FEDERAL COMMUNICATIONS COMMISSION Mignon L. Clyburn Acting Chairwoman The Honorable Amy Klobuchar United States Senate 302 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Klobuchar: October 31,2013 Thank you for your letter regarding the international coordination process as it relates to the Spectrum Act incentive auction provisions. International coordination is an important component to our on-going proceeding, and I ani pleased to provide an update on the Commission's progress. The United States has a long and successful history of close cooperation with Canada and Mexico regarding the use of radio spectrum along our common borders, and we are confident that this cooperation will continue through the incentive auction process. This history includes coordination related to the DTV transition, an experience that FCC staff is applying to our incentive auction coordination efforts. The Commission will continue to adhere to all statutory requirements, while at the same time continuing to abide by our international agreements with both countries. The Commission and State Department have been engaged in on-going discussions with both Canada and Mexico on border issues related to the incentive auction process. During the summer, I emphasized incentive auction-related coordination in high-level meetings with our Canadian counterparts in Ottawa and Mexican counterparts at the International Telecommunication Union Global Symposium for Regulators in Warsaw. At separate meetings with these counterparts in early November the FCC will reiterate the need to continue spectrum coordination discussions related to the U.S. incentive auction. As you note, the Spectrum Act in section 6403(b )(1) makes the reassignment and reallocation of the broadcast spectrum "subject to" international coordination. That language is identical to that used by the Commission in describing its handling of the earlier DTV transition, in which the Commission "adopt[ ed] our proposed allotments for these stations, subject to our continuing negotiations with Canada ... ,"notwithstanding broadcasters' requests to the contrary. Advanced Television Systems & Their Impact Upon the Existing Television Broadcast Service, 22 FCC Red 15581 (2007) at~~ 103-05 (emphasis added); see also id., 13 FCC Red 7418 (1998) at~~ 138-40. Thus, although the Commission has not yet interpreted these provisions in an Order, that precedent- where our international coordination with respect to the DTV transition continued beyond the finalization of allotments - may well be applicable to the Commission's ultimate determination of its statutory authority under the Spectrum Act. 445 12th Street S. W. Washington, D.C. 20554 (202) 418-1000 Page 2-The Honorable Amy Klobuchar We intend to design an auction, repacking process, and band plan that are sufficiently flexible to facilitate a successful auction and meet our statutory obligation to preserve broadcast service, while taking into account potential international constraints. In the end, I expect the consultations related to the Spectrum Act will ultimately lead to a better designed, and more successful, incentive auction, which will create opportunities for greater spectrum efficiency and band harmonization across North America. Sincerely, FEDERAL COMMUNICATIONS COMMISSION Mignon L. Clyburn Acting Chairwoman The Honorable Kelly Ayotte United States Senate 188 Russell Senate Office Building Washington, D.C. 20510 Dear Senator Ayotte: October 31,2013 Thank you for your letter regarding the international coordination process as it relates to the Spectrum Act incentive auction provisions. International coordination is an important component to our oh-going proceeding, and ram pleased to provide an "update on the Commission's progress. The United States has a long and successful history of close cooperation with Canada and Mexico regarding the use of radio spectrum along our common borders, and we are confident that this cooperation will continue through the incentive auction process. This history includes coordination related to the DTV transition, an experience that FCC staff is applying to our incentive auction coordination efforts. The Commission will continue to adhere to all statutory requirements, while at the same time continuing to abide by our international agreements with both countries. The Commission and State Department have been engaged in on-going discussions with both Canada and Mexico on border issues related to the incentive auction process. During the summer, I emphasized incentive auction-related coordination in high-level meetings with our Canadian counterparts in Ottawa and Mexican counterparts at the International Telecommunication Union Global Symposium for Regulators in Warsaw. At separate meetings with these counterparts in early November the FCC will reiterate the need to continue spectrum coordination discussions related to the U.S. incentive auction. As you note, the Spectrum Act in section 6403 (b)( 1) makes the reassignment and reallocation of the broadcast spectrum "subject to" international coordination. That language is identical to that used by the Commission in describing its handling of the earlier DTV transition, in which the Commission "adopt[ ed] our proposed allotments for these stations, subject to our continuing negotiations with Canada ... , " notwithstanding broadcasters' requests to the contrary. Advanced Television Systems & Their Impact Upon the Existing Television Broadcast Service, 22 FCC Red 15581 (2007) at~~ 103-05 (emphasis added); see also id., 13 FCC Red 7418 (1998) at~~ 138-40. Thus, although the Commission has not yet interpreted these provisions in an Order, that precedent- where our international coordination with respect to the DTV transition continued beyond the finalization of allotments - may well be applicable to the Commission's ultimate determination of its statutory authority under the Spectrum Act. 445 12'h Street S.W. Washington, D.C. 20554 (202) 418-1000 Page 2-The Honorable Kelly Ayotte We intend to design an auction, repacking process, and band plan that are sufficiently flexible to facilitate a successful auction and meet our statutory obligation to preserve broadcast service, while taking into account potential international constraints. In the end, I expect the consultations related to the Spectrum Act will ultimately lead to a better designed, and more successful, incentive auction, which will create opportunities for greater spectrum efficiency and band harmonization across North America. Sincerely, FEDERAL