NAB: OET-69 Changes Violate Spectrum Act

The National Association of Broadcasters filed comments to the FCC Thursday claiming proposed changes to OET-69 software (TVStudy) used to calculate TV station coverage areas would violate the Spectrum Act and reduce the coverage of several TV stations across the country.

“And even if the TVStudy software’s numerous defects could be rectified, the timing of the proposed changes — on the cusp of the incentive auction, yet before the auction’s procedures have been determined — is the height of arbitrary and capricious agency action,” NAB said.

The NAB hired attorney Miguel Estrada of Gibson, Dunn & Crutcher LLP to help fight the proposed change. President George W. Bush nominated Estrada in 2001 to the United States Court of Appeals for the D.C. Circuit.

In its comments, the NAB asked the FCC and its Office of Engineering and Technology to wait on any changes until after the pending spectrum auction. Additionally, NAB made four arguments against a proposed change to OET-69, which is used to evaluate DTV coverage and interference:

• The NAB says the proposed changed alters the methodology of OET-69 and violates Section 6403(b)(2) of the Spectrum Act, which says the commission is responsible to “preserve, as of the date of the enactment of this act, the coverage area and population served of each broadcast television licensee, as determined using the methodology described in OET Bulletin 69 of the Office of Engineering and Technology.”

• Additionally, the association argues that the FCC must preserve coverage areas and interference as they were calculated on Feb. 22, 2012. They also say the TVStudy would increase full power licensees’ predicted interference because it would extend OET-69 to include interference from low power stations and translators.

• The NAB argues that any changes to OET-69 must be done at the commission level, following a notice of inquiry and public comment.

• Finally, the NAB says the proposed change would increase costs and “create widespread uncertainty in the middle of a complex and congressionally-mandated proceeding, without any countervailing benefits.”

The NAB has lobbied the FCC to delay the spectrum auction, which is tentatively scheduled for 2014, calling it overly complex.

“There is simply no reason to compound these difficulties by simultaneously overhauling OET-69, which Congress and the FCC previously have stated is the controlling standard.”