LPTV INDUSTRY NEWS - WEDNESDAY - MARCH 25TH, 2015 - AM EDITION
TODAY'S NEWSLETTER SPONSOR & COALITION MEMBER
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WE ARE INVISIBLE
THE SPECTRUM WHICH LPTV HAS
HOMESTEADED NOW FOR 30 YEARS, AND WHICH IS THE SINGLE LARGEST GROUP OF FEDERAL SPECTRUM IN PRIVATE USE, AND WHICH LPTV LICENSEES HAVE INVESTED INTO BUILDING THEIR FACILITIES ON, INNOVATED WITH, AND WHICH
PROVIDE LITERALLY MILLIONS OF HOURS OF INVALUABLE PUBLIC SERVICES WITH EACH YEAR TO UNDERSERVED AUDIENCES IN MOST EVERY COMMUNITY IN AMERICA, AND MOST IMPORTANTLY,
IS THE MAJORITY OF THE SPECTRUM TO BE SOLD IN INCENTIVE SPECTRUM AUCTION...
SO WHY ARE THEY SCARED TO EVEN
MENTION US IN THEIR PUBLIC TESTIMONY? IS
IT ALL ABOUT THE MONEY WHICH THE CONGRESS HAS ALREADY SPENT? BUT DON'T BLAME THE FCC, TOO MUCH. THEY ARE ONLY CHOOSING TO NOT USE THEIR DISCRETIONARY AUTHORITY TO PROTECT LPTV, AND ACTIVELY WORKING TO REALLY MESS UP OUR CHANCES TO HAVE A CHANNEL TO MOVE TO POST AUCTION (MORE ON THAT SOON...)
HERE ARE THE REAL ENEMIES, THE ONE'S WHICH PASSED THE ENABLING AUCTION LEGISLATION, AND THE ONES WHICH HAVE REFUSED TO HELP US. ALL THEY CARE ABOUT IS THE MONEY FROM THE AUCTION. CAN'T BLAME THEM TOO MUCH THOUGH, THEY HAVEN'T BEEN ABLE TO DO MUCH OF ANYTHING GOOD FOR THE COUNTRY LATELY, SO GETTING A $100 BILLION WIN IN SELLING THE SPECTRUM WE USE IS BETTER THAN MOST OF WHAT THEY HAVE DONE.
BUT NOW IS THE TIME TO MAKE SOME NOISE AND RING SOME PHONES IN CONGRESS...
TODAY, MARCH 25TH
DIRECT ACTION ALERT FOR LPTV & TV TRANSLATOR LICENSEES
The House Subcommittee on Energy and Commerce, which was one of the key authors of the 2012 Incentive Spectrum Auction legislation prohibiting LPTV from the auction, and making us pay for our own channel moves, and now forcing us into a post-auction scramble for channels, is having a hearing this week with FCC auction officials.
Thursday, March 26, 2015, at 10:15 a.m. in 2322 Rayburn House Office Building, the Subcommittee on Communications and Technology will hold a hearing entitled
"Next Steps for Spectrum Policy." The purpose of this hearing is to examine the state of the Federal Communications Commission's (FCC) preparations for its planned 2016 broadcast incentive auction, Commission work to expand and improve the use of the 5 GHz band for unlicensed services, and future plans for expanding access to spectrum resources.
THEY SAID TO CALL SO
CALL THE HOUSE SUBCOMMITTEE LEGAL COUNSEL
David Redl or Kelsey Guyselman
TELL THEM TO
PROTECT LPTV IN THE REPACK!
IF YOU ARE A CITIZEN IN ANY OF THESE COMMITTEE MEMBERS CONGRESSIONAL DISTRICTS, GIVE THEIR STAFF A CALL AND
TELL THEM YOUR LPTV STORY. REQUEST THAT YOUR REPRESENTATIVE
ASK ABOUT LPTV IN TOMORROW'S HEARING
WITH THE FCC AUCTION STAFF
Greg Walden (OR), Chairman
Bob Latta (OH), Vice Chairman
John Shimkus (IL)
Marsha Blackburn (TN)
Steve Scalise (LA)
Leonard Lance (NJ)
Brett Guthrie (KY)
Pete Olson (TX)
Mike Pompeo (KS)
Adam Kinzinger (IL)
Gus Bilirakis (FL)
Bill Johnson (OH)
Billy Long (MO)
Renee Ellmers (NC)
Chris Collins (NY)
Kevin Cramer (ND)
Joe Barton (TX)
Fred Upton (MI) (Ex Officio)
Anna G. Eshoo (CA), Ranking Member
Michael F. Doyle (PA)
Peter Welch (VT)
John Yarmuth (KY)
Yvette D. Clarke (NY)
David Loebsack (IA)
Bobby L. Rush (IL)
Diana DeGette (CO)
G. K. Butterfield (NC)
Doris O. Matsui (CA)
Jerry McNerney (CA)
Ben Ray Lujan (NM)
Frank Pallone, Jr. (NJ) (Ex Officio)
EXTENDED DEADLINE FOR ADVERTISING FOR INCLUSION
IN NAB SHOW PRINT EDITION IS FRIDAY MARCH 27TH!!!
