COALITION COMMENTARY & RANT
GOOGLE PROPOSES A TAKING
OF HUNDREDS LPTV LICENSES
FOR ITS' OWN UNLICENSED USE
TO THE CURRENT LICENSEES
OR ANY REVENUES TO
THE FEDERAL GOVERNMENT
TELLS FCC STAFF TO HURRY UP THE PROCESS SO THAT IT CAN COMMENT ON HOW IT CAN HAVE MORE FREE SPECTRUM
WHICH IS CONTRARY TO ESTABLISHED LAW AND WHICH GOES AGAINST THE INTENT OF CONGRESS WHEN IT PASSED THE INCENTIVE AUCTION LEGISLATION
In an ex parte filing yesterday, Google, and one of their hired DC legal counsel,
"urged the Commission to move forward with the pending NPRM on this topic so that parties can comment on the Commission's proposals."
This refers to what we have reported on here recently, the proposed Amendment to the Part 15, Part 73, and Part 74 rules which govern LPTV, TV translators, and wireless mic's.
Now, senior members of the DC and California Googleplex do read this newsletter. And we have had many conversations, emails, and a video conference with them about how a push for more unlicensed beyond the duplex-gap (spectrum between the uplink and downlinks), and the guard bands (spectrum between LTE and ATSC), was more than enough for the unlicensed community, and is exactly what the incentive auction legislation called for. But they want more, they want it all, they want the LPTV and TV translator spectrum for free!
What we reveal here today, is that during the past year, our Coalition has presented various plans to Google for them to purchase LPTV spectrum rights on a nationwide, and large scale basis. And to turn those licenses back to the FCC for the free use of everyone in the country. A "spectrum trust" kind of concept similar to a land trust.
And we told Google (and many other public interest advocates of unlicensed spectrum) that any attempt to game the FCC rule making to get more free spectrum by taking it from LPTV licensees, without compensation, would be an act of war with us. So let all who read this notice know that we tried. We went to the Googleplex, but the Googleplex did not want to play fair.
And we have done this a number of times, in various ways, to get one of the largest companies, and their paid legions of unlicensed advocates to come up with a creative "win-win-win", as our some time nemesis and would-be colleague Harold would say. A win for the Googleplex, a win for LPTV, and a win for the country.
IF THE FCC WANTS THE INCENTIVE AUCTION TO BE CONDUCTED IN EARLY 2016, IT NEEDS TO TAKE OFF THE GAME BOARD, AND OUT OF CIRCULATION, ANY ATTEMPT AT AMENDING LPTV AND TV TRANSLATOR SPECTRUM USAGE RIGHTS AND RULES, AS THEY RELATE TO AN ADDITIONAL "NATURALLY OCCURRING TV CHANNEL" IN EACH TV MARKET.
IT IS BAD ENOUGH THE SIZE OF THE LOWER GUARD BAND IS A RIDICULOUS 11-MHZ IN MANY CLEARING SCENARIOS. AND WHEN ADDED TO A POTENTIAL UPPER GUARD BAND OF 7-MHZ, WELL THAT IS 18-MHZ, OR 3 LPTV AND TV TRANSLATOR STATIONS PER MARKET, TIMES 210 MARKETS, OR 630 LESS CHANNELS ALREADY. WITH WHAT GOOGLE NOW WANTS, THIS TOTAL WILL BE MORE THAN 800 LICENSEES AND BUSINESSES LEFT OUT OF THE REPACK WITH NO COMPENSATION OR CHANNELS TO MOVE TO. SO MUCH FOR "DO NO EVIL."
THE LOW BAND UNLICENSED ECONOMY HAS NOT YET PROVEN ITSELF, AND NEITHER HAS THE TV WHITE SPACE INDUSTRY. LPTV HAS BEEN HERE FOR 30 YEARS, IS THE MOST DIVERSE OF THE BROADCAST SERVICES, HAS MORE MULTICULTURAL, SMALL BUSINESS, TRUE FAMILY BUSINESSES THAN ANY OTHER THE FCC REGULATES. OUR 8000 LICENSES AND PERMITS ARE NOT FOR THE TAKING WITHOUT DUE PROCESS AND COMPENSATION, JUST LIKE THE PRIMARIES AND CLASS-A'S. WE ARE LICENSED DAMN IT, YOU JUST CAN NOT DO A TAKING!
WE HAVE INVESTED IN THESE BUSINESSES WITH THE AUTHORIZATION AND APPROVAL OF CONGRESS AND THE FCC. WE HAVE AN EXPECTATION OF RENEWAL, AND WE HAVE THE RIGHT OF DISPLACEMENT.
TO ANY OTHER FCC LICENSEE IN ANY OTHER CLASS, LISTEN UP. IF THE FCC IS SUCCESSFUL IN BREAKING THEIR EXPECTATION OF RENEWAL WITH LPTV, THEY CAN AND WILL DO IT WITH YOU WHEN THEY WANT.
THE INCENTIVE AUCTION LEGISLATION ALLOWS THE FCC TO DISPLACE LPTV AND TV TRANSLATORS, WHICH MEANS PROVIDE THEM WITH A PROCESS SO THAT THEY CAN MOVE AROUND AND FIND NEW CHANNELS TO SERVE THEIR COMMUNITIES. THIS DOES NOT MEAN PUTTING UNLICENSED USERS OVER LICENSED USERS!!!! AT A MINIMUM, AN ATTEMPT TO DO THIS WILL RESULT IN A 6-9 MONTH DELAY IN THE COURTS, OR MORE. SO DROP THIS PROPOSED AMENDMENT. THERE ARE OTHER WAYS TO GET MORE UNLICENSED AND TV WHITE SPACE - WE KNOW, WE HAVE BEEN PROPOSING THEM! IT IS CALLED "SMART LPTV".
AND TO OUR NEW FRIENDS, THE SPECTRUM BUYERS IN THE AUCTION. LET THE FCC KNOW, THAT LPTV NEEDS TO BE TREATED FAIRLY, SO THE BUSINESS OF REPURPOSING OUR LICENSED SPECTRUM CAN BE DONE QUICKLY, AND NOT BE DRAGGED DOWN INTO THE COURTS OVER WHAT THE GOOGLEPLEX WANTS.
WE ALL WANT A SUCCESSFUL AUCTION ACCOMPLISHED IN A TIMELY FASHION, BUT NOT ONE WHICH ABUSES LPTV AND TV TRANSLATORS IN THE PROCESS!