LPTV Industry Updates
Wednesday - 11/12/14
Some major developments occurred today related to the Incentive Spectrum Auction process, and we thought it might be useful for you to have them for review:
NAB & SINCLAIR BROADCASTING COURT OF APPEALS CASE
A 101-page Opening Brief was filed last week and made available today about the NAB & Sinclair Broadcasting Court of Appeals case against parts of the Incentive Spectrum Auction process.  Here it is for your downloading and reading.

ION MEDIA IS NOT CONVINCED
Ion Media's CEO Brandon Burgess takes a deep dive into who his company might or might not want to participate in the auction, or that how they are planning for the auction not even happening at all.  Very enlightening take on reality from one of the major spectrum holders the FCC is counting on for participation and success in the auction process.   Ion Media CEO Brandon Burgess

FCC AUCTION TASK FORCE BEGINS BRIEFING BROADCASTERS, AGAIN
Here they go again, trying to convince broadcasters that they should take a "once in a lifetime offer" for their spectrum.  Today, Thursday, in NYC at the 2014 Wells Fargo Securities Technology, Media & Telecom Conference, there will be a presentation.  To listen in on the audio call at 8:00 am eastern, go here:  

Still no word on that long promised LPTV LEARN event.

IS THIS AUCTION PROCESS EVEN LEGAL?
I don't know, maybe we in the LPTV industry are desperate to find a way to stop the auction, be compensated for moving channels, or be included in it.  But this came across the net today from a sharp legal mind in our business with his own LPTV license interests at risk.  Ready, here we go...

47 US code 309 (j) (7) states as follows:

(7) Consideration of revenues in public interest determinations

(A) Consideration prohibited
In making a decision pursuant to section  303 (c) of this title to assign a band of frequencies to a use for which licenses or permits will be issued pursuant to this subsection, and in prescribing regulations pursuant to paragraph (4)(C) of this subsection, the Commission may not base a finding of public interest, convenience, and necessity on the expectation of Federal revenues from the use of a system of competitive bidding under this subsection.

(B) Consideration limited
In prescribing regulations pursuant to paragraph (4)(A) of this subsection, the Commission may not base a finding of public interest, convenience, and necessity solely or predominantly on the expectation of Federal revenues from the use of a system of competitive bidding under this subsection.

(C) Consideration of demand for spectrum not affected
Nothing in this paragraph shall be construed to prevent the Commission from continuing to consider consumer demand for spectrum-based services.

NOTE:  So, unless there is language that supersedes this restriction in the statutes creating the incentive auction the FCC seems to be treading on thin ice by trying to drum up interest in the incentive auction.  Think different?  Let us know your opinion... Contact Us


TVBR HAS AN OPINION ABOUT WHAT IS HAPPENING TO LPTV
After reading yesterday about our rant about the requests of data from the FCC which have gone unanswered, long-time TV journalist Dave Seyler of TVBR had a few comments of his own.  TVBR Comments

ALLIANCE GOES TO EUROPE TO SHARE THE LPTV STORY
Louis Libin, Executive Director of the  Advanced Television Broadcasting Alliance addressed the ITU WPA-6 Terrestrial Broadcasting Delivery Conference at the International Telecommunications Union in Geneva Switzerland today. Libin presented a document titled "MITIGATING THE IMPACTS OF MAJOR SPECTRUM REASSIGNMENTS ON LPTV AND TV TRANSLATOR STATIONS." More on his trip across the pond when we get it in.  FYI - the Coalition website gets a lot of hits from Europe, Asia, South America, Mexico, and Canada.  There is indeed worldwide interest in the incentive spectrum auction, so we will be interested to hear what Louis finds out.

LUKEN NETWORKS AND MAKO COMMUNICATIONS SIGN AFFILIATION
A major multi-station and multi-network affiliation agreement was signed last week between Luken, the largest LPTV programming channel provider, and Mako, the major market LPTV station group.  The deal encompasses Mako stations in 23 markets, including seven in the top 10 designated market areas (DMAs). The new affiliates will be distributed between Luken's Retro TV and Rev'n networks with a scheduled launch of December 1, 2014.  Major Affiliation Deal


There will be a lot of changes coming soon to the LPTV industry, and we are excited about the possibilities.  But we need your participation and support now so that we can keep active in all of the various Proceedings, Rulemakings, research, and events.  
Join Us Today!  

Mike Gravino, Director
LPTV Spectrum Rights Coalition
lptvcoalition@gmail.com
202-604-0747