COMMUNICATIONS COMMISSION Mignon L. Clyburn Acting Chairwoman The Honorable Max S. Baucus United States Senate 511 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Baucus: October 31, 2013 Thank you for your letter regarding the international coordination process as it relates to the Spectrum Act incentive auction provisions. International coordination is an important component to our··on-going proceeding, and· I am pleased to provide ah update on the Commission's progress. The United States has a long and successful history of close cooperation with Canada and Mexico regarding the use of radio spectrum along our common borders, and we are confident that this cooperation will continue through the incentive auction process. This history includes coordination related to the DTV transition, an experience that FCC staff is applying to our incentive auction coordination efforts. The Commission will continue to adhere to all statutory requirements, while at the same time continuing to abide by our international agreements with both countries. The Commission and State Department have been engaged in on-going discussions with both Canada and Mexico on border issues related to the incentive auction process. During the summer, I emphasized incentive auction-related coordination in high-level meetings with our Canadian counterparts in Ottawa and Mexican counterparts at the International Telecommunication Union Global Symposium for Regulators in Warsaw. At separate meetings with these counterparts in early November the FCC will reiterate the need to continue spectrum coordination discussions related to the U.S. incentive auction. As you note, the Spectrum Act in section 6403(b )(1) makes the reassignment and reallocation of the broadcast spectrum "subject to" international coordination. That language is identical to that used by the Commission in describing its handling of the earlier DTV transition, in which the Commission "adopt[ ed] our proposed allotments for these stations, subject to our continuing negotiations with Canada .. . ,"notwithstanding broadcasters' requests to the contrary. Advanced Television Systems & Their Impact Upon the Existing Television Broadcast Service, 22 FCC Red 15581 (2007) at~~ 103-05 (emphasis added); see also id. , 13 FCC Red 7418 (1998) at~~ 138-40. Thus, although the Commission has not yet interpreted these provisions in an Order, that precedent- where our international coordination with respect to the DTV transition continued beyond the finalization of allotments - may well be applicable to the Commission's ultimate determination of its statutory authority under the Spectrum Act. 445 l21h Street S. W. Washington, D.C. 20554 (202) 418-1 000 Page 2-The Honorable Max S. Baucus We intend to design an auction, repacking process, and band plan that are sufficiently flexible to facilitate a successful auction and meet our statutory obligation to preserve broadcast service, while taking into account potential international constraints. In the end, I expect the consultations related to the Spectrum Act will ultimately lead to a better designed, and more successful, incentive auction, which will create opportunities for greater spectrum efficiency and band harmonization across North America. Sincerely, FEDERAL COMMUNICATIONS COMMISSION Mignon L. Clyburn Acting Chairwoman The Honorable Richard Blumenthal United States Senate 448 Russell Senate Office Building Washington, D.C. 20510 Dear Senator Blumenthal: October 31,2013 Thank you for your letter regarding the international coordination process as it relates to the Spectrum Act incentive auction provisions. International coordination is an important component to our on-going proceeding, and I am pleased to provide an update on the Commission's progress. The United States has a long and successful history of close cooperation with Canada and Mexico regarding the use of radio spectrum along our common borders, and we are confident that this cooperation will continue through the incentive auction process. This history includes coordination related to the DTV transition, an experience that FCC staff is applying to our incentive auction coordination efforts. The Commission will continue to adhere to all statutory requirements, while at the same time continuing to abide by our international agreements with both countries. The Commission and State Department have been engaged in on-going discussions with both Canada and Mexico on border issues related to the incentive auction process. During the summer, I emphasized incentive auction-related coordination in high-level meetings with our Canadian counterparts in Ottawa and Mexican counterparts at the International Telecommunication Union Global Symposium for Regulators in Warsaw. At separate meetings with these counterparts in early November the FCC will reiterate the need to continue spectrum coordination discussions related to the U.S. incentive auction. As you note, the Spectrum Act in section 6403(b )(1) makes the reassignment and reallocation ofthe broadcast spectrum "subject to" international coordination. That language is identical to that used by the Commission in describing its handling of the earlier DTV transition, in which the Commission "adopt[ed] our proposed allotments for these stations, subject to our continuing negotiations with Canada ... ,"notwithstanding broadcasters' requests to the contrary. Advanced Television Systems & Their Impact Upon the Existing Television Broadcast Service, 22 FCC Red 15581 (2007) at~~ 103-05 (emphasis added); see also id., 13 FCC Red 7418 (1998) at~~ 138-40. Thus, although the Commission has not yet interpreted these provisions in an Order, that precedent- where our international coordination with respect to the DTV transition continued beyond the finalization of allotments - may well be applicable to the Commission's ultimate determination of its statutory authority under the Spectrum Act. 445 12'h Street S. W. Washington, D.C. 20554 (202) 4 18-1000 Page 2-The Honorable Richard Blumenthal We intend to design an auction, repacking process, and band plan that are sufficiently flexible to facilitate a successful auction and meet our statutory obligation to preserve broadcast service, while taking into account potential international constraints. In the end, I expect the consultations related to the Spectrum Act will ultimately lead to a better designed, and more successful, incentive auction, which will create opportunities for greater spectrum efficiency and band harmonization across North