FCC Approves Channel Sharing Order
The FCC took what Chairman Julius Genachowski said was its first concrete step toward a voluntary incentive auction of broadcast spectrum, on Friday approving a framework for two or more TV stations to share a single six MHz channel. The order left a number of thorny issues to be addressed at a later date (CD April 16 p1). “This is our first action at the commission level to begin to implement the historic incentive auction law that was passed by Congress and signed by the president not very long ago,” Genachowski said. Incentive auctions offer “enormous opportunities” but are also “unprecedented and complex,” he said. “Many steps to follow.”
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The order requires all stations “retain at least one standard definition programming stream to meet the FCC’s requirement of providing an over-the-air video broadcast at no direct charge to viewers,” said a news release on the order. It said stations retain flexibility “of tailoring their channel sharing agreements to meet their individual programming and economic needs.” Each station will also continue to be “licensed separately, retain its original call sign, retain all the rights pertaining to an FCC license, and remain subject to all of the FCC’s rules, policies, and obligations,” the release said.
The rules apply only to full-power and Class A stations, including both commercial and noncommercial educational TV stations and have no effect on the cable and satellite carriage rights currently afforded broadcast licensees. “Nor does the Report and Order act on the proposals in the Notice of Proposed Rulemaking to establish fixed and mobile allocations in the U/V bands or to improve TV service on VHF channels,” the news release said. “The Commission will address the allocation issue in a future rulemaking, and may address the VHF issues at a later date as well.” The spectrum sharing order does not take on some of the more controversial issues raised in a 2010 notice of proposed rulemaking (http://xrl.us/bm3oko).
While just a “baby step” the order is “nonetheless a first step down what will be a lengthy road ... with many twists and turns,” said Commissioner Robert McDowell. Commissioner Mignon Clyburn said the FCC must act in a way that keeps in mind some important obligations as it takes steps mandated by recently enacted spectrum legislation. “In my opinion, the top two [steps] are that we must comply with specific mandates in this statute and we must conduct this proceeding in a manner that preserves the integrity of broadcast television service,” she said. Nothing in the order should be construed as preventing the FCC from action on petitions asking it to promote greater diversity in station ownership, Clyburn said. A number of racist tweets reportedly aimed at Washington Capitals forward Joel Ward, who is black, after he scored the winning goal to advance his team to the second round of the NHL playoffs, “serves as a stark reminder that, unfortunately, we still have a ways to go to achieve true racial harmony,” she said.
"This action is the first of a number being taken to further address the nation’s growing demand for wireless broadband services, promote ongoing innovation in mobile communications and ensure that the United States keeps pace with the global wireless revolution,” Media Bureau Chief Bill Lake said, presenting the order. “The incentive auction will be an integral part of the commission’s wireless broadband expansion efforts.”