Telecom: FCC Approves Dish Network Plan to Convert Spectrum

Many hedge fund and telecom execs have bought up various bands of spectrum in hopes of converting it for wireless networks. The FCC has denied several requests, keeping its strident allotment for airwaves, but the commission recently gave the rare green light to Dish Network.

“Late Tuesday, the FCC unanimously approved [Dish Chairman Charlie] Ergen’s plan,” the Wall Street Journal reports. “Under the order, Dish would be required to not use a portion of its spectrum to avoid interference with neighboring airwaves, according to FCC officials. The company would also be required to cover at least 70 percent of the new network in each of its geographic license areas within seven years.”

Ergen started assembling the spectrum five years ago through government auctions and investments in flailing satellite companies, spending roughly $3 billion. “At a stroke, the FCC has now raised its value to as much as $12 billion, according to some analysts’ estimates. Mr. Ergen has to do the hard work of putting that spectrum to use or getting FCC approval to sell it,” the article states.

“Wireless service could give Dish an important new line of business in a mature U.S. pay TV market, where its cable TV rivals are able to sell popular ‘bundles’ of telephone, television, and high-speed Internet service.” Rather than building its own network, Dish could partner with a carrier like Sprint Nextel, or potentially even an outside company like Google, to offer wireless service with the spectrum.

“Consumers, meanwhile, could benefit whatever Dish decides, as the FCC’s decision frees up more bandwidth for data-hungry devices like smartphones and tablets,” explains WSJ. “The drawn-out process of converting that spectrum also highlighted how slowly regulators have moved to put much-needed airwaves to more valuable uses.”

Wireless Game-Changer: FCC Proposes Airwave-Sharing Scheme

A new spectrum sharing rule proposed by the Federal Communications Commission would be the biggest wireless regulatory change in decades and could prove a pivotal move in addressing ever-increasing data traffic. “Under the proposed rule, wireless carriers, corporate offices, or researchers could reserve pieces of that spectrum in different regions and at different times — a system managed by a central database,” Technology Review explains.

“The approach guarantees that the spectrum will be available and not subject to interference in certain areas by a crush of new users, as might happen if the new chunk of spectrum were made available with no regulation at all.”

The step “is a critical milestone,” says David Tennenhouse, Microsoft’s VP of technology policy. In addition to releasing more spectrum, the rule will enable “dynamic spectrum sharing that is particularly well suited for absorbing growing wireless data traffic,” he says.

“Cisco Systems estimates that mobile data traffic will grow by a factor of 18 by 2016, and Bell Labs predicts it will increase by a factor of 25,” notes the article. “Many more airwaves could eventually be shared with the help of cognitive radios, which sense available frequencies and shift between them.”

The rule applies to spectrum in the 3.550 to 3.650 gigahertz band, which is currently used by radar systems. At first, the “checked-out” spectrum might be free, but a pricing system may eventually be implemented to allow a wireless carrier to pay for priority access in times of extreme high demand.

“Whatever the details, the move spells the beginning of the end of a system in which spectrum is either exclusively owned by a private company, walled off for government and military use, or unlicensed and crowded,” suggests the article.

CALM Down: FCC Instructs Advertisers to Lower the Volume

We finally have progress on the CALM Act. After making its way through Capitol Hill, the act has formally been adopted in a ruling by the FCC, and will go into effect in December 2012.

“Responding to years of complaints that the volume on commercials was much louder than that of the programming that the ads accompany, the FCC on Tuesday passed the Commercial Advertisement Loudness Mitigation Act (CALM) to make sure that the sound level is the same for commercials and news and entertainment programming,” reports the Los Angeles Times.

The act, which makes it so commercials will have to “remain in-step with the audio levels of scheduled programming,” comes a year after Congress passed commercial volume legislation and instructed the FCC to create enforcement rules.

“I cannot tell you how many hundreds of citizens have told me — personally, through emails and letters, at public hearings, even across the family dinner table — how obnoxiously intrusive they find loud commercials,” explained FCC Commissioner Michael J. Copps.

“We’re glad that consumers are finally going to get some relief from extra-loud TV ads,” said Parul P. Desai, policy counsel for Consumers Union. “People have been complaining about the volume of TV commercials for decades.”

Judge Enters His Own OVD Condition with Comcast-NBCU Final Judgment

  • Consent from the U.S. Department of Justice for the Comcast-NBCUniversal merger has been approved, but with a new condition.
  • Comcast purchased 51 percent of NBCUniversal from General Electric in January, creating a $30 billion business that includes broadcast, cable networks, movie studios and theme parks.
  • At that time, the Department of Justice said Comcast could acquire NBCUniversal only if it ceded control of Hulu and made stand-alone broadband service available at $49.95 per month for three years, but the settlement still required final approval.
  • Last week, Judge Richard Leon delivered final approval, but stipulated that the federal government would monitor whether rival online video services, such as Hulu or Netflix, demand arbitration to license content from Comcast-NBCU for the next two years.
  • The ability of rivals to obtain programming was one of the key concerns of the DOJ and the FCC during reviews of the merger.
  • “Since neither the Court nor the parties has a crystal ball to forecast how this Final Judgment, along with its arbitration mechanisms, will actually function … I believe that certain additional steps are necessary,” Leon said in a court order.

FCC Study Reveals Broadband Internet Closer to Advertised Speeds

  • A study released last week by the FCC reports that broadband Internet speeds in the U.S. are within 80 percent of the speeds advertised by Internet Service Providers. The study calls this a “significant improvement” from just two years ago, when some ISPs were delivering Internet at less than half the advertised speed.
  • The study looked at 13 U.S. broadband providers delivering Internet over cable, DSL, and fiber-optic services. Overall, Verizon’s service was best at meeting or exceeding advertised speeds, while Cablevision’s was the worst.
  • There are currently no sanctions or enforcement mechanisms in place to punish ISPs for advertising faster Internet than they deliver, a situation that some public interest groups insist must change.
  • The study comes as the FCC is promoting its National Broadband Plan, a roadmap expanding Internet speed and availability nationwide.
  • A full copy of the report, as well as the raw data from the study, are available at the FCC website: fcc.gov.

Advisory Committee Releases Report on Closed Captioning of Internet Video

  • The Video Programming Accessibility Advisory Committee (VPAAC) released its report to the FCC last week on the closed captioning of IP-video programming (a PDF of the report is available from the Broadcast Law Blog).
  • VPAAC (co-chaired by Vince Roberts, chairman of the board for ETC@USC) submitted the report as required by the 21st Century Communications and Video Accessibility Act passed in October.
  • ETCentric member Brad Collar points out this will require closed captions be included in Internet distributed programming (the Accessibility Act requested rules requiring that once a program has aired on television with closed captions, any subsequent online distribution must also include closed captions).
  • The VPAAC report proposes a compliance schedule based on the date of the FCC’s revised rules: programming that has been prerecorded and unedited for Internet distribution (within six months), live and near-live programming (within 12 months), and programming that has been prerecorded and substantially edited for Internet distribution (within 18 months).
  • The report also includes recommendations for performance objectives, technical requirements and capabilities related to online closed captioning.