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[IP] Public Broadcasters Propose Bill to Return Analog Spectrum, Create Trust Fund




Delivered-To: dfarber+@xxxxxxxxxxxxxxxxxx
Date: Wed, 03 Mar 2004 14:52:14 -0800
From: Dewayne Hendricks <dewayne@xxxxxxxxxxxxx>

[Note:  This item comes from friend Michael Calabrese of NAF.  DLH]

At 13:12 -0500 3/3/04, Michael Calabrese wrote:
Subject: Public Broadcasters Propose Bill to Return Analog Spectrum, Create Trust Fund
Date: Wed, 3 Mar 2004 13:12:10 -0500
From: "Michael Calabrese" <Calabrese@xxxxxxxxxxxxxx>

We thought you'd be interested in the gathering support for an idea promoted over the past couple years by think tanks often at odds on spectrum policy -- New America, Cato, Manhattan Institute -- and which has already been adopted in Berlin, Germany. The idea is to bring a speedy end to the logjammed DTV transition by earmarking a fraction of future spectrum auction or user fee revenue to subsidize consumer purchase of a converter box allowing stations to transmit in digital only -- and rapidly clear one of the two channels they license for reallocation to public safety and especially both unlicensed (WiFi-type) and licensed (cellular) wireless broadband services. (A policy paper updating and detailing New America's proposal along these lines will be released shortly.)

As the article below describes, the Association of Public Television Stations (APTS) is already moving ahead with plans to formulate a proposal for an early return of public broadcasters analog television spectrum in return for 1) full digital signal carriage on cable and satellite systems, 2) encouragement of the development of a cheap analog-to-digital converter or set-top box and 3) a trust fund to finance public TV's new digital content that would "motivate consumers to buy set-top boxes." Some pubcasters are aiming at $14 billion for the trust fund to be financed by sale of their analog spectrum. APTS is working with Sen Ernest Hollings (D-SC) and hopes to have legislation introduced by the second half of 2004. There's no illusion of getting a bill passed in the Congress, but hopes of having something to rally a coalition around for next year.

[SOURCE: Communications Daily, AUTHOR: Dinesh Kumar]

March 3, 2004, Wednesday

SECTION: TODAY'S NEWS

LENGTH: 1129 words

HEADLINE: PUBLIC TV DEVELOPING LEGISLATION FOR TRUST FUND THIS YEAR

BODY:

To give a boost to its digital transition strategy of embracing a hard date for turning off analog, public TV is planning to develop legislation with sympathetic members of Congress to create a public broadcasting trust fund from proceeds of the analog spectrum auction. The move follows clear signals from public TV stations that setting up a trust fund was a "prerequisite" for early handover of analog spectrum, Assn. of Public TV (APTS) Pres. John Lawson told us. A draft plan for adopting a hard date for digital-only broadcasting (DOB) has been submitted to the APTS board and to member stations, he said, and "we hope in the first half of this year to present our membership and our board with a pretty comprehensive plan for digital-only broadcasting."

Lawson said Sen. Hollings (D-S.C.) had supported the idea of a trust fund based on the analog spectrum return: "We will continue to work with his staff and the staff of other senators on what that legislation might look like. We hope to have legislation introduced on a bipartisan basis." He said he didn't expect the bill to become law this year, but "if a bill were introduced it would give us something to rally behind and begin building coalitions." A recent online survey of stations had made clear that early analog return would rest on a "series of policy changes that are up to the federal government," he said.

At last month's APTS board meeting, members were generally supportive of the DOB proposal, but they also notified the staff some stations were skeptical the proposal would materialize. "It's hardly a slam dunk," said David Liroff, chief technology officer for the WGBH Education Foundation. But given its promise for cost savings for stations alone, the APTS staff should continue exploring the idea of an early analog switch off, he said. Lawson said about 92% of the stations were for APTS developing a analog switch off plan, though 43% of those said they remain unconvinced about its feasibility. Stations' skepticism was based also on such questions as whether ATSC was an infeasible standard for getting signals to consumers; how expensive digital converter boxes would be for consumers; and whether there would be improvement in antenna performance, he said.

So the plan's success revolves around technical, cost and policy issues, Lawson said. If the govt. wanted an analog switch off, "there's a very clear set of conditions on the table," he said: (1) Ensure carriage of all of PTV's digital signals on cable and satellite. (2) Encourage the development of a cheap analog-to-digital converter or set-top box. (3) Set up a trust fund to finance PTV's new digital content that would "motivate consumers to buy set-top boxes." The money from the fund would also be used to subsidize set- top boxes "for the relatively small group of people... who would need some sort of receiver subsidy," he said.

Lawson wasn't clear about what portion of the analog spectrum auction proceeds should go into the trust fund. However, APTS board member Robert Shuman, CEO of Md. PTV, put the amount at $14 billion. He said his calculation was based on Sen. McCain's (R-Ariz.) estimate the analog spectrum was worth $70 billion. With PTV stations controlling 21% of it, their share should be about $14 billion. Lawson said the valuation of the spectrum was a "crucial" issue, but it was also "up in the air at this point." Experts in the private sector and the govt. he had talked to agreed that the value of the spectrum was unknown because "no one in a position to value it believes that the broadcasters will get off of it anytime soon." They also think that if a section of the broadcast industry came up with a plausible plan to hand over analog spectrum by a date certain, then entrepreneurs would get to work to make use of the property, he said.

PTV also wants to make the case that there's more at stake in the early analog turn-off plan than the auction revenue. The auction proceeds could be significant, Lawson said, "but they are by no means the most important economic consequence of auctioning the spectrum." If the spectrum is freed up for the private sector to develop, it will provide the foundation for an enormous increase in economic activity, he said. As for set-top boxes, he said one vendor had told him that the boxes could be marketed for $69 each if sale of one million units was assured. "This should not surprise anyone." He said dozens of vendors were selling inexpensive digital-to-analog converters in Berlin and the U.K. "The bottom line is that there is nothing inherent in the ATSC digital standard that would change the economics we've seen in Europe that mass production makes it pretty cheap for the simple set-top box. It is pretty clear that the economics of producing these boxes are quite favorable in terms of widespread consumer adoption."

The PTV proposal for a public broadcasting trust fund financed by analog spectrum sales appears to have caused apprehension in public radio. NPR Vp-Govt. Relations Michael Riksen told his board that while the idea of creating a trust fund for public broadcasting wasn't new, "using proceeds from the sale of public television's analog spectrum could have an impact on the levels of future congressional appropriations for public broadcasting." Asked to elaborate, Riksen told us that he couldn't make a "meaningful comment," because there wasn't enough information on "even the general nature of the [trust fund] proposal."

Public broadcasters are also seeking mileage from the outrage generated on the Hill by recent incidents as the Super Bowl half-time show. "What happened at the Super Bowl half-time show has really cast into sharp relief the difference between public television programming and what consumers are seeing from some of the commercial medium," said Lawson. He said there were "changed attitudes [toward public broadcasters] even among Republicans" at a recent House Labor-HSS Appropriations Committee hearing on CPB funding (CD Feb 26 p12). NPR officials, who are used to barbs from Republican members about liberal bias and a pro- Palestinian tilt in its Middle East coverage in such hearings, said they were pleasantly surprised by the praise NPR got from both sides of the aisle. "It was terrific to hear to unprompted and unrehearsed comments from the Republicans about NPR and public radio and our international coverage and our focus on rural issues," said Riksen. Acknowledging that the Super Bowl incident and programming on commercial radio had helped to cast NPR and public radio in a fresh light, he cautioned, however, that "good work doesn't necessarily translate into dollars." -- Dinesh Kumar

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