Let the Spectrum Reallocation Games Begin
The F.C.C. has finally handed in its homework. It submitted The National Broadband Plan to Congress yesterday.
Weighing in at 376 pages, The Plan is a treatise asserting that the broadband Internet is becoming the common communications medium of the United States, eventually displacing the telephone and broadcast television.
The Chairman of the F.C.C. called The Plan “a 21st-century roadmap to spur economic growth and investment, create jobs, educate our children, protect our citizens and engage in our democracy.”
He went on to comment that The Plan would be largely paid for by the auctioning of unused or under-utilized wireless spectrum. The Plan calls for reallocation of 120 MHz of broadcast TV spectrum. In other words, The Plan would auction off the equivalent of about 20 television channels of wireless spectrum that are currently occupied by broadcast television companies.
These companies are represented by the National Association of Broadcasters. Here is what NAB Executive Vice President Dennis Wharton had to say about The Plan.
“We were pleased by initial indications from the F.C.C. that any spectrum reallocation would be voluntary, and were therefore prepared to move forward in a constructive fashion on that basis. However, we are concerned by reports today that suggest many aspects of the plan may in fact not be as voluntary as originally promised.”
Back in February I addressed this subject and concluded that the F.C.C. will either have to negotiate with the incumbent broadcasters or seize the spectrum under eminent domain. Apparently the F.C.C. isn’t interested in making a deal, but is instead proposing to seize it. Maybe it’s a tactic to get the broadcasters to negotiate. Time will tell.
The Plan also proposes that broadcasters face the prospect of paying a new government fee for use of spectrum that they currently occupy. This is new: television station owners currently don’t pay an annual fee to the F.C.C.
Understandably, the NAB isn’t happy. “As the nation’s only communications service that is free, local and ubiquitous, we would oppose any attempt to impose onerous new spectrum fees on broadcasters.”
The NAB concluded its comments about The Plan with this:
“We strongly support congressional efforts to conduct an inventory of all available spectrum, and believe that no reallocation plan should move forward without a complete accounting of how the airwaves are allocated, licensed and used.”
In February I commented that spectrum reallocation is going to take a long time and make a lot of lawyers wealthy.
Let the Games Begin.








