Blumenthal, Leahy, Schumer, Wyden, Booker Urge FCC to Exhibit Extreme Caution Regarding Repacking Broadcasters, Consider Harmful Effects on Unlicensed Spectrum & Local News

(Washington, DC) – Today, U.S. Senators Richard Blumenthal (D-Conn.), Patrick Leahy (D-Vt.), Charles E. Schumer (D-N.Y.), Ron Wyden (D-Ore.), and Cory A. Booker (D-N.J.) wrote to U.S. Federal Communications Commission (FCC) Chairman Tom Wheeler, urging the FCC to take extreme precaution as the Commission prepares for the upcoming incentive spectrum auction. In the letter, the Senators requested the FCC ensure that any rules or changes established would not reduce the availability of unlicensed spectrum that benefits millions of Americans and provides immeasurable economic benefit to businesses and consumers. Citing concerns that the FCC is considering relocating broadcasters into the “duplex gap,” the Senators stated that decision could have severely negative effects on consumers, businesses, and the economy.

“Almost every stakeholder in the auction process – broadcasters, public interest groups, and the wireless industry – have raised concerns about the implications of placing full-power broadcasters in the duplex gap. This proposal would deny millions of Americans the innovative promise of unlicensed spectrum and the economic benefit it brings.  Furthermore, it would inhibit live news coverage and emergency communications by leaving local broadcasters in some markets with no reserved spectrum for the wireless microphones that are essential to cover breaking news.”

“As you know, opening up spectrum for unlicensed uses significantly increases the efficiency of all spectrum use and helps to propel leaps forward in technology by providing space to innovate without permission from a commercial license holder...Relocating a full-power broadcaster in the duplex gap would, in effect, remove this spectrum for unlicensed use in that media market and therefore block millions of potential consumers from accessing next-generation unlicensed services.”

“As the FCC considers how best to relocate broadcasters during the incentive auction, it must ensure adequate spectrum is available for unlicensed use on a contiguous nation-wide basis, and that local broadcasters can continue to report the news and serve their local communities without undue disruption.”

Full text of the letter can be found here and below:

Dear Chairman Wheeler:

Last week you testified before the House Energy & Commerce Committee that, “The Incentive Auction will be the most complex in Commission history,” and that while conducting the auction, “the Commission must balance a range of goals that Congress established, goals that are sometimes competing.” We commend your leadership thus far in laying the groundwork for the many rules and policy decisions that are necessary to execute this historic undertaking. However, we write today to express serious concern over an issue that has arisen as the Commission grapples with how to most efficiently repack broadcasters following the auction. To maximize the auction's proceeds, it has been reported you are currently considering relocating broadcasters into the “duplex gap”, which was established to guard against interference and expand the availability of unlicensed spectrum. We urge your extreme caution in pursuing this course.

Almost every stakeholder in the auction process – broadcasters, public interest groups, and the wireless industry – have raised concerns about the implications of placing full-power broadcasters in the duplex gap. This proposal would deny millions of Americans the innovative promise of unlicensed spectrum and the economic benefit it brings.  Furthermore, it would inhibit live news coverage and emergency communications by leaving local broadcasters in some markets with no reserved spectrum for the wireless microphones that are essential to cover breaking news.

In April 2014 you wrote, “Opening up more spectrum for unlicensed use provides economic value to businesses and consumers alike.” We enthusiastically agree. As you know, opening up spectrum for unlicensed uses significantly increases the efficiency of all spectrum use and helps to propel leaps forward in technology by providing space to innovate without permission from a commercial license holder. However, in order to act as this catalyst to innovation, unlicensed spectrum must provide entrepreneurs with the opportunity to take advantage of economies of scale. Relocating a full-power broadcaster in the duplex gap would, in effect, remove this spectrum for unlicensed use in that media market and therefore block millions of potential consumers from accessing next-generation unlicensed services.

The FCC has witnessed first-hand the changes our communications revolution is having on our country, our culture, our economy. There is no sector of our economy more dynamic and vibrant than communications. We have more ways to connect, create, learn and listen to one another than at any other point in history. Yet, in this globally expanding medium broadcasters are still the only truly local media. More than national network news, more than cable news – local broadcasters are the first source Americans turn to when they tune in. When reporting live news events broadcasters rely on wireless microphones, and they were depending on spectrum in the duplex gap to continue using these important reporting tools. Relocating a broadcaster into the duplex gap eliminates the availability of that spectrum for such a use. 

As the FCC considers how best to relocate broadcasters during the incentive auction, it must ensure adequate spectrum is available for unlicensed use on a contiguous nation-wide basis, and that local broadcasters can continue to report the news and serve their local communities without undue disruption. If the Commission must relocate full-power broadcasters in the 600 MHz band, it should do so in a way that minimizes interference and negative consequences for unlicensed spectrum use and wireless microphones. Thank you for your consideration.

Sincerely,

Richard Blumenthal

United States Senate

Patrick Leahy

United States Senate

Charles E. Schumer

United States Senate

Ron Wyden

United States Senate

Cory A. Booker

United States Senate

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