The FCC shouldn’t include the TVStudy software planned for use in the incentive auction and repacking in its upcoming auction report and order, said NAB auction expert Rick Kaplan in an interview Friday. NAB commented Friday (http://bit.ly/1ghCXqp), urging the commission to use the original Office of Engineering and Technology-69 software instead, because even when running the same specifications as the original software, TVStudy produces different calculations for stations’ coverage area and population served. “Some stations lose and some stations gain, but Congress instructed the FCC to protect all stations,” Kaplan said. FCC officials and industry associations have said TVStudy has features the original OET-69 software doesn’t (CD June 3 p7), and it would be difficult to do the auction without them. “Not only does the new software improve upon the previous iteration, but it also contains features that will be necessary to conduct the incentive auction,” commented CTIA in docket 12-268.
FCC staff are reportedly trying to work out a deal with Verizon and AT&T, as well as small carriers, that would give the two big carriers a shot at buying more spectrum in the TV incentive auction while heading off a potential court challenge to the agency’s spectrum aggregation rules, said industry officials who have been briefed by the FCC. A commission spokesman declined to comment Friday.
Capitol Hill Democrats from both chambers are upping pressure on the FCC (CD May 9 p1) to develop stronger net neutrality protections than it’s currently considering, invoking Communications Act Title II authority as net neutrality advocates have demanded in recent weeks. The co-chairs of the Congressional Progressive Caucus are circulating a letter to FCC Chairman Tom Wheeler telling the agency to reclassify broadband as a Title II telecom service. The agency is scheduled to consider Wheeler’s NPRM allowing what many call Internet fast lanes, relying on Section 706 authority, at its May 15 meeting. Pressure is growing on Wheeler to delay the vote. (See separate report above in this issue.)
FCC Chairman Tom Wheeler is likely to face growing pressure over the next few days to pull the net neutrality rulemaking from Thursday’s meeting agenda, said agency and industry officials. Commissioners and staff are busy working through a confusing array of issues on the incentive auction and spectrum aggregation rules (see related story below in this issue) also set for a vote. Two members of the commission, Democrat Jessica Rosenworcel and Republican Ajit Pai, last week asked for a delay (CD May 9 p1).
The public interest must factor into the FCC’s broadcast TV spectrum incentive auction, said Tom Power, White House Office of Science and Technology Policy deputy federal chief technology officer. The agency is putting together what seems to be a “good proposal” that “seems to balance all these interests” of competition and revenue, Power said Friday at a Capitol Hill spectrum policy event hosted by the Minority Media and Telecommunications Council. The FCC will consider an item on the auction at its Thursday meeting.
A New York federal bankruptcy judge subjected Dish Network Chairman Charlie Ergen’s nearly $1 billion loan debt claim for LightSquared to subordination, and decided to give the parties until May 27 to develop a new restructuring plan. Judge Shelley Chapman rejected Harbinger Capital Partners’ plan to repay Ergen and his SP Special Opportunities (SPSO) entity with a seven-year note, a satellite industry professional said. If the parties can’t reach a solution, negotiating will continue under mediation, he said. Chapman didn’t issue a formal order.
EchoStar will likely speed plans to broaden its services business to international markets as it pushes into Brazil and potentially Europe after taking control of five satellites from Dish Network, EchoStar executives said Friday on an earnings call.
Despite a wireless industry voluntary commitment to equip smartphones with the capability of anti-theft features (CD April 17 p10), the Minnesota Legislature approved a bill, 44-19, Friday requiring that devices come equipped with a “kill switch” rendering them inoperable if they're stolen or lost. A similar California bill easily passed the Senate Thursday and is headed for the Assembly (CD May 9 p21).
NTIA’s plan to transition the Internet Assigned Numbers Authority suffered potential setbacks Thursday, as two House committees approved separate bills that attempt to delay the transition. The House Commerce Committee approved the Domain Openness Through Continued Oversight Matters (DOTCOM) Act (HR-4342) in a markup vote. The House Appropriations Committee approved a 2015 funding bill (http://1.usa.gov/1g09VBb) that reduced NTIA’s budget to $36.7 million and didn’t provide funds for the transition. The likelihood of the DOTCOM Act’s passage in the Senate is slim, said Internet governance experts in interviews.
Sinclair’s willingness to look outside Advanced Television Systems Committee 3.0 for a new TV standard friendlier to mobile uses caused disagreement among panelists and attendees at an ATSC conference Thursday. Sinclair’s plan (CD May 8 p7) to create a new platform that supports broadcasting across all media and then seek a standard for it could lead to two coexisting standards, said Jay Adrick, consultant to GatesAir. That would be “a disaster” for the industry, Adrick said. Other panelists praised Sinclair for investing in new technology but said they hoped the company’s efforts would end up being incorporated into ATSC 3.0. Offering two standards to the FCC would be “a bad idea,” said Lin Media Chief Technology Officer Brett Jenkins.