on auction timing, with House and Senate scheduled to begin Memorial Day recess May 24. Meanwhile, some industry observers expect FCC to act on CTIA application to review Wireless Bureau decision to keep June 19 auction date intact by May 28, which is when upfront payments are due from prospective auction participants.