Spectrum Crisis Claims Are ‘Factually Revisionist,’ Broadcasters Say

"The ’spectrum crisis’ is factually revisionist,” Onyeije wrote. Spectrum reuse has been 60 times “more effective” at increasing data capacity over the past 45 years than reassigning frequencies, he wrote. Onyeije cited research by Martin Cooper, who helped start a company called ArrayComm that contends it improves wireless efficiency. “If numerous alternatives exist, is there really a spectrum crisis? The answer is self-evident,” Onyeije wrote. “Network density is a key benefit touted by AT&T concerning its proposed acquisition of T-Mobile,” he said: “Public policy is not served by reallocating hundreds of megahertz of spectrum to make it cheaper and easier for wireless carriers to preserve high profit margins, rather than make additional” network investments.

Remarks on spectrum by FCC Chairman Julius Genachowski at the NAB show in Las Vegas (CD April 13 p5) and his private meeting with broadcasters notwithstanding, state groups said they have “very serious misgivings about the approach being taken by the Commission.” Choosing to reclaim TV spectrum didn’t come from an independent audit of airwaves, said the Named State Broadcasters Associations. They asked the agency to hold off on the proceeding, to have several stations share one 6 MHz channel and change the channels of others. It shouldn’t be restarted until “a legally binding commitment to the effect that no television station will be caused to suffer any adverse monetary or non-monetary effect, condition or consequence as a result of choosing not to turn in all or a portion of its spectrum via auction or otherwise” is made by the FCC, the state groups said.

The wireless industry has offered compelling evidence of a clear need for additional spectrum for unlicensed and licensed mobile broadband services,” CEA countered. It noted that some broadcasters continue to oppose the proposed repurposing. “This reluctance seems to be based on a misapprehension that the Commission’s proposed reallocation will not leave sufficient spectrum to satisfy broadcast needs,” the group said. “CEA believes these commenters are misinformed and have not rebutted the valid public interest rationale expressed by the Commission and the other commenters concerning the Notice proposals.” CEA said there’s widespread agreement among commenters that the agency shouldn’t impose regulations on indoor antennas.

The proposals outlined by the commission in the TV spectrum innovation rulemaking notice offer a “win-win” for “broadcasters, consumers, and the wireless industry,” CTIA said. “CTIA encourages the Commission to adopt these proposals and reject calls by certain members of the broadcast industry to inhibit broadcaster flexibility and undermine the incentive auction process.” CTIA pointed to multiple examples of why wireless is growing so quickly. “Even when confronted with staggering data regarding mobile spectrum demand, certain commenters suggest that the spectrum crunch does not exist,” the group said. “The Commission should reject … calls to delay the allocation of additional spectrum and exacerbate the growing spectrum shortage."

AT&T said most commenters support the FCC’s proposals for putting broadcast spectrum to higher use. “While some broadcast industry commenters raised concerns about the Notice, these objections seem to misunderstand the nature of the Commission’s proposals or are otherwise based on factually or legally flawed premises,” the carrier said. Some commenters question whether wireless carriers really need 120 MHz of broadcast spectrum, it noted: “The need for substantial infusions of additional mobile broadband spectrum is clear, and it grows more pressing each day."

An “incongruence” of opinions on whether TV stations fully use the spectrum they're assigned is “supported by little evidence on either side” showing the need for the FCC to get better data, the Campaign Legal Center, National Hispanic Media Coalition, National Organization for Women Foundation and others said jointly in a filing. Form 355, approved by the commission but not yet implemented, would require TV stations to list the number of hours and type of programming they broadcast, the groups said. “Armed with this information, the Commission will be able to determine whether or not broadcasters are using their digital channels and if they are airing programming responsive to the public.” The NCTA asked the commission to not expand, via channel sharing, the rights of TV stations to demand carriage on cable systems. Full-power broadcasters get those rights now for their primary signal, when they give up the right to be paid for distribution.

In other comments, the National Public Safety Telecommunications Council reiterated public safety’s concerns about parts of the TV band used for first-responder communications in many areas. The FCC’s proposal “recognizes” public safety’s use of the 470-512 MHz band, TV channels 14-20, “but gives short-shrift to any recognition of the impact of the proposal to these operations,” NPSTC said. “Absolutely no time is spent in the NPRM addressing the impact this proposal would impose on public safety and land mobile users who rely on systems in the 470-512 MHz band in eleven major market areas of the country for critical communications. There is no mention of the significant increase in interference this could cause. There is no reference to the increased risk of security breaches that could occur.”