America. Sincerely, FEDERAL COMMUNICATIONS COMMISSION Mignon L. Clyburn Acting Chairwoman The Honorable Barbara Boxer United States Senate 112 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Boxer: October 31,2013 Thank you for your letter regarding the international coordination process as it relates to the Spectrum Act incentive auction provisions. International coordination is an important component to our on-going proceeding, and I am pleased to provide an update on the Commission's progress. The United States has a long and successful history of close cooperation with Canada and Mexico regarding the use of radio spectrum along our common borders, and we are confident that this cooperation will continue through the incentive auction process. This history includes coordination related to the DTV transition, an experience that FCC staff is applying to our incentive auction coordination efforts. The Commission will continue to adhere to all statutory requirements, while at the same time continuing to abide by our international agreements with both countries. The Commission and State Department have been engaged in on-going discussions with both Canada and Mexico on border issues related to the incentive auction process. During the summer, I emphasized incentive auction-related coordination in high-level meetings with our Canadian counterparts in Ottawa and Mexican counterparts at the International Telecommunication Union Global Symposium for Regulators in Warsaw. At separate meetings with these counterparts in early November the FCC will reiterate the need to continue spectrum coordination discussions related to the U.S. incentive auction. As you note, the Spectrum Act in section 6403(b)(1) makes the reassignment and reallocation of the broadcast spectrum "subject to" international coordination. That language is identical to that used by the Commission in describing its handling of the earlier DTV transition, in which the Commission "adopt[ ed] our proposed allotments for these stations, subject to our continuing negotiations with Canada ... ,"notwithstanding broadcasters' requests to the contrary. Advanced Television Systems & Their Impact Upon the Existing Television Broadcast Service, 22 FCC Red 15581 (2007) at~~ 103-05 (emphasis added); see also id. , 13 FCC Red 7418 (1998) at~~ 138-40. Thus, although the Commission has not yet interpreted these provisions in an Order, that precedent- where our international coordination with respect to the DTV transition continued beyond the finalization of allotments- may well be applicable to the Commission's ultimate determination of its statutory authority under the Spectrum Act. 445 I th Street S.W. Washington, D.C. 20554 (202) 418-1 000 Page 2-The Honorable Barbara Boxer We intend to design an auction, repacking process, and band plan that are sufficiently flexible to facilitate a successful auction and meet our statutory obligation to preserve broadcast service, while taking into account potential international constraints. In the end, I expect the consultations related to the Spectrum Act will ultimately lead to a better designed, and more successful, incentive auction, which will create opportunities for greater spectrum efficiency and band harmonization across North America. Sincerely, FEDERAL COMMUNICATIONS COMMISSION Mignon L. Clyburn Acting Chairwoman The Honorable Bob Casey, Jr. United States Senate 393 Russell Senate Office Building Washington; D.C. 20510 Dear Senator Casey: October 31, 2013 Thank you for your letter regarding the international coordination process as it relates to the Spectrum Act incentive auction provisions. International coordination is an important component to our on-going prckeeding, and I am pleased-to provide an update on the Commission's progress. The United States has a long and successful history of close cooperation with Canada and Mexico regarding the use of radio spectrum along our common borders, and we are confident that this cooperation will continue through the incentive auction process. This history includes coordination related to the DTV transition, an experience that FCC staff is applying to our incentive auction coordination efforts. The Commission will continue to adhere to all statutory requirements, while at the same time continuing to abide by our international agreements with both countries. The Commission and State Department have been engaged in on-going discussions with both Canada and Mexico on border issues related to the incentive auction process. During the summer, I emphasized incentive auction-related coordination in high-level meetings with our Canadian counterparts in Ottawa and Mexican counterparts at the International Telecommunication Union Global Symposium for Regulators in Warsaw. At separate meetings with these counterparts in early November the FCC will reiterate the need to continue spectrum coordination discussions related to the U.S. incentive auction. As you note, the Spectrum Act in section 6403(b)(l) makes the reassignment and reallocation of the broadcast spectrum "subject to" international coordination. That language is identical to that used by the Commission in describing its handling of the earlier DTV transition, in which the Commission "adopt[ed] our proposed allotments for these stations, subject to our continuing negotiations_ with Canada ... ,"notwithstanding broadcasters' requests to the contrary. Advanced Television Systems & Their Impact Upon the Existing Television Broadcast Service, 22 FCC Red 15581 (2007) at~~ 103-05 (emphasis added); see also id., 13 FCC Red 7418 (1998) at~~ 138-40. Thus, although the Commission has not yet interpreted these provisions in an Order, that precedent - where our international coordination with respect to the DTV transition continued beyond the finalization of allotments -may well be applicable to the Commission's ultimate determination of its statutory authority under the Spectrum Act. 445 121h Street S.W. Washington, D.C. 20554 (202) 418-1000 Page 2-The Honorable Bob Casey, Jr. We intend to design an auction, repacking process, and band plan that are sufficiently flexible to facilitate a successful auction and meet our statutory obligation to preserve broadcast service, while taking into account potential international constraints. In the end, I expect the consultations related to the Spectrum Act will ultimately lead to a better designed, and more successful, incentive auction, which will create opportunities for greater spectrum efficiency and band harmonization across North America. Sincerely, FEDERAL