Two state agencies that operate public TV stations argued at FCC ...

(CWC) and Idaho State Board of Education (SBE) made filings in connection with upfront payments for lower band 700 MHz auction that were due Fri. Auction is to start June 19. Both agencies filed short-form applications for auction but contended they were exempt from bidding because they were noncommercial educational licensees that would offer noncommercial, education TV service. CWC, which wants licenses for cellular market areas in Wyo., contended reallocation order underlying lower 700 MHz auction provided for broadcast services in band. “Further, the Commission has provided that such broadcast operations will have primary regulatory status,” CWC said. But FCC’s competitive bidding authority doesn’t apply to licenses or construction permits for noncommercial educational broadcast stations or public broadcast stations, it said. CWC said it already had license for noncommercial educational station KCWC-TV (Ch.4) Lander- Riverton, Wyo., and it was “demonstrably eligible” to be noncommercial educational licensee. CWC now provides educational TV service under name of Wyo. Public TV. Idaho’s SBE, which operates as Idaho Public TV, raised similar arguments. Both agencies cited educational programming such as kids’ shows and language courses they now offered. “SBE Idaho has found, however, that there simply is not enough time in a day to broadcast all of the educational and instructional programming which it would like to provide to the people of Idaho through use of the television stations licensed to it,” filing said. SBE cited 2001 ruling by U.S. Appeals Court, D.C., in National Public Radio v. FCC that held that denial of auction authority to FCC was based on “noncommercial educational attributes of the station to receive the license” and not where it operated in spectrum