FCC Adopts Post-Auction LPTV Protections

The commission's new Third Channel Sharing Report & Order allows channel sharing among LPTV and TV translator stations; extends the deadline for digital transition; and will offer assistance in finding new channels for displaced translator stations.

The FCC has unanimously adopted several measures to help low-power television and TV translator stations to continue serving their viewers following next year’s spectrum incentive auction.

“The commission’s action is designed to preserve the vital services LPTV and TV translator stations provide – particularly in rural areas,” Media Bureau Chief William Lake said. “These steps, along with other actions we have taken, will help ensure the continued availability of these services following the incentive auction.”

The Spectrum Act of 2012 requires the FCC to protect only full-power and Class A TV stations when reorganizing or “repacking” the TV band after the auction. Nonetheless, the FCC said that “recognizing the important role that LPTV and translator stations play in the communities they serve, the commission has already taken several steps to help these stations preserve the important programming content they provide.”

The commission voted in 2014 to give LTPV and TV translator stations that are displaced by the repacking and reallocation of the television bands in the incentive auction first choice of the remaining TV channels via a special filing window. The commission also determined that LPTV and TV translator stations operating on channels allocated for wireless use may remain on those channels until they are notified that a forward-auction winner is within 120 days of commencing operations, extending the stations’ time on those channels for several years.

The new action, the Third Channel Sharing Report & Order, builds on these previous actions by:

  • Permitting Channel-Sharing: The Third Report & Order allows channel sharing among LPTV and TV translator stations.
  • Extending Deadline for Digital Transition: This summer the commission postponed the Sept. 1, 2015, deadline for LPTV and TV translator stations to transition to digital broadcasting so that these stations will not be forced to complete their digital conversion only to find that their newly constructed digital facilities were displaced as a result of the repacking process. The Third Report & Order sets a new digital transition date of 12 months after the 39-month post-incentive auction transition final deadline for full power and Class A stations (51 months after the conclusion of the Incentive Auction).
  • Offering Software Assistance for Finding New Channels: Prior to opening the special displacement window for LPTV and TV translator stations, the Media Bureau will utilize the repacking and optimization software to identify new channels for displaced translator stations.

The Third Report & Order also creates a replacement translator service for full-power stations to replace digital service areas lost as a result of repacking, and sunsets the analog tuner requirement for TV sets on Aug. 31, 2017.

BRAND CONNECTIONS

The commission also adopted a Fourth Notice of Proposed Rulemaking that tentatively concludes to allow channel sharing between primary (full-power and Class A) and secondary (LPTV) stations. The commission had previously proposed in a separate proceeding to allow primary-to-primary sharing outside the incentive auction context. All outstanding issues regarding primary-to-primary and primary-to-secondary channel sharing outside the incentive auction context will be resolved in a single decision based on the combined record developed in both proceedings.


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Ellen Samrock says:

December 18, 2015 at 12:32 pm

This is a big win for LPTV. Because low power television has right of displacement over unlicensed services, the MB is tasked with identifying any and all open channels with which displaced stations can move to and future channel assignments will not be required to protect white spaces. Also, low power stations will be free to channel share with full power and Class A stations which could significantly increase the coverage of many LPTV stations. Plus, the FCC proposes, in time, to open a window in which LPTV stations can apply for Class A status. This should eliminate the “secondary” cloud with which LPTV stations have broadcasting under. So there’s a lot to like in this R&O.

Alex Maragos says:

December 19, 2015 at 12:51 pm

This is the first step in righting a wrong to low power television broadcasters, who, after all, have been granted a license by the FCC. It is a travesty, however, that they will not be allowed to participate financially in the largest transfer of wealth in recent history in the incentive auction. At least LPTV will be allowed to continue broadcasting and serving those rural and urban communities that depend on their programs. With ATSC 3.0 and other developments on the horizon, I am not so sure whether this will be the last word on LPTV. Stay tuned and don’t touch that dial.