This week the United Kingdom completed its five-year transition from analog to digital broadcast television operations.  The switch to digital has allowed broadcasters in the UK to offer more channels and high-definition television services to the public.  In addition, the transition freed up spectrum that the UK government will auction for fourth generation (4G) mobile broadband services in the upcoming year. 

Full-power television broadcasters in the United States completed the transition from digital to analog operations in June 2009, and all low-power television stations are required to make the switch by September 1, 2015.  As in the UK, the US Federal Communications Commission (FCC) auctioned much of the spectrum reclaimed as a result of the digital television transition — known as the “700 MHz” spectrum — to wireless carriers for mobile broadband.  Other 700 MHz spectrum also was set aside spectrum for public safety services, including for a nationwide interoperable broadband network; earlier this year Congress set aside funding from future spectrum auctions to build that network.  

Less than five years later, the FCC is looking to reclaim even more spectrum from television broadcasters.  As we have blogged about here, here, and here, the FCC has initiated a proceeding to hold a first-of-its-kind incentive auction made up of three parts: (1) a reverse auction, in which broadcasters may bid to sell spectrum rights; (2) a forward auction, in which mobile carriers may bid to purchase spectrum rights; and (3) a repacking process, in which the FCC will reconfigure the remaining broadcast television allotments to take up a smaller portion of the UHF band ― thereby maximizing the amount of spectrum that could be made available in the forward auction.  The FCC has initiated a proceeding to develop rules and procedures for all three of these elements, but a decision is not expected until mid-2013 at the earliest.

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Photo of Lindsey Tonsager Lindsey Tonsager

Lindsey Tonsager helps national and multinational clients in a broad range of industries anticipate and effectively evaluate legal and reputational risks under federal and state data privacy and communications laws.

In addition to assisting clients engage strategically with the Federal Trade Commission, the…

Lindsey Tonsager helps national and multinational clients in a broad range of industries anticipate and effectively evaluate legal and reputational risks under federal and state data privacy and communications laws.

In addition to assisting clients engage strategically with the Federal Trade Commission, the U.S. Congress, and other federal and state regulators on a proactive basis, she has experience helping clients respond to informal investigations and enforcement actions, including by self-regulatory bodies such as the Digital Advertising Alliance and Children’s Advertising Review Unit.

Ms. Tonsager’s practice focuses on helping clients launch new products and services that implicate the laws governing the use of endorsements and testimonials in advertising and social media, the collection of personal information from children and students online, behavioral advertising, e-mail marketing, artificial intelligence the processing of “big data” in the Internet of Things, spectrum policy, online accessibility, compulsory copyright licensing, telecommunications and new technologies.

Ms. Tonsager also conducts privacy and data security diligence in complex corporate transactions and negotiates agreements with third-party service providers to ensure that robust protections are in place to avoid unauthorized access, use, or disclosure of customer data and other types of confidential information. She regularly assists clients in developing clear privacy disclosures and policies―including website and mobile app disclosures, terms of use, and internal social media and privacy-by-design programs.