FCC Denies Complaint Over Ex Parte on Wireless/Broadcaster Meeting

According to the Low-Power Television (LPTV) Spectrum Rights Coalition, the Federal Communications Commission has denied its complaint about the lack of published details on a meeting between FCC officials and broadcasters and wireless company stakeholders in the upcoming incentive auction. The coalition complained that the ex parte notice of the meeting contained insufficient details about what was discussed or potentially decided. The ex parte did say the parties had talked about collaborating on as expeditious a transition as possible. Broadcasters and wireless operators will have to share some spectrum according to the FCC's current auction framework, and do some coordinating as broadcasters move off of spectrum and wireless onto it in the repack.

But the coalition wondered whether the collaboration discussed might rise to the level of collusion between sellers and buyers and just what constituted the "expeditious" the parties were talking about. It also pointed out that the coalition and its LPTV members were not represented, even though some 400-plus LPTVs have auction eligible class A licenses. The coalition sought a more detailed filing, but the FCC said no, though it did say the meeting was about the challenges of repacking after the auction. In the response, the FCC said, "Based on our review, we conclude that, given the nature of the meeting, the notice filed by NAB is adequate," the FCC said. Actually, more than adequate, since it later added: "Arguably, under these circumstances, there was no need to file an ex parte notice of the meeting at all."