WASHINGTON—Official legislation has been introduced by Rep. Greg Walden (R-Ore.) that seeks to promote diversity in the broadcast media industry and support local broadcasters across the U.S. through the creation of a broadcast incubator program.

The Broadcast Diversity in Leadership Act would create this incubator program, which would be led by the FCC, to allow existing broadcasters to form partnerships with emerging broadcasters to enable greater access to financial resources as well as allow for information sharing, mentoring and other activities that aim to promote diversity in broadcast ownership.

Walden, who is the Republican leader for the Energy and Commerce Committee, is a former radio station owner.

“I understand the importance of ensuring broadcast owners and their content reflect the communities they serve,” said Walden. “We must ensure our local broadcast media stations can continue to compete in today’s media marketplace and attract future generations to the industry to continue to provide local and diverse information across communities. I am proud to introduce this bill today that will support our hardworking broadcasters and ensure the industry’s continued growth and prosperity.”

PLUS: NABLF Launches Diversity, Inclusion and Equity Resource Center

The bill has already received the support of the NAB, the Multicultural Media, Telecom & Internet Council (MMTC) and the National Association of Black Owned Broadcasters.

“NABOB is pleased to support Congressman Walden’s bill directing the FCC to create an incubator program to support the entry of new and diverse voices in the broadcasting industry by providing for an established broadcaster and an emerging broadcaster to enter into a qualifying incubator  relationship,” said James Winston, president of NABOB. “NABOB has supported the creation of an incubator program for many years. We are very grateful to Congressman Walden for taking this next step toward its implementation.”

The full bill can be found online. 

WASHINGTON—Following a year where a record number of TV blackouts occurred due to retransmission disputes, the U.S. House of Representatives have passed the Television Viewer Protection Act, HR 5035, that aims to ensure cable and satellite TV customers have access to broadcast network programming, in part with a mandate for good faith negotiations between broadcasters and MVPDs.

The bill, which was co-sponsored by House Communications Subcommittee Chair Rep. Mike Doyle (D-Pa.) and House Energy & Commerce Committee ranking member Rep. Greg Walden (R-Ore.) in a bipartisan effort, passed on suspension, a procedure that is typically reserved for noncontroversial items.

In addition to making good faith negotiations required—something required in the STELAR Act—TVPA provides consumers with transparency regarding their fees on cable and satellite bills, as well as gives MVPD buying groups the same good faith negotiation requirements.

One thing that this bill is not is a renewal of the STELAR Act, which is currently still set to expire at the end of the year and deals with compulsory digital signal-licenses.

“The Television Viewer Protection Act will benefit millions of Americans who subscribe to cable or satellite TV service,” said Doyle.

TVPA will now make its way to the Senate, where reports are that it will pass, with Doyle reportedly hoping to have the bill in front of President Donald Trump’s before the end of the year.

WASHINGTON—As the clock ticks down to the end of the year when the current STELAR Act would expire, Congress has drafted another proposal related to the license, this time including making permanent the good faith requirement for retransmission negotiations.

The bill, The Television Viewer Protection Act, comes from House Energy & Commerce Communications Subcommittee chairman Rep. Mike Doyle (D-Pa.) and ranking member Rep. Greg Walden (R-Ore.). The bill does not reauthorize the compulsory distant signal license—something that Doyle says the House Judiciary Committee will handle.

The Judiciary did come up with its own proposal for a bill that would permanently extend the STELAR license but narrow its reach.

More information on Doyle and Walden’s bill is available on TVT’s sister publication B&C.

As the bill is now being submitted to the full House Energy & Commerce committee, the NAB has come out and given its approval to the provision regarding good faith negotiations.

“NAB applauds a key provision in the House Commerce Committee-passed STELAR bill today that makes permanent legislation requiring broadcasters and pay TV companies to conduct carriage negotiations in ‘good faith,’” said Gordon Smith, NAB president and CEO. “While we continue to question the need for STELAR legislation, a ‘permanent good faith’ requirement is far preferable to the current five-year STELAR renewal cycle that has incentivized pay-TV companies to force broadcast TV programming disruptions that harm consumers.”

