H.R. ___, the "LPTV and Translator Act of 2014"

The Federal Communications Commission (FCC) created low-power television (LPTV) licenses in 1982 to expand opportunities for diverse, locally-oriented broadcast programming on the air.  LPTV stations must use lower transmit power levels than full-service broadcast stations, not cause interference to the reception of existing or future full-service television stations, yield to new full-service stations where interference occurs, and accept interference from full-service stations.  Similar interference restrictions apply to television translators, which are used to re-broadcast the signal of a full-service television station, often to overcome transmission difficulties posed by mountainous terrains.

The Public Safety and Spectrum Act directed the FCC to conduct an incentive auction to repurpose broadcast spectrum for mobile wireless use and help fund the construction of FirstNet, a nationwide interoperable network for first responders.  Congress included a provision making it clear that nothing in the Act alters the spectrum usage rights of LPTV stations and translator stations.  The law also stipulates that LPTV stations and translator/booster stations are not eligible to participate in the authorized broadcast television incentive auction.

This legislation, as drafted by Rep. Joe Barton (R-TX), would alter the 2012 law by requiring the FCC to consider several LPTV and translator-related factors when reorganizing and repacking television stations as part of the auction.  If enacted, the legislation could inject new, unpredictable variables into a highly complex auction planning process that is already underway at the FCC to implement the 2012 law, thereby threatening the success of the world’s first incentive auction.  It also could disrupt the Commission’s ongoing spectrum management authority and flexibility to repack and reorganize the broadcast television band as appropriate.