In Interview with Broadcasting & Cable, FCC’s Levin Attempts to Calm Broadcasters’ Fears of Spectrum Grab

Given the controversy that has arisen since the FCC first announced its desire to reclaim broadcast spectrum from over-the-air television broadcasters, it comes as no surprise that the agency’s broadband pointman recently attempted to quell broadcasters’ fears. Blair Levin’s interview with Broadcasting & Cable came roughly two weeks after FCC Chairman Julius Genachowski appointed a controversial Distinguished Scholar in Residence who advocates imposing burdensome regulations on television broadcasters that would imperil their viability.

In his interview, Mr. Levin noted that while “he does not think any of the commission’s plans for spectrum reclamation ‘threatens [sic] the future of over-the-air broadcasting…’, he also [said] that broadcasters [sic] own actions and revenue streams do not support retaining all of their spectrum all of the time.” His statement is likely of little comfort to the organizations threatened by spectrum reallocation considering the expense they incurred in the digital transition and their hopes for revitalization through mobile DTV and multichannel digital broadcasts.

As the FCC originally proposed in October, broadcasters would forego over-the-air high-definition (HD) broadcasts and the spectrum needed to offer additional digital services, instead reverting to a single standard-definition (SD) broadcast channel. In return, the broadcasters would receive a portion of the proceeds garnered from subsequent auctions of the relinquished spectrum.

Until the FCC releases its official plan, which is due to Congress by February 17, 2010, the rhetoric surrounding this issue is likely only to intensify, and I suspect no quantity of interviews and appeasing statements from the Commission will settle broadcasters’ worries.

The idiom, “Actions speak louder than words,” certainly holds true in this controversial debate.

Appointment of Stuart Benjamin as Distinguished Scholar in Residence Reinforces FCC’s Position on Spectrum Reallocation

As the battle over broadcast spectrum reallocation heats up, FCC Chairman Julius Genachowski appointed Stuart Benjamin to be a Distringuished Scholar in Residence, TVNewsCheck reported last Thursday.

Mr. Benjamin’s appointment has already raised concerns among television broadcasters, largely due to a paper he published back in May. Entitled “Roasting the Pig to Burn Down the House: A Modest Proposal,” Mr. Benjamin, a professor at Duke University School of Law, examined current broadcast spectrum policies and concluded that regulation that would make broadcast television unprofitable may be in the best interest of the public considering other uses for the spectrum currently licensed to over-the-air television outlets.

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FCC Prepares for Next Battle Before Current Fight is Settled

Just as the FCC moved its most recent and controversial initiative to the public-comment phase, the agency began what will likely be an even more contentious process to reallocate the nation’s broadcast spectrum. With the goal of providing more spectrum for broadband internet services, the Commission proposed that television broadcasters relinquish a portion of the frequencies they control in exchange for a share of the proceeds the FCC would receive when it auctioned of the spectrum. Considering the expense broadcasters incurred preparing for this past summer’s digital television transition, the organizations were understandably resistant to the proposal. Further complicating the proposal, it is unclear how much spectrum the FCC is seeking.

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FCC Asks Broadcasters for Spectrum Back, But Only After Encouraging Digital Transition

Yesterday’s report that the FCC recently asked broadcasters to return a portion of their spectrum is curious because of its timing. Coming just four months after broadcasters switched to exclusively transmitting a digital signal, the request begs the question, “Why did the FCC wait until after broadcasters had invested in the digital transition?” As TVNewsCheck reported, in exchange for returning two-thirds of the present television broadcast spectrum, current licensees would receive a portion of the auction proceeds collected when the FCC re-licensed the spectrum. If, however, the FCC were truly serious about repurposing the current television spectrum, the Commission’s offer would have come before broadcasters committed to digital broadcasting.

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