ARLINGTON, Va.—The Consumer Technology Association will award its 2019 Digital Patriots Awards to Reps. Greg Walden (R-Ore.) and Stephanie Murphy (D-Fla.). The awards are handed out annually to elected officials that champion policies that are vital to innovation in consumer technology.

Rep. Walden is the current ranking member and former chairman of the House Energy and Commerce Committee. As such, he assisted with the transition to digital television and more recently fighting for the RAY BAUM’S Act, as well as supporting the Permanent Internet Tax Freedom Act.

Rep. Murphy is a member of the House Ways and Means Subcommittee on Trade, as well as the Subcommittee on Worker and Family Support, and has been recognized as a proponent of “smart trade policy.” She is also chair of Future Forum.

“Reps. Walden and Murphy fight for smart, pro-growth policies that make America the world’s innovation leader,” said Gary Shapiro, president and CEO of CTA, in the announcement.

In addition, 2019 International Innovation Champion Awards will be presented to Michael Kratsios, deputy assistant to the president for technology policy and deputy U.S. policy technology officer, and Switzerland’s Ambassador to the U.S. Martin Dahinden.

The recipients will be honored at the 15th Annual Digital Patriots Dinner on April 30 at the National Museum of African American History and Culture.

WASHINGTON—House Energy and Commerce Committee Chairman Greg Walden (R-Ore.) will be taking a break from Washington to talk with the broadcasters at the 2018 NAB Show. The NAB announced that Walden will take part in a fireside chat with NAB President CEO Gordon Smith and his Committee’s current legislation and the impact that it could have on the broadcast industry.

“From his days as a longtime radio broadcaster and now one of the most influential members of Congress, Greg Walden has been a steadfast champion of local broadcasting,” said Smith. “This is a great opportunity for broadcasters to hear from a key lawmaker about the legal, regulatory and legislative challenges facing radio and TV in Washington.”

[YouTube Exec Mohan Headlining 2018 NAB Show Opening]

In addition to Walden, NAB has announced that the 2018 NAB Show opening will feature Smith’s annual “State of the Broadcast Industry” address, a keynote from YouTube Chief Product Officer Neal Mohan and the presentation of the NAB Distinguished Service Award to Robin Roberts.

The 2018 NAB Show opening will take place on Monday, April 9 at 9 a.m. on the Main Stage in the North Hall of the Las Vegas Convention Center.

WASHINGTON—Broadcasters’ compensation for being a part of the spectrum repack is still a topic of debate on Capitol Hill. Sen. John Thune (R-S.D.), Senate Commerce, Science and Transportation chairman, and Sen. Greg Walden (R-Ore.), House Energy and Commerce chairman, are exploring if it is better to spread the $1 billion in compensation for broadcasters over two years instead of one to make it more palatable in spending bills.

[House Votes Unanimously to Pass RAY BAUM ACT]

Read the full story on Roll Call.

For more information on the repack, visit TV Technology's repack silo.   

WASHINGTON—The U.S. House of Representatives voted unanimously to pass the RAY BAUM’S Act Tuesday, March 6, with provisions addressing repack funding and reauthorizing the Federal Communications Commission.

Of particular interest to TV and radio broadcasters are provisions that make up for an anticipated shortfall in the $1.75 billion originally set aside to fund the relocation of repacked full-power and Class A television stations; address the repack expenses of low-power and translator TV stations affected by reshuffling channel assignments; and pay for the expenses radio stations caught up in the work to repack TV stations.

Passage of the legislation drew praise from around the broadcast industry. “NAB applauds today’s passage of RAY BAUM’S Act by the U.S. House of Representatives,” said NAB President and CEO Gordon Smith in a statement to the press. “Chairman [Greg] Walden [(R-Ore.)] and Ranking Member [Frank] Pallone [(D-N.J.)] deserve enormous credit for their leadership in crafting bipartisan, unanimous legislation that ensures local broadcasters are fairly reimbursed for expenses related to the spectrum ‘repack’.”

America’s Public Television Stations (APTS) welcomed passage, as well. “This additional funding —whose need was predicted by the broadcasting industry and by House Energy and Commerce Committee Chairman Greg Walden before the spectrum law was enacted in 2012—would ensure that our local public television stations have the resources they need to complete the repacking in a timely and efficient way, educate consumers about the transition and minimize disruption for their viewers,” said APTS President and CEO Patrick Butler in a press release.

