APTS Pledges Spectrum to FirstNet, Over Some Member Concerns
The member stations of America's Public Television Stations -- changing its name from the Association of Public Television Stations -- voted at an APTS meeting Monday to "commit in principle" to allocating some of their spectrum to first responders as part of FirstNet. The vote to change the organization's name took place at the same summit, along with remarks by NAB CEO Gordon Smith and a panel discussion on the incentive auction by FCC staff. Unlike the name change vote, the vote on committing spectrum to FirstNet received considerable pushback from member station representatives at the event, and in response, the language of that commitment was changed to clarify that it isn't binding. "It was a really good discussion that clarified what we're committing to," said APTS CEO Patrick Butler in an interview.
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APTS needed the commitment from stations to have something to bring to the table in negotiations over FirstNet, Butler told the member stations. First responders need the spectrum to send information and video to each other during emergencies, and it could provide a revenue opportunity for public media stations, Butler said. APTS needs to be able to show it has broad support from public media stations to offer up a specific amount of spectrum, said APTS General Counsel Lonna Thompson. In the face of station questions, she and Butler emphasized that the resolution wasn't a binding contract. "We are not asking you to sign on a dotted line today," Butler said.
Station representatives in the crowd voiced concern that the loss of the spectrum being offered would hurt picture quality. Thompson said that would cease being an issue under ATSC 3.0, which she said is expected to be approved this year. South Carolina Educational Television Network President Linda O'Bryon told us she didn't feel that she had the authority to commit her stations' spectrum without talking with the network's board, a sentiment echoed by several in the crowd. To assuage those concerns, Thompson changed the language of the APTS resolution to make the promise of spectrum a "commitment in principle" and included the word "pledge." Butler said the new wording would be sufficient to show industry commitment. The new wording received no objections. Prior to the vote, Thompson suggested those representatives who didn't feel they had the authority to support the resolution should abstain.
The vote to change the organization's name was unanimous. The new name will distinguish APTS from groups that are purely "lobbying shops," APTS Chairman Eric Hyyppa said. APTS is an "educational membership organization," he said, and distinguishing it from lobbying groups could allow APTS officials to go places where lobbyists are barred, such as the White House under President Barack Obama, Hyyppa said.
The FCC will likely act this year on proposed rules to further open up channel sharing, said Media Bureau Chief Bill Lake. Proposed rules to allow sharing between low-power and full-power TV stations and between full-power stations outside the context of the incentive auction are under consideration, Lake said. The commission couldn't previously act on those rules because there hadn't been a record built up on the proposals, he said. Lake told us he expects the FCC to take action on the sharing proposals before the incentive auction is complete.
A move toward greater efficiencies in the bureau has enabled it to absorb staff reductions, Lake said. The FCC's increased use of a consent agenda and the ongoing transition from current Consolidated Database System to the Licensing Management System will enable the bureau to be even more efficient, he said. Most video-related filings have been moved to the LMS, and the effort to move the audio files is in progress, he said.
The question of whether the $1.75 billion fund for reimbursing broadcasters for costs from the repacking will be sufficient is more appropriately left to Congress rather than the FCC, said Incentive Auction Task Force Vice Chairman Howard Symons. The amount of the reimbursement was specified in the statute that created the auction, he said. "We believe we can work within that number."
That number could be as much as $1 billion short if the incentive auction clears 120 MHz of spectrum, Smith said in a speech earlier Monday. NAB is working "in a bipartisan fashion" with Congress to address the potential reimbursement gap as well as the timeline of the repacking, Smith said. He said the FCC 39-month timeline won't be sufficient if enough spectrum is cleared. He urged local public TV broadcasters to stress to their elected officials the importance of broadcasting. However, Smith said, lobbying Congress will be tough this year because of the presidential election. Advocates should work now to lay the groundwork for legislative action to happen during the lame duck session of Congress, when it is more likely that legislation will go through, he said.