Official FCC Blog

The Commission's proposal to invite voluntary participation by TV broadcasters in a spectrum exchange is an opportunity knocking at their door. Broadcasters who are strapped for capital may find that answering that knock will be just what they need to kick their performance up to the next level.

Many — though not all — broadcasters find themselves today to be capital constrained as they contemplate taking advantage of the many potential benefits of the DTV transition. Whether they seek to develop new digital content, expand their new media platforms, or exploit new technologies that enable transmission of two HDTV streams on a 6 MHz channel, these broadcasters may find that they are "spectrum poor" — their scarcest resource is not spectrum but the capital needed to make those improvements. To help broadcasters be all that they can be, ways need to be found to help them get that capital.

A voluntary spectrum exchange offers these broadcasters a chance to get the needed capital infusion to make the investments that will position them to serve their communities even better going forward. The Commission has yet to work out the details of such a voluntary program, and broadcasters' input to that process will be key. But a broadcaster is likely to have the option of contributing half of a 6 MHz channel and sharing spectrum with another station that has done the same, or — Congress willing — to contribute a 6 MHz channel to an incentive auction in which the broadcaster will share in the auction proceeds. Either way, a broadcaster will be able to use the capital thus generated to jump to an improved business model in its continued broadcast activities, making it a stronger contender in the multimedia ecosystem that is evolving daily. Innovative spectrum-sharing arrangements should create new opportunities for minority and niche broadcasters to prosper

This week the FCC announced that a public forum will be held on May 12, 2010, from 10:00 am to 1:00 pm to discuss potential enhancements to the Spectrum Dashboard [9]in anticipation of release 2.0 of the Spectrum Dashboard [10]in the fourth quarter of 2010.

Anyone interested in providing feedback on the list of potential enhancements below, suggesting additional potential enhancements, or participating at the forum by sharing your experiences with using the Spectrum Dashboard should contact me by April 30, 2010 at James.Brown at FCC dot gov or (717) 338-2621.  Final details of the forum will be announced approximately one week before the forum on this blog and in a public notice.

Potential Enhancements to the Spectrum Dashboard

Enhance license information:

• Add spectrum leases, including the common name for lessees.
• Modify how cellular licenses are depicted in the Spectrum Dashboard by cutting off Service Area Boundaries (SABs) at the Cellular Market Area (CMA) boundaries.
• Update broadcast data to include more current information for full power TV stations and to add data for low power TV stations.

Add search capabilities:

• Identify spectrum licensed on federally-recognized Tribal Lands.
• Add additional types of licenses that can be searched and add additional search options.
• Expand the range of spectrum bands where information is available (currently the Spectrum Dashboard encompasses 225 MHz – 3700 MHz).

Improve search results:

I’m pleased to report that the FCC has begun two formal proceedings on ways to reform its procedures. 

The first Notice of Proposed Rulemaking [21]proposes rule changes to make the Commission’s decision-making processes more open, transparent, fair, and effective.  The major proposals in the Ex Parte NPRM include:

• Requiring the public filing of a summary of every oral ex parte presentation
• Requiring the filing of a notice that summarizes all data and arguments presented and allowing cross-references to earlier filings where appropriate 
• Establishing a preference for electronic filing of all notices of ex parte presentations 
• Requiring faster electronic filing (within four hours) of notices of permitted ex parte presentations made during the “Sunshine Period,” which typically begins a week before a public Commission Meeting, for those items on the Meeting agenda
• Starting the Sunshine Period prohibition on ex parte presentations at midnight after a Sunshine notice has issued to enhance predictability.

The Commission is asking for public comment on all these proposals.  In addition, the Commission is seeking comment on other topics, such as revisiting our current exceptions to the Sunshine Period prohibition on ex parte presentations, requiring disclosure of ownership or other information about organizations making filings at the Commission, sanctions and enforcement for violations of the ex parte rules, and how the ex parte rules should apply in the context of new media, such as this blog.

Broadcast stations with five or more full-time employees, and multichannel video programming distributors (MVPDs), including cable and satellite TV companies, with six or more full-time employees, are required by FCC rules to maintain an EEO recruitment program. They must also create a report each year providing information about the program and place it in their public files. Requirements for EEO public file reports are outlined in the EEO rules for broadcast stations (Section 73.2080(c)(6)) and MVPDs (Section 76.1702(b)). Those stations and MVPDs that have websites are also required to post the current year's EEO public file report on their websites. Failure to create the report with all required information, to place it in the public file, or to post it to the station's or MVPD's website are violations of our rules and may result in enforcement action. The Commission has issued forfeitures for these violations in the past. All forfeitures released by the Commission for violations of EEO rules, as well as all EEO regulations and other EEO information, may be viewed on the EEO page on the FCC website [26]. In addition, if you have questions about the FCC's EEO rules, please contact the Media Bureau's EEO Staff, at (202) 418-1450.