FIGHTING FOR CLASS-A STATUS
15 YEARS AND COUNTING
(paraphrased from a legal source familiar with this case)
The FCC released last week its brief in the Beach TV appeal of denial of Class-A status.
Beach TV filed a Class A certification form in 2000 but did not check any of the boxes indicating compliance with Class-A obligations. They left the questions blank, and has now led to a 15+ year fight with the FCC, and the courts.
The FCC takes the position that even though the Class-A statute allows the agency to make a "public interest" finding that a station should get Class-A status, that discretion is confined to the situation where a station filed a Class A certification by January 28, 2000, that included sufficient documentation of compliance with Class A operating requirements.
The FCC further says that the deadline was statutory and thus not able to be waived. This means that no curative amendments were not allowed except to clarify, rather than to supplement, the original certification.
In other words, the FCC is firm that no station that was not in existence in 1999 can ever be upgraded to Class-A.
We should take a broader view of the FCC's discretion under the statute. But the FCC is digging in its heels and has fleshed out its position in this brief. Beach TV filed a Class-A certification form in 2000 but did not check any of the boxes indicating compliance with Class-A obligations. They left the questions blank.
The FCC takes the position that even though the Class-A statute allows the agency to make a "public interest" finding that a station should get Class-A status, that discretion is confined to the situation where a station filed a Class A certification by January 28, 2000, that included sufficient documentation of compliance with Class-A operating requirements. The FCC further says that the deadline was statutory and thus not waivable, so curative amendments were not allowed except to clarify rather than to supplement the original certification. In other words, the FCC is firm that no station that was not in existence in 1999 can ever be upgraded to Class-A.
We of course take a broader view of the FCC's discretion under the statute. But the FCC is digging in its heels and has fleshed out its position in this brief.
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DA 15-356 Released: March 19, 2015 COMMISSION ANNOUNCES THAT PETITIONS FOR RULEMAKING MAY BE SUBMITTED ONLINE
The Federal Communications Commission today announces the availability of an online-filing module for Petitions for Rulemaking that previously could be filed only on paper. To the extent a petition for rulemaking applies to an already-open docket, it may be submitted electronically in that docket just as it would have been possible before. READ MORE (PDF)
AMENDMENT TO THE COMMISSION'S RULES CONCERNING EFFECTIVE COMPETITION; IMPLEMENTATION OF SECTION 111 OF THE STELA REAUTHORIZATION ACT. Seek comment on how we should improve the effective competition process. Comments due 20 days after Federal Register publication, Replies due 30 days after Federal Register publication.
(Dkt No. 15-53 ). Action by: the Commission. Adopted: 03/16/2015 by NPRM.
FCC SEEKS NOMINATIONS FOR TRIBAL OFFICIAL TO SERVE ON THE INTERGOVERNMENTAL ADVISORY COMMITTEE.
(DA No. 15-312) Nominations Due: April 10, 2015. CGB
Gregory Vadas at (202) 418-1798, email: Gregory.Vadas@fcc.gov or
Steve Klitzman at (202) 418-1763, email: Steve.Klitzman@fcc.gov,
The mission of the IAC is to make recommendations to the Commission on the many communications issues affecting local, state and Tribal governments that are within the jurisdiction of the Commission. These issues range from major Commission policy priorities such as implementation of expanded broadband adoption and deployment, especially in unserved and underserved rural areas and
Tribal lands, to improved public safety communications, facilities siting, universal service reform, and public rights-of-way.
INCENTIVE AUCTION TASK FORCE INFO SESSION
IN MID-WEST AND LAS VEGAS
Locations and Dates
March 30, 2015: Cincinnati, OH
March 31, 2015: Columbus, OH
April 1, 2015: Cleveland, OH
April 6, 2015: Louisville, KY
April 7, 2015: Indianapolis, IN
April 13-14, 2015: Las Vegas, NV (in conjunction with the NAB Show. General session to be held April 14, 12:45 pm to 2:00 pm)
FCC announces March 26th Open Meeting Agenda which includes STELA.
Market Modification: The Commission will consider a Notice of Proposed Rulemaking to implement Section 102 of the STELA Reauthorization Act of 2014, which directs the Commission to adopt rules that permit the modification of a commercial television broadcast station's local television market for purposes of satellite carriage rights, including the promotion of consumers' access to television broadcast station signals that originate in their State of residence
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