WASHINGTON DC — On October 24, 2014, in an official FCC blog posting by Gary Epstein, chair of the organization’s Incentive Auction Task Force (the group coordinating the commission’s next frequency spectrum auction, including the 600 MHz band), he indicated that the sale, slated for mid-2015, would be delayed until at least early 2016.
Clearly, this is a result of uncertainty arising out of legal challenges by the NAB and certain of its broadcaster members. “Earlier this week, the court issued a briefing schedule in which the final briefs are not due until late January 2015,” Epstein noted. “Oral arguments will follow at a later date yet to be determined, with a decision not likely until mid-2015. Given the reality of that schedule, the complexity of designing and implementing the auction, and the need for all auction participants to have certainty well in advance of the auction, we now anticipate accepting applications for the auction in the fall of 2015 and starting the auction in early 2016. Despite this brief delay, we remain focused on the path to successfully implementing the incentive auction.”
A primary issue here is the FCC’s call for a “reverse auction,” where the FCC would first have to negotiate buybacks of licensed frequencies currently held by UHF television stations operating in the channel 36 through 51 range. This could be accomplished by some combination of cash and/or possibly stations receiving a new reallocated frequency or a shared frequency.
A response to the recent FCC comments came quickly from the NAB. “We reject suggestions that our narrowly focused lawsuit is cause for delay,” noted NAB’s executive VP of communications Dennis Wharton. “As NAB has said repeatedly, it is more important to get the auction done right than right now. Given its complexity, there is good reason Congress gave the FCC 10 years to complete the proceeding. We look forward to a speedy resolution of our legal challenge and a successful auction that preserves access to free and local TV for every American.”
In the meantime, while the FCC and NAB slug it out in the courts, there might be a least of bit of good news on the pro audio wireless front, based on the Commission’s adoption of the Report and Order from May of this year. This clearly makes the point that the FCC has listened to the needs of the pro audio community — unlike the 700 MHz selloff, where pro users were left out if the spectrum. “Of particular note, the Commission has followed through on commitments made in the Report and Order,” notes Epstein, “and initiated rule-makings to address the operations of important services affected by the incentive auction, including unlicensed white spaces devices, wireless microphones and Low Power Television.”
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