Wednesday - 12/24/14

While it is Christmas eve, the filings into the FCC Incentive Auction proceedings and the US Court of Appeals do not stop.  And they do matter for LPTV, but only if you got nothing else to read or do today.  But do file this edition of our industry newsletter away for reading before the end of the year as it may prove to be a key one for what is going to happen in 2015.

Motion To 'Toll" The LPTV NPRM Comments Process
Free Access & Broadcast Telemedia LLC (FAB), a recent new entrant into the LPTV investment space, has filed a Motion to "toll" the LPTV NPRM process. This is an unusual use of "tolling" in the FCC, as it is normally a stopping of a license process while other administrative processes catch up to it.  

But in terms of the LPTV NPRM, we think FAB means to stop the LPTV NPRM comments process until such time that the information they seek is either provided by the FCC, and/or key documentation put into the Incentive Auction proceedings.  

FAB is specifically asking for,"...the underlying outputs related analysis resulting in the Greenhill Report."  They detail this request in an attached letter in which they further ask for, "the corollary impact results and underlying assumptions for each DMA, as consistent with Appendix A of the Greenhill Report."

FAB's reasoning is that they (and the rest of us) need, "...the FCC specifically solicited the following comments in Paragraph 59 of the 3rd NPRM:
G. Additional Measures to Preserve LPTV and TV Translator Services.", and that without the underlying Greenhill Report data, the LPTV industry can not make informative comments.

FAB provides the FCC with a sample "Individual DMA Impact Report Based on Greenhill Outputs" form which it wants the FCC to format the Greenhill and underlying data within.  

Those of you regular readers of the Coalition newsletter will quickly see that what FAB is asking for in their Motion, is the same type of economic analysis and data the which the Coalition has been asking for all throughout 2013 and 2014.  FAB takes this long-standing Coalition request and focuses it on the exact documentation which the FCC is using to entice the auction eligible broadcasters into participation in the auction, and what will be used in Q1-2015 for the FCC Incentive Auction "roadshow" around the country.

All of these are quick reads and we urge you to review them when you can.

Incentive Auction Court of Appeals Case
The Court of Appeals announced today that the date for oral arguments in the combined NAB/Sinclair v. FCC case would be March 12. 2015.

Yesterday was the deadline for the Intervenors in the case on behalf of the FCC.  This includes CTIA - the Wireless Association, the Competitive Carriers Association, the Consumer Electronics Association, and our buddies over at the Expanding Economic Opportunities for Broadcasters Coalition (about 80 willing broadcasters to sell in the auction).  TIA has also filed a Motion to be part of the case in a much bigger role.  But other than that, no big revelations in these filings. If you are following this case, or want your counsel to have them for Christmas, then here they are:

Previously, the rest of the case filings are below so you can have the full set of documents.

Our LPTV Coalition is also considering joining in on this case in early 2015, since it looks like a fun ride, and considering how CTIA and TIA have expanded the scope of their involvement, and we think that the Court would like to have a full hearing of the "facts".  Don't forget, the majority (60-90%) of the spectrum to be auctioned off is currently licensed and permitted by LPTV and tv translators!  We got standing!

AWS-3 Auction Updates
Steve Wilkus, the CTO of Spectrum Financial Partners says happy holidays to everyone and provides for your "visions of sugarplums danced in their heads" in those 6-MHz TV spectrum blocks.  Take a look at his excellent and timely analysis of what has been happening in the AWS-3 auction:

Incentive Auction Explained
Our friends over at have interviewed former FCC official and now DC-based lawyer Paul Margie about net neutrality, spectrum management, and the incentive auction.  We think it is good to watch this video just so you can see how even the smart guys can miss the facts about LPTV and the auction, and just how much our industry is playing a part in the auction.  The Coalition will be interviewed in January by RCR Wireless and at that time we will be setting the record straight on the "LPTV Auction".

Talking net neutrality, spectrum management, incentive auction with Paul Margie

Resources For Filing Comments Into The LPTV NPRM
Remember our Coalition has set up a resource page on our website for all of the key documents you need to file your own Comments into the LPTV NPRM by January 12th, 2015.  


Make sure to make your contribution to our industry's common legal defense, and be part of the movement to save LPTV.  Unless we fight the auction rules and regulations now, and in court in 2015, we will not have a lot of spectrum remaining to displace and rebuild into in 2016-2020.  

A very merry holiday season to you all.  

We Got Your Back LPTV!

Mike Gravino
LPTV Spectrum Rights Coalition
(202) 604-0747