T-Mobile, CCA, Broadcasters Suggest Revisions to FCC Repacking Plan

The plan as proposed would give stations that are most complicated to repack the most time to prepare, but the commission should take its logic a step further and use its software to assign the least complicated TV outlets in the earliest phases, CCA said. “Applying this proposal as an additional constraint would free up spectrum more quickly in rural areas, where it is less likely that stations are part of complicated ‘daisy chains.’” T-Mobile and CCA said the FCC and Media Bureau should provide maximum flexibility to broadcasters to test their new signals, broadcast at lower powers, or use temporary facilities. “The Bureau should foster a post-auction transition environment in which stakeholders can enter into voluntary agreements to minimize interference, while allowing stations to transmit under reduced power among other affected broadcasters,” CCA said. "The Transition Plan must allow for -- and rely on -- flexibility in order to avoid delays that might undermine swift clearance of the new 600 MHz mobile band,” T-Mobile said.

Cordillera Communications, Cox Media and Meredith want the repacking plan revised to make clearing the 600 MHz spectrum bought by wireless companies the last priority of the repacking plan rather than the first. “To best protect service to viewers and the safety of tower workers and people who live in close proximity to towers, the two primary objectives should be to maximize the health and safety of tower crews and the homes and businesses that are in close proximity to towers and to minimize service disruptions to viewers and users of other services that share broadcast towers," they said. Cordillera, Cox and Meredith and numerous other broadcasters including Scripps, and a joint filing from Gray, Media General, Nexstar and others said the FCC should build flexibility for weather conditions and other unforeseen variables into their repacking plan. “The Phase Assignment Tool must account for several important constraints that could affect the ability of broadcasters to construct their post-auction facilities, such as regional weather, local zoning restrictions, and the number of stations a single broadcast group can have in any one phase of the transition,” said the joint filing from Nexstar, et al.

T-Mobile didn't agree about the priority of clearing mobile spectrum, urging the FCC to be transparent about possible delays. “The need for ongoing adjustment in scheduling to respond to information about delays and accelerations during the process is critical to ensure the most efficient allocation of resources,” the carrier said. “As the proposal stands now, there is not enough information for interested parties to develop an informed opinion for comment or critique.”

Noncommercial broadcasters may suffer additional delays because of requirements that they have a public procurement process, wrote America's Public TV Stations, CPB and PBS. Such procurement processes can last months, “delaying stations’ ability to order equipment and engage professional services firms critical to effectuating their channel changes,” said the public broadcasters. Vendors “may not prioritize (or even participate in) public bidding processes where such companies are already being pushed to their capacity limits addressing the needs of other television stations that do not require vendors to navigate complicated state procurement processes,” they said. “These factors need to be considered and accommodated in assigning public television stations to particular phases of the transition plan and thus setting construction deadlines.”

Broadcasters also said the FCC should terminate its prohibited communications rules after the final stage rule of the incentive auction is triggered. “Broadcasters must have the unfettered ability to coordinate with their engineers, equipment manufacturers, attorneys, and other stations without the fear of adverse consequences,” said Nexstar et al. Wireless commenters agreed. “The Bureau should work with the Commission to relax these prohibited communications rules regarding post-auction relocation matters, to avoid unnecessarily constraining the ability of broadcasters and wireless providers from initiating discussions necessary to move forward with station transitions as soon as possible,” said CCA. “Improved communication among all stakeholders promises to accelerate the transition process,” said T-Mobile.

The repacking plan would leave low-power TV stations and TV translators without displacement relief until 12 to 18 months after the reassignment public notice, commented the National Translator Association, Advanced Television Broadcasting Alliance and several LPTV broadcasters. To make the repacking plan less “disastrous” for LPTV and translators, the FCC should allow them to operate on temporary channels during the transition, permit them to remain silent for more than 12 months, and allow them to move up to 250 miles in their displacement applications, said the LPTV and translator groups. NCTA agreed with the FCC inclination not to assign broadcasters temporary stations, since it will minimize disruption for multichannel video programming distributors and consumers.