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Category Archives: Spectrum

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What to Expect When You’re Expecting (to be repacked)

Posted in Broadcast Regulation, Spectrum
The FCC’s confidential letters to television stations that did not submit successful bids to relinquish their spectrum in the reverse auction could arrive in broadcaster mailboxes any day now.  For some stations, this letter will confirm that it’s business as usual, and that they will continue to operate on the same channel after the auction.… Continue Reading

So Your Station Submitted a Successful Incentive Auction Bid, Now What?

Posted in Broadcast Regulation, Spectrum
Now that television stations can openly discuss the results of their participation in the Incentive Auction, it is an appropriate time for all television stations to assess their market position and think about what comes next.  In this space, we will discuss how stations with various auction outcomes should approach their post-auction transaction.  Today, we… Continue Reading

FCC Seeks Comment on Updated Catalog of Post-Auction Reimbursement Expenses

Posted in Broadcast Regulation, Spectrum
On October 13, 2016, the Federal Communications Commission (FCC)’s Media Bureau released an update to the Catalog of Eligible Expenses (the “Catalog”) that it will use as a guide when processing requests for reimbursement from the TV Broadcaster Relocation Fund.  Comments on the proposed updates are due by November 14, 2016 and reply comments are due… Continue Reading

Join Us for Destination Repack: A Multi Industry Roadmap

Posted in Broadcast Regulation, Broadcast Technology, Spectrum
On October 19, 2016, Wiley Rein’s Telecom, Media & Technology Practice will be partnering with The Association of Federal Communications Consulting Engineers (AFCCE) to host an educational program on the challenges faced by broadcasters post the Federal Communications Commission’s (FCC) Spectrum Auction. Join us to discuss approaches to the post-auction repacking process, including: ◾Repack 101: Defining… Continue Reading

Incentive Auction Update: Onward to Stage 2

Posted in Spectrum
The FCC has declared the end of Stage 1 of the Incentive Auction, with total forward auction revenues of $23.1 billion. According to the Public Reporting System: “Bidding in the forward auction has concluded for Stage 1 without meeting the final stage rule and without meeting the conditions to trigger an extended round. The incentive… Continue Reading

The $88.4 Billion Question – What’s Next in the Incentive Auction?

Posted in Broadcast Regulation, Spectrum
The FCC has announced that the total clearing cost for the reverse auction (the aggregate of provisionally winning bids) is $86,422,558,704. Under the final stage rule, the proceeds from the forward auction (net of bidding credits and impairment discounts) must be sufficient to cover incentive auction costs, which include: (1) the aggregate of broadcaster clearing… Continue Reading

FCC Turns Up Pace of Reverse Auction

Posted in Spectrum
Beginning Monday, June 13, 2016, the FCC will conduct three rounds of the reverse auction per day, up from the current pace of two rounds per day.  Starting with round 17, Rounds will occur from 10:00 am ET – 11:00 am ET, 1:00 pm ET – 2:00 pm ET, and 4:00 pm ET – 5:00 pm… Continue Reading

FCC Provides Further Guidance on Reverse Auction Application Process

Posted in Broadcast Regulation, Spectrum
The FCC has released two additional items to guide broadcasters through the process of applying to participate in the reverse auction. First, the Commission released the Application Instructions that accompany FCC Form 177, the reverse auction application.  You can view screenshots of the application here.   In addition to the application itself, there is also: (1) a… Continue Reading

FCC Postpones Reverse Auction Application Workshop

Posted in Broadcast Regulation, Spectrum
Following up on yesterday’s announcement that the reverse auction application window will be delayed, the FCC is postponing its reverse auction application workshop, originally scheduled for November 17, 2015.  The workshop will now be held on December 8, 2015, from 10:00 AM to 1:00 PM. If you already pre-registered to attend the November 17th workshop,… Continue Reading

FCC Adjusts Reverse Auction Prices; Extends Application Deadline

Posted in Broadcast Regulation, Spectrum
Earlier today, the FCC issued a Public Notice announcing revisions to the coverage area and population served of each television station to be protected in the repacking process. The revisions are the result of changes to the underlying data of five stations:  WNJU, Linden, New Jersey (new geographic location and parameters); KOHD, Bend, Oregon (channel 51 move);… Continue Reading

Understanding What Will Happen on March 29 in the Incentive Auction

Posted in Broadcast Regulation, Spectrum
Updated 8/14/2015:  We have learned that the initial application to participate in the reverse auction will NOT constitute a binding commitment.  This post has been revised to reflect that new information. One of the most common questions that we have received over the past several weeks is what exactly will happen on March 29, 2016.  Several… Continue Reading

Auction Update: Confirm Your Station Coverage and Population Data

Posted in Broadcast Regulation, Spectrum
In a Public Notice released yesterday, the FCC’s Office of Engineering and Technology (OET) announced that the final version of the TVStudy software, which calculates television stations’ coverage areas for use in the Incentive Auction and subsequent repacking, is now available on the Commission’s LEARN website.  OET also released a preliminary table showing the baseline… Continue Reading

D.C. Circuit Upholds FCC Incentive Auction Order, Allowing Auction Process to Continue Forward

Posted in Broadcast Regulation, Spectrum
 Marking a win for the Federal Communications Commission (Commission or FCC) in the latest incentive auction battle, on June 12, 2015, the D.C. Circuit sustained the Commission’s Incentive Auction Order and a related Declaratory Ruling. As we explained before, the Order, adopted on May 15, 2014, sets forth the rules of the upcoming reverse and… Continue Reading

FCC Releases Preliminary List of Auction-Eligible Facilities; Asks Stations to Certify Accuracy of Technical Data By July 9, 2015

Posted in Broadcast Regulation, Spectrum
On June 9, 2015, the Federal Communications Commission (FCC or Commission) issued a Public Notice identifying a preliminary list of 2,202 full power and Class A television stations that are eligible to participate in the Incentive Auction and receive protection in the post-auction repack.  Specifically, the list includes those stations found to be subject to… Continue Reading

The Auction is Coming . . . Make Sure Your Station is Protected

Posted in Broadcast Regulation, Spectrum
As the Federal Communications Commission continues to move toward an Incentive Auction in early 2016, the Commission is reminding full power and Class A television stations that there are certain actions they should take to make sure their facilities are subject to protection in the repacking process or eligible for relinquishment in the auction. All… Continue Reading