IP: FCC SEEKS COMMENT ON LICENSING BROADCAST SPECTRUM IN LIGHT OF JULY U.S. COURT OF APPEALS RULING

[Dave Farber <dave () farber net>]

FCC SEEKS COMMENT ON LICENSING BROADCAST SPECTRUM IN LIGHT OF JULY U.S.
COURT OF APPEALS RULING

In July 2001 the US Court of Appeals for the
District of Columbia struck down the FCC plan to require all parties,
including those eligible to hold noncommercial educational ("NCE")
licensees, to compete at auction for licenses in the spectrum not reserved
exclusively for NCE entities. The court ruled that the FCC did not have
authority to use auctions to award licenses for NCE stations in the
non-reserved spectrum.  In response to this, the FCC has issued a Second
Further notice of Proposed Rulemaking, which proposes and solicits comment
on three possible licensing plans.  The options are to exclude NCE's from
consideration for non-reserved spectrum, permit them to acquire non-reserved
spectrum in the absence of interest by commercial entities, or to expand the
number of reserved channels.

For additional information see:
<http://www.fcc.gov/Bureaus/Mass_Media/News_Releases/2002/nrmm0201.pdf>



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