Tomorrow, the Federal Communications Commission (FCC) will publish comment deadlines for its recently-released Notice of Proposed Rulemaking that begins the process of reviewing its policies regarding the allocation of mobile spectrum.   The full text of the Notice of Proposed Rulemaking is available here.  While the simultaneous adoption of proposed rules for an incentive auction of broadcast television spectrum arguably has attracted greater attention, this review of broader spectrum policy will have an important bearing on all future spectrum auctions and wireless transactions.

The FCC last reviewed its mobile spectrum holdings policies more than a decade ago, before the recent explosion of smartphones and tablets and the bandwidth-intensive services used on those devices by millions of Americans.  By assessing its rules now, the FCC hopes to provide clear and predictable “rules of the road” for this and other future auctions. Comments are due November 23, 2012, and reply comments are due December 24, 2012.

Continue Reading SpectrumWatch: FCC Initiates Review of Mobile Spectrum Holdings Policies

Yesterday, the Federal Communications Commission (FCC) released the full text of its widely-anticipated proposed rules for an incentive auction of television spectrum and broadcast “repacking” process that will accompany the auction.  (The FCC had voted to adopt these proposed rules on Friday, but had not released the text until yesterday.)  The proposed rules address three principal issues: (1) the reverse auction, whereby broadcasters would voluntarily agree to return all or a portion of their spectrum in exchange for a share of proceeds from the forward auction; (2) the forward auction, wherein wireless carriers bid on the freed-up broadcast spectrum; and (3) the (involuntary) repacking of broadcast spectrum to into a smaller television band.

Of important note, the FCC anticipates a relatively fast-moving process that aims to hold the incentive auction in 2014, with the repacking following thereafter. This goal means that the FCC would have to adopt incentive auction rules by the middle of 2013.  Comments in response to the NPRM are due December 21, 2012 and reply comments are due February 19, 2012.

Continue Reading SpectrumWatch: FCC Initiates Incentive Auction Rulemaking

Welcome to the first post in our SpectrumWatch series, which will provide updates on developments in spectrum policy and regulation.

Earlier this year Congress passed legislation authorizing the FCC to create the first-of-its-kind incentive auction, in which TV broadcasters may bid on compensation to give up spectral license rights for auction to mobile wireless carriers.  The incentive auction and its outcome have important stakes for broadcasters ― both those who volunteer to sell their spectrum rights at auction and those who are “repacked” to a new channel assignment ― as well as wireless carriers, who are depending upon the auction to make additional spectrum available for 4G networks.

Throughout the summer the FCC has been working hard to develop proposals for the rules that will govern the auction, which by all accounts will be the most complex spectrum auction since the FCC first gained auction authority in 1993.  We expect the FCC to release those proposals and solicit comment on them as early as next month.

By way of background, the incentive auction legislation directs the FCC to create two auction processes.  First, broadcasters may bid in a “reverse” auction on the compensation they would be willing to accept to relinquish spectrum rights.  Broadcasters may offer to relinquish all of their spectrum rights on a channel, relinquish some spectrum rights and channel share, or move from UHF to VHF (which has inferior propagation characteristics for digital television).  Second, mobile broadband service providers bid in a “forward” auction to buy the newly-available licenses.

The legislation also authorizes the FCC to engage in a one-time “repacking” of the television spectrum band.  The FCC’s repacking authority is subject to protections intended to ensure that broadcasters who do not participate in the auction can continue to provide free over-the-air service to their communities.  In addition, Congress established a $1.75 billion fund to cover repacking relocation costs for broadcasters.

The FCC currently is preparing to take important steps to bring the incentive auction to life.  It has already formed the Incentive Auction Task Force.    The issues to be tackled in the proposed rules are some of the most complex in spectrum history — for example, the sequencing and matching up of ‘reverse’ bids by broadcasters with ‘forward’ bids by wireless carriers potentially creates a challenging “chicken-and-egg” problem that will require innovative solutions.  We understand that the FCC has been hard at work throughout the summer in developing proposals to that end, which as noted will be unveiled as early as September.  Once those rules are released, a host of interested stakeholders will weigh in with their comments — leading, all parties hope, to an incentive auction that serves the interests of broadcasters, wireless carriers, and the public at large.  We will continue to update you on the incentive auction process as it develops.

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. 

Continue Reading Spectrum Watch: UK Completes Digital Television Transition, With Plans to Auction Freed Up Spectrum for 4G Services Within a Year