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July 26, 2012
The Honorable Julius Genachowski
Chairman
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554
Dear Chairman Genachowski:
We understand that the Commission has before it a small number of rulemaking petitions seeking to
change television stations' allocations,..digital VHF to UHF channels. We I\fll concerned that
unless the federal Communications ~<t_ssion (FCC) acts quickly to move forward with these
petitions, our constituents will be denied full access to local news and informational programming and
the benefits of emerging technologies like Mobile DTV.
We trust you are familiar with Section 6403(g)(I)(B) of the recently adopted Middle Class Tax Relief
and Job Creation Act of 2012 and the legislative history that preceded its adoption. While that section
bars the FCC from reassigning a broadcast television license from a VHF channel to a UHF channel,
there are two important exceptions. The first exception applies to reassignments that would not
decrease the amount of UHF spectrum available for reallocation through auction. The second
exception applies to requests for reassignment pending before the FCC on May 31, 20 II. On that date,
the FCC had issued a public notice "freezing" the filing of VHF-to-UHF reallocation petitions.
Earlier versions of the statute did not include the exception for requests pending as of the imposition of
the "freeze." Before adoption of the final Act, the bipartisan conferees included the exception for
requests pending as of the "freeze" date. This change was included to allow those broadcasters who had
invested the time and resources necessary to file reallocation petitions to have their petitions considered
in accordance with existing Commission standards and processes.
We understand that your agency is working hard to implement the legislation. However a position on
the "pre-freeze" petitions is in direct conflict with both the legislative intent behind the "freeze"
exception and principles of fairness. These principles entitle parties, who have proceeded in accordance
with FCC rules and deadlines, not to have their rights truncated unexpectedly. The FCC's position on
this issue will disadvantage our neighbors, limiting the service they receive from the affected stations
now and in the future as newer services, like Mobile DTV, are offered.
Thank you for your attention to this matter.
PRINTED ON RECYCLED PAPER
" .
Gregg er~~C~liff~m~~~'Y'i~-
Member of Congress Member ofCongress