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LPTV NEWS - WED. - NOV. 25, 2015
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FCC PROCESS CORRECTION
AN IMPORTANT UPDATE FROM THE FCC REGARDING MARCH 29TH
"...we have set March 29, 2016 as the deadline for auction-eligible stations to indicate their acceptance of their opening bid prices. Those acceptances will then enable the Commission to produce an initial clearing target and band plan. While that clearing target will provide some information about the scale of broadcaster participation in the auction, we will know anticipated displacements on a market by market basis only when the auction closes."
FCC Media Bureau Chief William Lake
Nov. 23, 2015 email to Coalition
SO WHAT DOES THIS MEAN?
Last week, when we reported on the Incentive Auction process, we erred in saying that the auction band plan would be know in late January 2016. From what the FCC now says, auction eligible stations have all the way to March 29th to accept the opening bid prices. This means the band plan will not be announced until well into April, hopefully the time of the NAB Show. So, LPTV and TV translator licensees and permittees will have to wait until April to know first 80% of the damage, with the final 20% not being able to be known until the auction is over.
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NEW CONSTRUCTION PERMITS ISSUED
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FCC CHAIRMAN'S FORM LPTV & TRANSLATOR LETTER
FOR CONGRESS
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TECHNICAL RESEARCH
WHO MAY GIVE
INTERFERENCE?
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AUCTION ELIGIBLE CLASS-A INFO
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WHY NOT LET LPTV AND TRANSLATOR USE THE 11 MHZ IN THE DUPLEX GAP?
COALITION COMMENTARY
The "duplex gap" between the up and down LTE blocks will most likely not be used at all by the FCC except only in one band plan scenario, and may as they say only affect about 6 markets. The primary full power stations do not want to be repacked there, and NAB is raising a ruckus about it. But there are 11 band plans, and only in the 84 MHz clearing (51-38) might the duplex gap be needed. But what about any of the other plans? Could say, LPTV and translators use the duplex gap if there is not enough spectrum to relocate to in your market? And when you consider that in many markets you already find 2, 3, and up to 8 stations using the same RF channel, since they are geographically spread out. The duplex gap is 11 MHz wide, so there is plenty of room no matter how it is done.
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AUCTION ELIGIBLE STATIONS
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PBS AFFILIATES THINKING ABOUT THE CASH
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FINANCIAL MANAGERS WAKE UP TO AUCTION REALITY
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UNEVEN TREATMENT
"The FCC has yet to follow through on plans to fine companies more than $100 million over the past two years, according to a POLITICO review of agency records. The largest amount of uncollected cash comes from almost $100 million in proposed fines against Lifeline providers in 2013, and a $35 million signal-jamming case in 2014. The FCC says its consumer protection efforts often bear fruit even before a fine is officially imposed, but lawmakers have questioned whether the agency is just out to make headlines."
COALITION COMMENTARY
Over the past few years many Class A and LPTV stations have had to pay fines, big fines, for failures to file proper forms. So now we hear that over $100 million is out there in uncollected fines from other divisions, well some businesses are being let off easy, real easy.
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THE BASIS OF A LONG STANDING FCC LEGAL ACTION
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TOUGH TALK FROM FREE STATE FOUNDATION
"On the second day of this now nearly gone year, I published an essay, "
A Question for 2015: Is the FCC Unlawful?
" In it, I stated that "there are reasons why this year will be a propitious time to examine - even more intensely than in the past - the FCC and its actions through just such a lawfulness frame of reference."
Sadly, upon examination, the tendencies of the Obama administration's Federal Communications Commission (FCC) to exercise power in a lawless manner have become more manifest as the year has progressed.
The long and short of it is that, this year, the agency increasingly has arrogated to itself the power to impose sanctions upon those it regulates for actions the regulated parties could not have known in advance to be unlawful. This conduct ignores fundamental rule of law and due process norms because the agency is asserting authority to penalize regulated parties without adopting, in advance, knowable, predictable rules."
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Our work here in DC on behalf of the LPTV and TV translator industry can only happen if we are supported by licensees, permittees, vendors, networks, and service providers. You all will be affected by the 2016 Incentive Auction and subsequent repacking from 2017-2020. So think about supporting our work to keep this industry organized and ready to take advantage of the future opportunities.
The 2016 Incentive Auction is happening, and it is time to plan for what is coming in the repack.
Mike Gravino
Director
LPTV Spectrum Rights Coalition
(202) 604-0747
lptvcoalition@gmail.com
http://www.lptvcoalition.com
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