COMMUNICATIONS COMMISSION Mignon L. Clyburn Acting Chairwoman The Honorable Susan M. Collins United States Senate 413 Dirksen Senate Office Building Washington, D.C. 20510 Dear Senator Collins: October 31, 2013 Thank you for your letter regarding the international coordination process as it relates to the Spectrum Act incentive auction provisions. International coordination is an important component to our on-going proceeding, and I am pleased to provide an update on··the Commission's progress. The United States has a long and successful history of close cooperation with Canada and Mexico regarding the use of radio spectrum along our common borders, and we are confident that this cooperation will continue through the incentive auction process. This history includes coordination related to the DTV transition, an experience that FCC staff is applying to our incentive auction coordination efforts. The Commission will continue to adhere to all statutory requirements, while at the same time continuing to abide by our international agreements with both countries. The Commission and State Department have been engaged in on-going discussions with both Canada and Mexico on border issues related to the incentive auction process. During the summer, I emphasized incentive auction-related coordination in high-level meetings with our Canadian counterparts in Ottawa and Mexican counterparts at the International Telecommunication Union Global Symposium for Regulators in Warsaw. At separate meetings with these counterparts in early November the FCC will reiterate the need to continue spectrum coordination discussions related to the U.S. incentive auction. As you note, the Spectrum Act in section 6403(b)(1) makes the reassignment and reallocation of the broadcast spectrum "subject to" international coordination. That language is identical to that used by the Commission in describing its handling of the earlier DTV transition, in which the Commission "adopt[ed] our proposed allotments for these stations, subject to our continuing negotiations with Canada ... ,"notwithstanding broadcasters' requests to the contrary. Advanced Television Systems & Their Impact Upon the Existing Television Broadcast Service, 22 FCC Red 15581 (2007) at~~ 103-05 (emphasis added); see also id. , 13 FCC Red 7418 (1998) at~~ 138-40. Thus, although the Commission has not yet interpreted these provisions in an Order, that precedent - where our international coordination with respect to the DTV transition continued beyond the finalization of allotments - may well be applicable to the Commission's ultimate determination of its statutory authority under the Spectrum Act. 445 121h Street S.W. Washington, D.C. 20554 (202) 41 8-1000 Page 2-The Honorable Susan M. Collins We intend to design an auction, repacking process, and band plan that are sufficiently flexible to facilitate a successful auction and meet our statutory obligation to preserve broadcast service, while taking into account potential international constraints. In the end, I expect the consultations related to the Spectrum Act will ultimately lead to a better designed, and more successful, incentive auction, which will create opportunities for greater spectrum efficiency and band harmonization across North America. Sincerely, FEDERAL COMMUNICATIONS COMMISSION Mignon L. Clyburn Acting Chairwoman The Honorable Richard J. Durbin United States Senate 309 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Durbin: Thank you for your letter regarding the international coordination process as it relates to the Spectrum Act incentive auction provisions. International coordination is an important component to ·our on-going proceeding, and I am pleased to provide an update on the Commission's progress. The United States has a long and successful history of close cooperation with Canada and Mexico regarding the use of radio spectrum along our common borders, and we are confident that this cooperation will continue through the incentive auction process. This history includes coordination related to the DTV transition, an experience that FCC staff is applying to our incentive auction coordination efforts. The Commission will continue to adhere to all statutory requirements, while at the same time continuing to abide by our international agreements with both countries. The Commission and State Department have been engaged in on-going discussions with both Canada and Mexico on border issues related to the incentive auction process. During the summer, I emphasized incentive auction-related coordination in high-level meetings with our Canadian counterparts in Ottawa and Mexican counterparts at the International Telecommunication Union Global Symposium for Regulators in Warsaw. At separate meetings with these counterparts in early November the FCC will reiterate the need to continue spectrum coordination discussions related to the U.S. incentive auction. As you note, the Spectrum Act in section 6403(b)(l) makes the reassignment and reallocation of the broadcast spectrum "subject to" international coordination. That language is identical to that used by the Commission in describing its handling ofthe earlier DTV transition, in which the Commission "adopt[ed] our proposed allotments for these stations, subject to our continuing negotiations with Canada ... ,"notwithstanding broadcasters' requests to the contrary. Advanced Television Systems & Their Impact Upon the Existing Television Broadcast Service, 22 FCC Red 15581 (2007) at ,-r,-r 103-05 (emphasis added); see also id., 13 FCC Red 7418 (1998) at ,-r,-r 138-40. Thus, although the Commission has not yet interpreted these provisions in an Order, that precedent- where our international coordination with respect to the DTV transition continued beyond the finalization of allotments - may well be applicable to the Commission's ultimate determination of its statutory authority under the Spectrum Act. 445 l21h Street S.W. Washington, D.C. 20554 (202) 418-1000 Page 2-The Honorable Richard J. Durbin We intend to design an auction, repacking process, and band plan that are sufficiently flexible to facilitate a successful auction and meet our statutory obligation to preserve broadcast service, while taking into account potential international constraints. In the end, I expect the consultations related to the Spectrum Act will ultimately lead to a better designed, and more successful, incentive auction, which will create opportunities for greater spectrum efficiency and band harmonization across North America. Sincerely, FEDERAL