No October White Space Vote if FCC Does More Tests
The FCC may not vote in October on whether to let high-technology companies use the so-called white spaces between TV channels for portable broadband devices (CD Sept 14 p1), said Chairman Kevin Martin. Martin would like action next month, but the vote’s timing depends on whether the agency conducts more device tests, he said. A vote could occur on circulation outside the October FCC meeting, he told reporters after speaking at a DTV education workshop. Martin spoke with reporters Tuesday after appearing at a DTV education workshop.
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No date has been set for the October FCC meeting due to commissioners’ schedule conflicts, Martin said. He said at least one commissioner may have to cancel a trip so all five can be in Washington. Other FCC officials confirmed the role of logistics in keeping a time from being set. Martin said he wants a vote on another order, barring exclusive apartment video deals, before the meeting.
Martin didn’t rule out a white spaces vote at the October gathering, but suggested that may be a long shot. Martin said he will rely on agency engineers to help him decide when to circulate an order on white spaces for a commissioner vote. October action would be good, but Martin stressed that timing will be dictated by the need for testing. “I'm not prejudging that until our engineers come back to us and tell us what they need,” he said. If no action occurs next month, a vote may come later this year after more Office of Engineering and Technology studies. “I don’t think there is any way to give you an exact date for when we'll do it,” Martin said of a vote.
Martin expects more testing by the commission, he said, revisiting earlier comments (CD Sept 12 p5). “The commission wants to get through this as soon as possible,” he said, adding that the White Spaces Coalition and broadcasters may want more tests. The coalition, enrolling Google, Intel and Microsoft among others, asked the FCC for more tests after results unveiled March 30 showed devices interfered with reception of digital broadcasts on TV sets.
The coalition thinks tests can be done quickly, without need for further public input, said lawyer Scott Harris, representing the group. The FCC sought comments on the first batch of studies. “Given everything that is now in the record, it seems to me there is no reason why, even with additional testing, the commission could not finish the process by the end of the year,” he said. “We certainly hope they would do that.” Recent coalition tests found unlicensed devices didn’t cause interference. “We think it makes sense for the commission to do another round of testing to satisfy itself that the data we just submitted is accurate.” The FCC hasn’t told the coalition whether it will use two devices each submitted for more testing by Microsoft and Philips for the study, Harris said.
Broadcasters think more tests pointless, but won’t oppose them, said Association for Maximum Service TV President David Donovan. Proposed white spaces electronics won’t work because they use a sensing threshold of -114 db in gauging whether a device is far enough from a DTV broadcast antenna to avoid interference, he said. No matter what threshold is set, sensing systems don’t work because in many instances a device could be within a channel’s coverage area but fail to detect it due to high rises and other obstructions, he said. A better approach would be for Microsoft and other companies to use global positioning systems to determine how far the portable electronics are from TV stations, he said. “But Microsoft doesn’t want to put it in its devices because it’s too expensive,” he added. “The sort of testing you are going to need to make this is not something you can do in a couple of weeks.”
Martin wants quick action on an order barring cable companies, Bells and others from striking deals with apartment buildings and other housing developments to be the sole pay-TV provider. Under an order circulated Aug. 30 by the chairman would ban exclusive deals and nullify existing arrangements (CD Sept 4 p3). Action has lagged on the item, with no votes for or against it as of Tuesday, said an FCC official. But the official said the order seems fairly noncontroversial and probably will get a quick vote once commissioners study the order. Another official said commissioners feel no pressure to take action right away. The official said the order may stir controversy within the FCC. Comcast and other cable operators call such a ban needless, claiming the commission lacks authority to intervene in private contracts. USTelecom and members including Verizon contend such deals can be anticompetitive.
The FCC wants consent decrees from consumer electronics retailers it fined this summer for not labeling analog TVs, said Martin. Seven retailers got notices of apparent liability totaling $3 million for not labeling older sets, even after FCC citations reminded them of the rules. The NALs haven’t been made public because FCC officials are speaking with the retailers about a consent decree, Martin said Tuesday. Such an agreement likely would replace the notices.
Martin told the DTV workshop that the FCC will do what’s needed to ensure a smooth transition. He praised industries starting educational campaigns, promising more FCC workshops. “It’s not too soon to start informing the public about the upcoming transition,” he said. “Facilitating a smooth transition will not be easy.” Martin defended the FCC in regard to a GAO report of confusion at the commission about who is in charge of DTV education. “Congress didn’t provide us with additional resources to have an education campaign,” said Martin, noting that money instead went to the Commerce Department. “Congress decided that this would be something that different responsibilities would be directed to different agencies.”
The agency and NTIA bear responsibility for a “seamless transition,” FCC Commissioner Jonathan Adelstein said. “Its successes and shortcomings will be shared throughout the federal government” but the agencies “have a special role,” he added. Though the GAO says the transition lacks leadership, “I still think we can turn that around,” Adelstein said. The government hasn’t done enough, said Commissioner Michael Copps. “One would think that by now educating the public about the transition would have long since been a major national priority,” he said. “Well, not yet.” The FCC headquarters building is playing a role, with the recent addition of a 15-foot banner across the entrance reading “The digital transition is coming: Are you ready?”
The NAB introduced the first batch in a series of TV spots on the DTV transition. The NBC Agency in Los Angeles produced the spots, given to stations in English and Spanish. Along with the spots, the NAB is sending stations 10 minutes of footage for use in reports on the transition, including interviews with FCC Commissioner Robert McDowell and U.S. Secretary of Commerce Carlos Gutierrez. “Our spots are informational and drive general awareness that the DTV transition is a good thing for consumers, but that they may need to take action to upgrade,” NAB President David Rehr said.