The NAB Pulse | March 28, 2011

March 28, 2011

NAB to FCC: Need "Holistic" Approach to Spectrum Plans

NAB, along with the Association for Maximum Service Television (MSTV), submitted comments to the Federal Communications Commission (FCC) on March 18 in response to the FCC's Notice of Proposed Rulemaking that concerns a variety of potential rule changes that could lay the "groundwork" for an auction of broadcast TV spectrum. NAB and MSTV told the FCC that it should consider the rulemaking – including rules that would allow two or more stations to share one channel and potential improvements to VHF – within a broader scope that examines the potential role of broadcasting as a companion to broadband in the future. NAB and MSTV also noted that several of the FCC's proposed changes are problematic from both engineering and public policy perspectives.

The FCC issued the Notice in response to recommendations made in the National Broadband Report, released by the FCC last spring, including suggestions that some broadcast spectrum should be reallocated to wireless broadband providers via an incentive auction to accommodate the growing popularity of wireless broadband service. NAB does not oppose incentive auctions that are "truly voluntary" but has continuously expressed concerns about the impact of any reallocation on remaining broadcasters and viewers.

In these comments, NAB and MSTV offered five action points that should be completed before or in conjunction with any effort to reallocate broadcast spectrum. According to the comments, the FCC should:

Assess the capability of technological breakthroughs to enhance the wireless industry's ability to use its existing spectrum resources more efficiently, and evaluate other ways to alleviate the capacity crunch the wireless industry may be facing;
Complete and seek comment, as urged in pending legislation, on the results and implications of its survey of utilization of spectrum under its jurisdiction and the spectrum surveys undertaken by other government agencies, per the president's memorandum of June 28, 2010;
Assess the trade-offs associated with shifting significant amounts of spectrum dedicated to broadcasting to wireless broadband services, and weigh the potential consumer and competitive harms of reallocating spectrum from the public's free broadcasting services to subscription wireless operations;
Explore other means of expanding broadband access; and
Make public, and solicit and consider comment on, closely related issues before it acts on the three issues targeted for discussion by the Notice.

Reply comments in this proceeding are due April 18.

To read NAB and MSTV's initial comments, click here.