In addition to repack funding and FCC reauthorization, the act approves the provisions of S.19, the MOBILE NOW Act, to advance 5G broadband development; corrects a spectrum auction deposit issue by allowing the FCC to deposit upfront payments from bidders directly with the U.S. Treasury; instructs the FCC to develop a national policy for unlicensed spectrum; and puts fraudulent phone calls to consumers in the crosshairs of the FCC and law enforcement.

The act awaits Senate approval. NAB’s Smith pledged to work in the Senate to “ensure this legislation’s passage into law along with full funding for the repack in the final omnibus spending bill.”

The act is named for Ray Baum, staff director of the House Energy & Commerce Committee, who died in February.

For more information on the repack, visit TV Technology's repack silo.   

WASHINGTON—Leaders from the House of Representatives and Senate Friday, March 2, jointly announced a bipartisan agreement in both chambers that addresses the shortfall in funding to reimburse full-power and Class A stations for their repack expenses, establishes funds to pay for the authorized relocation expenses of translators, low-power TV and radio stations impacted by the repack and a fund to educate consumers regarding the repack.

The legislation, called the RAY BAUM’S Act (H.R. 4986), addresses several other issues, including the reauthorization of the Federal Communications Commission; a boost to 5G wireless broadband development via inclusion of provisions of the Senate-approved MOBILE NOW Act (S.19); a spectrum auction fix authorizing the FCC to deposit upfront payments from bidders directly into the U.S. Treasury; FCC creation of a national policy for unlicensed spectrum; and consumer protection from fraudulent calls.

“This legislation, combining provisions that have previously passed both the House and Senate, does what no legislation has done in 28 years—it reauthorizes the FCC and includes provisions that help make sure that the Commission is transparent, efficient and ready for the 21st century communications landscape,” according to a joint statement released by House Energy and Commerce Committee Chairman Greg Walden (R-Ore.), Ranking Member Frank Pallone Jr. (D-N.J.), Senate Commerce, Science and Transportation Committee Chairman John Thune (R-S.D.) and Ranking Member Bill Nelson (D-Fla.).

[Bill to Address Repack Shortcomings Advances]

“Importantly, it includes spectrum legislation that passed the Senate unanimously last year and authorizes reimbursement for broadcasters who were displaced in the successful incentive auctions,” the statement said.

A vote in the House is scheduled for March 6. The RAY BAUM’S Act is named for Ray Baum, a telecommunications policy staffer and friend of Walden, who died in February.

NAB welcomed word of the agreement. Gordon Smith, president and CEO of NAB, called Friday's agreement a "significant step toward fully reimbursing broadcaster repack relocation expenses."

"A truly voluntary incentive auction means tens of millions of Americans who rely on local TV and radio sations—as well as low-power TV stations and translators—are not unfairly burdened by the repack," he said in a statement released to the press. "America's hometown broadcasters fully support swift passage of RAY BAUM's Act and remain optimistic that appropriations will include full repack relocation funding in the final omnibus spending bill."

WASHINGTON—FCC chair Ajit Pai said the FCC will be holding two spectrum auctions in short order, which means next November and soon thereafter.

That will depend on a congressional fix related to the auction process, but Pai appeared confident that can be resolved.

"I’m excited to announce today that it is my intention for the United States to hold an auction beginning this November of spectrum in the 28-GHz band, followed immediately thereafter by an auction of spectrum in the 24-GHz band," Pai said in a speech Monday (Feb. 26) to the Mobile World Congress in Barcelona.

He said the FCC will seek comment this spring on how the auctions should be conducted.

But the first order of business will be in legislators' hands, he said.

"In order for us to start an auction in November, we need the U.S. Congress to pass legislation by May 13 addressing the handling of upfront payments," Pai said. "Until now, this technical issue hasn’t impeded the FCC’s work because we’ve been busy getting spectrum we’ve already allocated ready to be auctioned. But we’re now ready to move forward with a major spectrum auction, and if we don’t get the problem fixed by May 13, our efforts to realize America’s 5G future will be delayed. I’m pleased that Congress is making bipartisan progress on this issue and am hopeful that we’ll be able to kick off a major spectrum auction in November."

