----- Forwarded message from Dave Farber <[email protected]> -----

Date: Thu, 5 Jan 2012 08:36:35 -0500 (EST)
From: Dave Farber <[email protected]>
Subject: [IP] Levin: TV Spectrum Auctions Likely Doomed
Reply-To: [email protected]
To: ip <[email protected]>


-----Original Message-----
From: Dewayne Hendricks <[email protected]>
To: Multiple recipients of Dewayne-Net <[email protected]>
Sent: Thu, 05 Jan 2012 8:23 AM
Subject: [Dewayne-Net] Levin: TV Spectrum Auctions Likely Doomed

Levin: TV Spectrum Auctions Likely Doomed
The chief architect of the FCC's National Broadband Plan says the incentive 
auction of TV spectrum is unlikely to produce much spectrum for wireless 
broadband or money for the federal treasury. Why? NAB-backed provisions 
designed to protect broadcasters in the authorizing legislation will expose the 
auction to crippling litigation. "Congratulations to [NAB President] Gordon 
Smith," he says. "He did a great job. He did the job he was hired to do.... But 
let???s not kid ourselves: That???s not putting the United States first."
By Kim McAvoy, TVNewsCheck
January 5, 2012
<http://www.tvnewscheck.com/article/2012/01/04/56476/levin-tv-spectrum-auctions-likely-doomed/page/1>

An FCC incentive auction of  broadcast TV spectrum will likely "fail" if, as 
expected, Congress adopts Republican House authorizing legislation, according 
to Blair Levin, the chief architect of the FCC???s 2010 National Broadband Plan 
that first proposed the auction.

The legislation, authored by House Communications Subcommittee Chairman Greg 
Walden (R-Ore.), would grant the FCC authority to conduct incentive auctions 
??? auctions in which proceeds are shared with broadcasters who voluntarily 
give up their spectrum.

But it also contains provisions designed to protect broadcasters who hang on to 
their spectrum. And they are what has Levin worried.

"The legislation ties the FCC???s hands in a variety of ways," said Levin, who 
left the FCC following release of the broadband plan and is now attached to the 
Aspen Institute. "It opens it up to litigation risk, which then, in conjunction 
with the other handcuffs, makes it difficult to pull off a successful auction.

"The nature of the bill dramatically increases the probability that there will 
be less spectrum recovered and less money for the [U.S.] Treasury."

Levin and FCC Chairman Julius Genachowski have been pushing for the incentive 
auction authority since 2009, believing that much TV spectrum is underutilized 
and it would be best to auction it off to wireless broadband carriers.

[snip]

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