FCC Urging Broadcasters to Start Repack Closeout
With the FCC through much of the incentive auction repack, it's pushing broadcasters to start closeout procedures instead of waiting nearer to the July 2023 fixed transition closeout date. The agency will likely set an earlier broadcaster deadline for submitting invoices, said Media Bureau Video Division Special Counsel Dana Leavitt at an FCBA event Thursday.
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Closing out the full-power and Class A TV station repacking process will make clear how much extra money is available for low-power TV and FM repacking, said Incentive Auction Task Force Chair Jean Kiddoo. Asked when LPTV reimbursements would start to go out, IATF Deputy Chair Hillary DeNigro said "soon." The LPTV industry expects the first half of 2020 (see 2001070040). DeNigro said the amounts for LPTV operations will depend on funds available. If the fund is enough to cover the allocation, she said the 92.5 percent coverage of FM could be "some precedent."
As of Thursday morning, 722 of 987 stations had vacated their pre-auction channel. Kiddoo said the agency expects that to tick up by another 50 by Friday since Thursday was the deadline of phase seven of the 10-phase repack. She said 81 percent of affected broadcasters are on their post-auction channels using permanent facilities.
DeNigro said the agency has received 947 LPTV and translator submissions for eligibility, and they're under review. Media Bureau Chief Engineer Jeff Neumann said the agency has received 44,000 full-power invoices, and had to create new procedures rather than do case-by-case review. It's confident its methodology can easily scale up to tackle LPTV invoices, he said. The commission is adjusting procedures for LPTV, and needs to see an approved estimate before it pays the first invoice, he said.
Neumann said the FCC repeatedly sees clerical errors like incorrect invoice numbers or dates, all of which get the submissions kicked back and delays returns. The agency and private-sector lawyers discussed problems with full-power and LPTV invoices and reimbursements. Those attorneys said submissions with similar eligibility seemingly were being treated differently, with some being processed and others kicked back for more information.
Kiddoo said it hasn't been determined if the FCC will do site visits for FM or LPTV as it did for Class A. She said the regulator has different options for audit and data verification procedures.
Media Bureau Audio Division Senior Counsel Tom Nessinger said both the FCC and NAB overshot estimates on how many FM stations might be affected, possibly reflecting issues such as broadcasters having good tower leases. Congress allocated $50 million and 87 stations so far have been found eligible, he said. So "nobody will be taking a haircut" on reasonable expenses, he said, noting two to three invoices have been approved so far.