That is a reference to a House FCC reauthorization bill that would resolve the issue, the issue being that the FCC currently has to deposit upfront payments from bidders in an interest-bearing account -- so the government's money can be making money -- but current financial regulations don't allow that. So, the bill would let the FCC deposit those upfront payments directly into the Treasury.

[The Spectrum Crunch Cometh]

House Energy & Commerce Committee chair Greg Walden (R-Ore.) and ranking member Marsha Blackburn (R-Tenn.), are both looking to fix the FCC's problem and get more spectrum in the 5G pipeline.

"The race to 5G is a sprint, not a marathon, and the proposed spectrum auctions will help ensure the United States remains at the forefront of this emerging technology," they said in a joint statement. "Today’s announcement from chairman Pai is yet another reason to enact the bipartisan Ray Baum's Act, which includes the necessary fix to the upfront spectrum deposit payments. We are continuing to work with all parties to get this important legislation to the finish line.”

Wireless operators hungry for that spectrum were cheering Pai's move.

“CTIA applauds chairman Pai for scheduling a high-band spectrum auction in November and will work with the FCC, Congress and other stakeholders to ensure the auction timeline is met,” said the group's president, Meredith Attwell Baker. “The wireless industry needs the certainty of a spectrum pipeline, and chairman Pai’s commitment is a critical next step to meeting the United States’ 5G ambitions and creating millions of new jobs and billions to our economy.”

In its most recent spectrum auction, the broadcast incentive auction, the FCC freed up 84 megahertz of low-band spectrum for commercial and unlicensed wireless use. Now, it is looking to free up higher band spectrum.

This story first appeared on TVT's sister publication B&C. 

WASHINGTON--Rep. Greg Walden (R-Ore.), chairman of the House Energy & Commerce Committee, says Congress is going to have to find the money to make up the difference between the $1.75 billion allocated for the post broadcast incentive auction repack and what it is actually going to cost and that he is on the case.

Walden was speaking at the State of the Net conference in Washington.

He pointed out that in the original incentive auction legislation, which he was instrumental in drafting, the figure had been $3 billion, but was negotiated down between the political parties to $1.75 billion. "And now, guess what, the number is about $3 billion bucks. "We have to find money to make this up. We need to make this up not only to keep our word [that those not participating in the auction would be held as harmless as possible] but to grease the skids and get the repack done."

National of Broadcasters Chief Technology Officer Sam Matheny, who told the Senate Commerce Committee last week at a hearing that the new estimate of the broadcasters' price tag for the move is about $3 billion.

Walden said he was working hard to figure out the funding stream and make any other "associated changes." He called the 39-month repack a tight timeline. "We need all this to stay on track and work," he said, including for the wireless nets waiting to access the spectrum and noncommercial stations with funding issues. He said he was "shoulder to shoulder" with ranking member Frank Pallone (D-N.J.) about finding the money.

Pallone has long pushed for more money for broadcasters, but as a way to insure viewers are held as harmless as possible in the move. Bills have been introduced in both the House (Pallone's own bill) and Senate to boost funding.

The FCC got initial broadcaster estimates back in July totaling $2.115 billion, but that was before all those eligible for the money had weighed in, so it signaled it expected the number to go up. It did, to $2.139 billion in October when the FCC reviewed of those asks. That review brought the figure down to $1.864 billion, but with the FCC expecting that to tick up again once broadcasters are actually moving.

The FCC handed out an initial outlay of $1 billion (a little over half of what commercial broadcasters are getting--about 52%--and 60% for noncoms) to cover initial costs, with the rest coming in a further tranche, or tranches.

That does not include the cost of moving LPTVs or translators, which will incur costs--likely hundreds of millions--but were not included in the $1.75 billion repack fund, something Walden has previously signaled his concerns about.

NAB had not commented on that $3 billion figure at press time, but it likely included those LPTV and translator moves, as well as experiences of some radio stations, whose costs were also not included in the $1.75 billion fund.

This article originally appeared in Broadcasting & Cable.

For more information on the repack, visit TV Technology's repack silo.