FCC Adopts New Rules Permitting TV Channel Sharing by Broadcasters; Enacts First Step Towards Freeing Up Spectrum Under Incentive Auction

The Federal Communications Commission (FCC) took its first step toward making a significant portion of spectrum currently used by the broadcast television service available for new uses. The Report and Order, in anticipation of a future incentive auction to address the nation’s growing demand for wireless broadband, allows multiple broadcast stations to elect to stream individual programming while sharing a single channel. The new rules apply to full power and Class A television stations, including both commercial and noncommercial educational television stations.

Specifically, the Report and Order establishes a framework for how two or more television licensees may voluntarily share a single six MHz channel in conjunction with the auction process:

• While stations will need to retain at least one standard definition programming stream to meet the FCC’s requirement of providing an over-the-air video broadcast at no direct charge to viewers, they will have the flexibility of tailoring their channel sharing agreements to meet their individual programming and economic needs.
• Stations sharing together will employ a single channel and transmission facility but will each continue to be licensed separately, retain its original call sign, retain all the rights pertaining to an FCC license, and remain subject to all of the FCC’s rules, policies, and obligations.

The rules neither increase nor decrease the cable and satellite carriage rights currently afforded broadcast licensees. Nor does the Report and Order act on the proposals in the Notice of Proposed Rulemaking to establish fixed and mobile allocations in the U/V bands or to improve TV service on VHF channels. The FCC will address the allocation issue in a future rulemaking, and may address the VHF issues at a later date as well.