The LPTV Spectrum Rights Coalition is becoming increasingly combative as the incentive auction moves through regulatory channels. Its latest gripe: Extra spectrum for unlicensed devices in the television band.
The Coalition pointed to an ex parte filing detailing a meeting between Google and FCC staffers.
The brief summary reads, “We discussed how critical it is to preserve at least one TV white space in every market, in addition to providing usable unlicensed access to the duplex gap/guard bands and Channel 37. We urged the Commission to move forward with the pending NPRM on this topic so that parties can comment on the Commission’s proposals.”
The Coalition’s Mike Gravino said the LPTV community has attempted to work with unlicensed device proponents, including Google, looking for a creative solution to getting them additional spectrum, including finding a way for LPTV licensees to sell spectrum for unlicensed use. “But they want more, they want it all, they want the LPTV and TV translator spectrum for free!”
Gravino cited the fact that LPTV owners are running FCC-licensed businesses and have a right of displacement that supercedes any rights of non-licensees.
He said that while unlicensed devices are completely unproven, LPTV has a positive track record. “LPTV has been here for 30 years, is the most diverse of the broadcast services, has more multicultural, small business, true family businesses than any other the FCC regulates. Our 8,000 licenses and permits are not for the taking without due process and compensation, just like the primaries and Class As.”
It is Gravino’s opinion that if the LPTV service is trampled in the coming months, it can tie up the entire auction in court for from six to nine months if not longer.