COMMUNICATIONS COMMISSION Mignon L. Clyburn Acting Chairwoman The Honorable Al Franken United States Senate 320 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Franken: Thank you for your letter regarding the international coordination process as it relates to the Spectrum Act incentive auction provisions. International coordination is an important component to our on-going proceeding, arid I am pleased to provide··an update on the Commission' s progress. The United States has a long and successful history of close cooperation with Canada and Mexico regarding the use of radio spectrum along our common borders, and we are confident that this cooperation will continue through the incentive auction process. This history includes coordination related to the DTV transition, an experience that FCC staff is applying to our incentive auction coordination efforts. The Commission will continue to adhere to all statutory requirements, while at the same time continuing to abide by our international agreements with both countries. The Commission and State Department have been engaged in on-going discussions with both Canada and Mexico on border issues related to the incentive auction process. During the summer, I emphasized incentive auction-related coordination in high-level meetings with our Canadian counterparts in Ottawa and Mexican counterparts at the International Telecommunication Union Global Symposium for Regulators in Warsaw. At separate meetings with these counterparts in early November the FCC will reiterate the need to continue spectrum coordination discussions related to the U.S. incentive auction. As you note, the Spectrum Act in section 6403(b)(1) makes the reassignment and reallocation of the broadcast spectrum "subject to" international coordination. That language is identical to that used by the Commission in describing its handling of the earlier DTV transition, in which the Commission "adopt[ ed] our proposed allotments for these stations, subject to our continuing negotiations with Canada ... ,"notwithstanding broadcasters' requests to the contrary. Advanced Television Systems & Their Impact Upon the Existing Television Broadcast Service, 22 FCC Red 15581 (2007) at ~~ 103-05 (emphasis added); see also id. , 13 FCC Red 7418 (1998) at~~ 138-40. Thus, although the Commission has not yet interpreted these provisions in an Order, that precedent - where our international coordination with respect to the DTV transition continued beyond the finalization of allotments - may well be applicable to the Commission's ultimate determination of its statutory authority under the Spectrum Act. 445 121h Street S.W. Washington, D.C. 20554 (202) 4 18-1000 Page 2-The Honorable Al Franken We intend to design an auction, repacking process, and band plan that are sufficiently flexible to facilitate a successful auction and meet our statutory obligation to preserve broadcast service, while taking into account potential international constraints. In the end, I expect the consultations related to the Spectrum Act will ultimately lead to a better designed, and more successful, incentive auction, which will create opportunities for greater spectrum efficiency and band harmonization across North America. Sincerely, Yn-,-x.~ Mignon L. Clyburn FEDERAL COMMUNICATIONS COMMISSION Mignon L. Clyburn Acting Chairwoman The Honorable Martin Heinrich United States Senate B40D Dirksen Senate Office Building Washington, D.C. 20510 Dear Senator Heinrich: October 31, 2013 Thank you for your letter regarding the international coordination process as it relates to the Spectrum Act incentive auction provisions. International coordination is an important ·· component to our on-going proceeding, and I am pleased to provide an update on the Commission's progress. The United States has a long and successful history of close cooperation with Canada and Mexico regarding the use of radio spectrum along our common borders, and we are confident that this cooperation will continue through the incentive auction process. This history includes coordination related to the DTV transition, an experience that FCC staff is applying to our incentive auction coordination efforts. The Commission will continue to adhere to all statutory requirements, while at the same time continuing to abide by our international agreements with both countries. The Commission and State Department have been engaged in on-going discussions with both Canada and Mexico on border issues related to the incentive auction process. During the summer, I emphasized incentive auction-related coordination in high-level meetings with our Canadian counterparts in Ottawa and Mexican counterparts at the International Telecommunication Union Global Symposium for Regulators in Warsaw. At separate meetings with these counterparts in early November the FCC will reiterate the need to continue spectrum coordination discussions related to the U.S . incentive auction. As you note, the Spectrum Act in section 6403(b )(1) makes the reassignment and reallocation of the broadcast spectrum "subject to" international coordination. That language is identical to that used by the Commission in describing its handling of the earlier DTV transition, in which the Commission "adopt[ ed] our proposed allotments for these stations, subject to our continuing negotiations with Canada ... ,"notwithstanding broadcasters' requests to the contrary. Advanced Television Systems & Their Impact Upon the Existing Television Broadcast Service, 22 FCC Red 15581 (2007) at~~ 103-05 (emphasis added); see also id. , 13 FCC Red 7418 (1998) at~~ 138-40. Thus, although the Commission has not yet interpreted these provisions in an Order, that precedent- where our international coordination with respect to the DTV transition continued beyond the finalization of allotments -may well be applicable to the Commission's ultimate determination of its statutory authority under the Spectrum Act. 445 121h Street S.W. Washington, D.C. 20554 (202) 41 8-1000 Page 2-The Honorable Martin Heinrich We intend to design an auction, repacking process, and band plan that are sufficiently flexible to facilitate a successful auction and meet our statutory obligation to preserve broadcast service, while taking into account potential international constraints. In the end, I expect the consultations related to the Spectrum Act will ultimately lead to a better designed, and more successful, incentive auction, which will create opportunities for greater spectrum efficiency and band harmonization across North