LPTV AGAIN SEEKS ACCESS TO DTV SPECTRUM, NAB DISAGREES

The Community Bcstrs. Assn. (CBA) said full-power TV stations’ transition to DTV had progressed enough to remove any reason to prevent LPTV stations from being granted 2nd channels to ease their digital migration. Full-power broadcasters, not surprisingly, disagreed in the latest round of comments in an FCC rulemaking.

CBA said comments filed by NAB and MSTV last month (CD Nov 28 p5) ignored that Class A and LPTV stations provide local programming to rural areas and public interest and minority programming to underserved urban markets. NAB and MSTV had urged the FCC not to grant LPTV stations 2nd channels and reserve digital spectrum for full-power stations, which they had said were driving consumer adoption of DTV. “Their position would prevent any meaningful digital transition before it even had a chance to begin,” CBA said in reply comments. “Those who oppose a 2nd channel are not being realistic but rather are in effect proposing a scheme to ensure the economic demise of the Class A/LPTV industry.”

It would be “suicidal” for an LPTV station to flash cut from analog to digital on channel, CBA said, because most LPTV stations didn’t have cable carriage rights and none had satellite carriage rights. The group said the FCC had legal authority to grant the 2nd channels, and there was no legal obstacle to doing so on a secondary basis for regular LPTV stations and primary basis for Class A stations. The Commission’s decision not to award LPTV stations 2nd channels in 2000 didn’t “dictate what action should be taken” more than 3 years later, especially in light of how many full- power stations were broadcasting in digital, CBA said.

CBA attacked the MSTV-NAB argument that the FCC should keep digital spectrum open in case full-power stations needed to make modifications or change channels. It said the initial DTV table of allotments had been set more than 6 years ago, giving full-power stations “more than enough” time to file for modifications or channel changes. CBA said 95% of commercial stations had received DTV construction permits by Oct. 2003, and 75% were on the air. “Contrary to the assertion of MSTV-NAB, the digital transition is not at a crossroads but instead is nearing the finish line,” CBA said. “Now is the time for LPTV and Class A television stations to join the process.”

In their joint reply, NAB and MSTV said the public interest would be best served by ensuring that the overall DTV transition proceeded without impeding the switch of full- power stations. Granting LPTV stations 2nd channels before the full-power TV transition was complete, they said, risked causing harmful interference not contemplated when the FCC established the transitions allotment tables. “Squeezing more channels, regardless of their status, into already crowded broadcast spectrum that must be repacked as full- service stations make their digital channel elections and migrate to final DTV channels contravenes the public’s interest in a swift transition,” they said.

In joint comments, Cox Bcstg. and Liberty Corp. said they didn’t oppose granting LPTV stations channels after the full-power transition was complete, but granting LPTV stations 2nd channels during the repack process would “hopelessly complicate an already complicated” task. Cox and Liberty also urged the FCC to reject CBA’s request that the Commission consider allowing additional LPTV stations to seek primary status, saying the issue wasn’t germane to the DTV transition. Paxson Communications urged the FCC not to take any action on LPTV stations until the full-power transition was complete.

Venture Technologies Group, which operates LPTV and translator stations nationwide, contended that the FCC could satisfy all parties somewhat by setting a hard date by which full-power stations must settle into their final digital channel and granting all LPTV stations primary status. Such a move, Venture said, would force full-power stations to speed their transition, allow LPTV stations to plan for filling the gaps remaining in the digital spectrum and clear the 700 MHz band for new users.

CBA said it wasn’t that easy. Recognizing that full- power stations won’t relinquish their temporary DTV channels until complicated must-carry and copyright protection issues are worked out, the group asked the FCC to give LPTV stations ample time to find 2nd or primary DTV channels. The group also said some LPTV stations should be allowed temporarily to use out-of-core channels (52-69) after they were vacated by full-power stations.

Meanwhile, prospective 700 MHz users submitted reply comments reiterating their demand that the FCC clear channels 52-59 completely (CD Dec 29 p11).

Finally, CBA said, if the FCC decides full-power stations can use a portion of their digital spectrum to offer paid ancillary services, it should extend the right to LPTV stations. CBA said that LPTV stations, by virtue of their usually rural service areas and lack of cable and satellite carriage rights, were in even greater economic need than full-power stations.

The Assn. of Public TV Stations (APTS) and PBS urged the FCC to allow licenses for digital translators and on-channel repeaters. APTS and PBS said the NAB-MSTV concern that granting LPTV stations 2nd channels would lead to interference was unfounded, but the problem could be addressed by focusing on upgrading rural translators first. -- J.L. Laws