Co-Chair of Wiley Rein LLP Encourages FCC to Release Broadcasters from Prohibition Against Communication on Spectrum Auction

Co-Chair of Wiley Rein LLP Kathleen Kirby wrote a letter on Monday, Jan. 30, to the Federal Communications Commission addressing their responsibility to release broadcasters from the prohibition against communication about the Spectrum Auction and the consequences of keeping the prohibition in place.

“The Commission can provide much-needed relief to broadcasters simply by clarifying that nothing a broadcaster says about the reverse auction at this point would violate the prohibition on certain auction-related communications.,” Kirby wrote.

She explained that when the prohibition was set into place, the FCC explained it was set in place to stop broadcasters from affecting the bids and bidding strategies, but now that the Reverse Auction has finished, Kirby believes the prohibition’s effectiveness has ended.

“Finally, the Commission should be mindful of the detrimental effect its unnecessarily stringent interpretation of its rules is having on the broadcast industry,” she wrote. “When adopting the prohibited communications rules, the FCC emphasized that “[t]he prohibition applies during a limited period of time, which we expect will be only a matter of months.”6 Broadcasters, however, have been hamstrung in their ability to discuss transactions and other business requiring disclosure of auction results for more than a year, and it may yet be a “matter of months” before the Incentive Auction officially comes to an end. We respectfully submit that there is simply no justification to handcuff the broadcast industry any longer.”

To view a PDF of Kirby’s full letter to the FCC, click here.

Comments are closed.

Logo

Dear Fellow LPTV Broadcaster and Industry Leaders,

The auction has ended and most of us are still here.  While it was not only our hope but the hope of many others that the auction would not take place . . . it did, but it did not have the devastating effect that it might have had. 

The world after the auction looks different and amazingly so has a very bright future!

What does that future look like?  Not only the amazing possibilities of ATSC 3.0 but the landscape of a nation of people who are increasingly cutting their cable cords and looking for free, over the air, broadcasting content.

That’s why it’s more important than ever that you join the Advanced Television Broadcast Alliance.  Our board of directors have a combined 500+ years of experience which beginning with your membership we are going to start making more available to our members on an increasing basis.

Soon as an ATBA member, you will be eligible to start tapping into not only this brain trust through unique services available only to our members but regular news updates regarding our collective broadcast future.  We are exploring new ways to tap into information from Washington as well as important updates that will benefit you right there where you live.

The need for the ATBA has increased with the new opportunities that are becoming available for those of us who still know that the future of LPTV, Class A and Translators is bright!  Are you selling your station to local sponsors?  Are you maximizing your spectrum to the advantage that you truly can?  Are you struggling with FCC rules and regulations that you either don’t understand or can’t get explained?

The ATBA is developing a database of information to help you find the answers you need! 

In addition we are still working with the true decision makers in Washington.  Your ATBA has earned the respect and the ear of the true movers and shakers that continue to shape our collective broadcasting future.

So what can you do to get involved and begin to take advantage of these, and many other, benefits?  Join the ATBA today!  Your membership benefits will include:

  1. Members only access to hundreds of years of LPTV experience through our new “Brain Trust”
  2. Early entry to our annual NAB LPTV evening event with access to our special event guest(s)
  3. Exclusive digital content regarding real world information you need to know
  4. Eligibility for recognition for your hard work through our ATBA LPTV Awards
  5. Access to equipment manufacturers with discounts available especially for ATBA members!

To be honest you can’t afford not to be a member of the ATBA! 

We’re making it affordable because it’s a win – win!  When you join, you’re going to receive more than just the benefits listed above but also you’ll be aligning with hundreds of others who, like yourself, have a vested interest in the continued forward movement of free, over-the-air broadcasting.  It’s a win for your ATBA because we will increase our strength through numbers as we grow together.

So what’s the next step?  If you’re ready follow this link https://www.broadcastingalliance.org/join-us/ to sign up.  If you have more questions please don’t hesitate to call a member of the ATBA board of directors by calling this number (877) 214-4277.   You’ll get a rapid response!

Thanks for taking the time to read this note and for your ongoing passion for the future of communication in this great country.

Respectfully,

The Board of Directors – The Advanced Television Broadcast Alliance