America. Sincerely, ~X.l!tf-._ Mignon L. Clyburn FEDERAL COMMUNICATIONS COMMISSION Mignon L. Clyburn Acting Chairwoman The Honorable Ron Johnson United States Senate 506 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Johnson: October 31,2013 Thank you for your letter regarding the international coordination process as it relates to the Spectrum Act incentive auction provisions. International coordination is an important component to our on-going proceeding, and I am pleased to provide an update on the Commission's progress. The United States has a long and successful history of close cooperation with Canada and Mexico regarding the use of radio spectrum along our common borders, and we are confident that this cooperation will continue through the incentive auction process. This history includes coordination related to the DTV transition, an experience that FCC staff is applying to our incentive auction coordination efforts. The Commission will continue to adhere to all statutory requirements, while at the same time continuing to abide by our international agreements with both countries. The Commission and State Department have been engaged in on-going discussions with both Canada and Mexico on border issues related to the incentive auction process. During the summer, I emphasized incentive auction-related coordination in high-level meetings with our Canadian counterparts in Ottawa and Mexican counterparts at the International Telecommunication Union Global Symposium for Regulators in Warsaw. At separate meetings with these counterparts in early November the FCC will reiterate the need to continue spectrum coordination discussions related to the U.S. incentive auction. As you note, the Spectrum Act in section 6403(b )(1) makes the reassignment and reallocation of the broadcast spectrum "subject to" international coordination. That language is identical to that used by the Commission in describing its handling of the earlier DTV transition, in which the Commission "adopt( ed] our proposed allotments for these stations, subject to our continuing negotiations with Canada ... ,"notwithstanding broadcasters' requests to the contrary. Advanced Television Systems & Their Impact Upon the Existing Television Broadcast Service, 22 FCC Red 15581 (2007) at~~ 103-05 (emphasis added); see also id. , 13 FCC Red 7418 (1998) at~~ 138-40. Thus, although the Commission has not yet interpreted these provisions in an Order, that precedent- where our international coordination with respect to the DTV transition continued beyond the finalization of allotments -may well be applicable to the Commission's ultimate determination of its statutory authority under the Spectrum Act. 445 I2'h Street S.W. Washington, D.C. 20554 (202) 418-1000 Page 2-The Honorable Ron Johnson We intend to design an auction, repacking process, and band plan that are sufficiently flexible to facilitate a successful auction and meet our statutory obligation to preserve broadcast service, while taking into account potential international constraints. In the end, I expect the consultations related to the Spectrum Act will ultimately lead to a better designed, and more successful, incentive auction, which will create opportunities for greater spectrum efficiency and band harmonization across North America. Sincerely, FEDERAL COMMUNICATIONS COMMISSION Mignon L. Clyburn Acting Chairwoman The Honorable Patrick J. Leahy United States Senate 433 Russell Senate Office Building Washington, D.C. 20510 Dear Senator Leahy: October 31,2013 Thank you for your letter regarding the international coordination process as it relates to the Spectrum Act incentive auction provisions. International coordination is an impmiant component to our on--going proceeding, and I am pleased to provide an update on the Commission's progress. The United States has a long and successful history of close cooperation with Canada and Mexico regarding the use of radio spectrum along our common borders, and we are confident that this cooperation will continue through the incentive auction process. This history includes coordination related to the DTV transition, an experience that FCC staff is applying to our incentive auction coordination efforts. The Commission will continue to adhere to all statutory requirements, while at the same time continuing to abide by our international agreements with both countries. The Commission and State Department have been engaged in on-going discussions with both Canada and Mexico on border issues related to the incentive auction process. During the summer, I emphasized incentive auction-related coordination in high-level meetings with our Canadian counterparts in Ottawa and Mexican counterparts at the International Telecommunication Union Global Symposium for Regulators in Warsaw. At separate meetings with these counterparts in early November the FCC will reiterate the need to continue spectrum coordination discussions related to the U.S. incentive auction. As you note, the Spectrum Act in section 6403(b)(1) makes the reassignment and reallocation ofthe broadcast spectrum "subject to" international coordination. That language is identical to that used by the Commission in describing its handling of the earlier DTV transition, in which the Commission "adopt[ed] our proposed allotments for these stations, subject to our continuing negotiations with Canada ... ,"notwithstanding broadcasters' requests to the contrary. Advanced Television Systems & Their Impact Upon the Existing Television Broadcast Service, 22 FCC Red 15581 (2007) at~~ 103-05 (emphasis added); see also id, 13 FCC Red 7418 (1998) at~~ 138-40. Thus, although the Commission has not yet interpreted these provisions in an Order, that precedent- where our international coordination with respect to the DTV transition continued beyond the finalization of allotments- may well be applicable to the Commission's ultimate determination of its statutory authority under the Spectrum Act. 445 121h Street S.W. Washington, D.C. 20554 (202) 418-1000 Page 2-The Honorable Patrick J. Leahy We intend to design an auction, repacking process, and band plan that are sufficiently flexible to facilitate a successful auction and meet our statutory obligation to preserve broadcast service, while taking into account potential international constraints. In the end, I expect the consultations related to the Spectrum Act will ultimately lead to a better designed, and more successful, incentive auction, which will create opportunities for greater spectrum efficiency and band harmonization across North America. Sincerely, FEDERAL COMMUNICATIONS COMMISSION Mignon L. Clyburn Acting Chairwoman The Honorable Carl Levin United States Senate 269 Russell Senate Office Building Washington, D.C. 20510 Dear Senator Levin: October 31,2013 Thank you for your letter regarding the international coordination process as it relates to the Spectrum Act incentive auction provisions. International coordination is an important component to our ori:..going proceeding, and I am pleased to provide an update on the Commission's progress. The United States has a long and successful history of close cooperation with Canada and Mexico regarding the use of radio spectrum along our common borders, and we are confident that this cooperation will continue through the incentive auction process. This history includes coordination related to the DTV transition, an experience that FCC staff is applying to our incentive auction coordination efforts. The Commission will continue to adhere to all statutory requirements, while at the same time continuing to abide by our international agreements with both countries. The Commission and State Department have been engaged in on-going discussions with both Canada and Mexico on border issues related to the incentive auction process. During the summer, I emphasized incentive auction-related coordination in high-level meetings with our Canadian counterparts in Ottawa and Mexican counterparts at the International Telecommunication Union Global Symposium for Regulators in Warsaw. At separate meetings with these counterparts in early November the FCC will reiterate the need to continue spectrum coordination discussions related to the U.S. incentive auction. As you note, the Spectrum Act in section 6403(b)(1) makes the reassignment and reallocation of the broadcast spectrum "subject to" international coordination. That language is identical to that used by the Commission in describing its handling of the earlier DTV transition, in which the Commission "adopt[ed] our proposed allotments for these stations, subject to our continuing negotiations with Canada ... ,"notwithstanding broadcasters' requests to the contrary. Advanced Television Systems & Their Impact Upon the Existing Television Broadcast Service, 22 FCC Red 15581 (2007) at~~ 103-05 (emphasis added); see also id. , 13 FCC Red 7418 (1998) at~~ 138-40. Thus, although the Commission has not yet interpreted these provisions in an Order, that precedent - where our international coordination with respect to the DTV transition continued beyond the finalization of allotments -may well be applicable to the Commission's ultimate determination of its statutory authority under the Spectrum Act. 445 l21h Street S. W. Washington, D.C. 20554 (202) 41 8-1000 Page 2-The Honorable Carl Levin We intend to design an auction, repacking process, and band plan that are sufficiently flexible to facilitate a successful auction and meet our statutory obligation to preserve broadcast service, while taking into account potential international constraints. In the end, I expect the consultations related to the Spectrum Act will ultimately lead to a better designed, and more successful, incentive auction, which will create opportunities for greater spectrum efficiency and band harmonization across North America. Sincerely, FEDERAL COMMUNICATIONS COMMISSION Mignon L. Clyburn Acting Chairwoman The Honorable Jeanne Shaheen United States Senate 520 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Shaheen: October 31,2013 Thank you for your letter regarding the international coordination process as it relates to the Spectrum Act incentive auction provisions. International coordination is an important component to our on-going proceeding, and I am pleased to provide an update oh the Commission's progress. The United States has a long and successful history of close cooperation with Canada and Mexico regarding the use of radio spectrum along our common borders, and we are confident that this cooperation will continue through the incentive auction process. This history includes coordination related to the DTV transition, an experience that FCC staff is applying to our incentive auction coordination efforts. The Commission will continue to adhere to all statutory requirements, while at the same time continuing to abide by our international agreements with both countries. The Commission and State Depa1iment have been engaged in on-going discussions with both Canada and Mexico on border issues related to the incentive auction process. During the summer, I emphasized incentive auction-related coordination in high-level meetings with our Canadian counterparts in Ottawa and Mexican counterparts at the International Telecommunication Union Global Symposium for Regulators in Warsaw. At separate meetings with these counterparts in early November the FCC will reiterate the need to continue spectrum coordination discussions related to the U.S. incentive auction. As you note, the Spectrum Act in section 6403(b)(1) makes the reassignment and reallocation of the broadcast spectrum "subject to" international coordination. That language is identical to that used by the Commission in describing its handling of the earlier DTV transition, in which the Commission "adopt[ ed] our proposed allotments for these stations, subject to our continuing negotiations with Canada ... ,"notwithstanding broadcasters' requests to the contrary. Advanced Television Systems & Their Impact Upon the Existing Television Broadcast Service, 22 FCC Red 15581 (2007) at~~ 103-05 (emphasis added); see also id. , 13 FCC Red 7418 (1998) at~~ 138-40. Thus, although the Commission has not yet interpreted these provisions in an Order, that precedent- where our international coordination with respect to the DTV transition continued beyond the finalization of allotments - may well be applicable to the Commission's ultimate determination of its statutory authority under the Spectrum Act. 445 12'h Street S. W. Washington, D.C. 20554 (202) 418-1000 Page 2-The Honorable Jeanne Shaheen We intend to design an auction, repacking process, and band plan that are sufficiently flexible to facilitate a successful auction and meet our statutory obligation to preserve broadcast service, while taking into account potential international constraints. In the end, I expect the consultations related to the Spectrum Act will ultimately lead to a better designed, and more successful, incentive auction, which will create opportunities for greater spectrum efficiency and band harmonization across North America. Sincerely, FEDERAL COMMUNICATIONS COMMISSION Mignon L. Clyburn Acting Chairwoman The Honorable Debbie Stabenow United States Senate 133 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Stabenow: October 31,2013 Thank you for your letter regarding the international coordination process as it relates to the Spectrum Act incentive auction provisions. International coordination is an important component to our'<:m-going proceeding, and] am pleased to provide aii update on the Commission's progress. The United States has a long and successful history of close cooperation with Canada and Mexico regarding the use of radio spectrum along our common borders, and we are confident that this cooperation will continue through the incentive auction process. This history includes coordination related to the DTV transition, an experience that FCC staff is applying to our incentive auction coordination efforts. The Commission will continue to adhere to all statutory requirements, while at the same time continuing to abide by our international agreements with both countries. The Commission and State Department have been engaged in on-going discussions with both Canada and Mexico on border issues related to the incentive auction process. During the summer, I emphasized incentive auction-related coordination in high-level meetings with our Canadian counterparts in Ottawa and Mexican counterparts at the International Telecommunication Union Global Symposium for Regulators in Warsaw. At separate meetings with these counterparts in early November the FCC will reiterate the need to continue spectrum coordination discussions related to the U.S. incentive auction. As you note, the Spectrum Act in section 6403(b )(1) makes the reassignment and reallocation of the broadcast spectrum "subject to" international coordination. That language is identical to that used by the Commission in describing its handling of the earlier DTV transition, in which the Commission "adopt[ed] our proposed allotments for these stations, subject to our continuing negotiations with Canada ... ,"notwithstanding broadcasters' requests to the contrary. Advanced Television Systems & Their Impact Upon the Existing Television Broadcast Service, 22 FCC Red 15581 (2007) at~~ 103-05 (emphasis added); see also id., 13 FCC Red 7418 (1998) at~~ 138-40. Thus, although the Commission has not yet interpreted these provisions in an Order, that precedent- where our international coordination with respect to the DTV transition continued beyond the finalization of allotments - may well be applicable to the Commission's ultimate determination of its statutory authority under the Spectrum Act. 445 12'h Street S. W. Washington, D.C. 20554 (202) 4 18-1 000 Page 2-The Honorable Debbie Stabenow We intend to design an auction, repacking process, and band plan that are sufficiently flexible to facilitate a successful auction and meet our statutory obligation to preserve broadcast service, while taking into account potential international constraints. In the end, I expect the consultations related to the Spectrum Act will ultimately lead to a better designed, and more successful, incentive auction, which will create opportunities for greater spectrum efficiency and band harmonization across North America. Sincerely, FEDERAL COMMUNICATIONS COMMISSION Mignon L. Clyburn Acting Chairwoman The Honorable Jon Tester United States Senate 724 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Tester: October 31, 2013 Thank you for your letter regarding the international coordination process as it relates to the Spectrum Act incentive auction provisions. International coordination is an important component to our on-going proceeding, and I am pleased to provide an update on the Commission's progress. The United States has a long and successful history of close cooperation with Canada and Mexico regarding the use of radio spectrum along our common borders, and we are confident that this cooperation will continue through the incentive auction process. This history includes coordination related to the DTV transition, an experience that FCC staff is applying to our incentive auction coordination efforts. The Commission will continue to adhere to all statutory requirements, while at the same time continuing to abide by our international agreements with both countries. The Commission and State Department have been engaged in on-going discussions with both Canada and Mexico on border issues related to the incentive auction process. During the summer, I emphasized incentive auction-related coordination in high-level meetings with our Canadian counterparts in Ottawa and Mexican counterparts at the International Telecommunication Union Global Symposium for Regulators in Warsaw. At separate meetings with these counterparts in early November the FCC will reiterate the need to continue spectrum coordination discussions related to the U.S. incentive auction. As you note, the Spectrum Act in section 6403(b )(1) makes the reassignment and reallocation of the broadcast spectrum "subject to" international coordination. That language is identical to that used by the Commission in describing its handling of the earlier DTV transition, in which the Commission "adopt[ed] our proposed allotments for these stations, subject to our continuing negotiations with Canada ... ,"notwithstanding broadcasters' requests to the contrary. Advanced Television Systems & Their Impact Upon the Existing Television Broadcast Service, 22 FCC Red 15581 (2007) at~~ 103-05 (emphasis added); see also id. , 13 FCC Red 7418 (1998) at~~ 138-40. Thus, although the Commission has not yet interpreted these provisions in an Order, that precedent- where our international coordination with respect to the DTV transition continued beyond the finalization of allotments - may well be applicable to the Commission's ultimate determination of its statutory authority under the Spectrum Act. 445 Ith Street S.W. Washington, D.C. 20554 (202) 418-1000 Page 2-The Honorable Jon Tester We intend to design an auction, repacking process, and band plan that are sufficiently flexible to facilitate a successful auction and meet our statutory obligation to preserve broadcast service, while taking into account potential international constraints. In the end, I expect the consultations related to the Spectrum Act will ultimately lead to a better designed, and more successful, incentive auction, which will create opportunities for greater spectrum efficiency and band harmonization across North America. Sincerely,