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 STATEMENT  OF  COMMISSIONER  MICHAEL  J.  COPPS 
 APPROVING  IN  PART,  CONCURRING  IN  PART 


 Re:  Amendment  of  Parts  73  and  74  of  the  Commission’s  Rules  to  Establish  Rules  for  Digital  Low  Power  Television,  Television  Translator,  and  Television  Booster  Stations  and  to  Amend  Rules  for 
 Digital  Class  A  Television  Stations 


 As  I  have  traveled  around  the  country,  I  have  seen  first-  hand  the  tremendous  benefits  that  low  power  television  stations  and  translators  bring  to  the  American  people.  These  stations  help  in  significant 
 ways  to  meet  the  needs  of  underserved  audiences  and  to  increase  localism,  competition,  and  diversity  in  our  media.  Hundreds  of  communities  all  across  this  country  depend  on  these  stations—  often  run  by 
 municipalities,  schools,  colleges,  churches  and  small  business—  for  free  over-  the-  air  television  service.  In  some  rural  areas,  they  may  be  the  only  ones  providing  local  news  and  information.  In  other  areas,  low 
 power  television  stations  may  fill  a  void  by  airing  programming,  including  non-  English  programming,  geared  to  an  under-  represented  community. 


 As  with  any  other  user  of  the  public’s  airwaves,  these  stations  have  the  responsibility  to  serve  the  public  interest.  Today,  as  analog  stations,  they  generally  do,  often  with  great  distinction.  The  digital 
 transition  will  afford  these  stations  new  opportunities  to  serve  their  local  communities.  Our  job  is  to  ensure  that  these  new  opportunities  are  carried  out  in  a  manner  that  serves  the  interests  of  all  the  people, 
 most  assuredly  including  those  in  rural  areas  for  whom  digital  low  power  television  and  translator  stations  hold  such  great  promise.  Today’s  order,  on  balance,  should  help  us  to  promote  the  digital  transition  for 
 these  stations  and  achieve  this  objective. 


 On  one  aspect  of  the  decision,  however,  I  do  not  find  the  statute  as  clear  as  the  decision  states.  In  particular,  the  Order  concludes  that  the  auction  exemptions  clearly  do  not  apply  at  all  for  temporary 
 second  channels  to  advance  the  digital  transition.  I  think  this  is  a  debatable  reading  of  the  law  and  of  the  intent  of  Congress.  We  should  be  looking  for  ways  to  facilitate  the  digital  transition  for  these  small 
 stations  that  often  have  limited  capital  to  devote  to  deploying  digital  technology.  I  will  therefore  concur  in  part  in  this  decision  and  I  urge  the  Commission  to  use  the  means  at  its  disposal  to  minimize  costly 
 conflicts  among  applicants. 


 Finally,  I  note  that  today’s  decision  applies  to  low  power  and  translator  stations  the  same  rules  on  use  of  spectrum  for  ancillary  and  supplementary  services  as  were  applied  to  full-  service  DTV  stations. 
 When  we  adopted  the  rules  on  ancillary  and  supplementary  use,  we  recognized  that  the  fundamental  purpose  of  this  spectrum  is  to  provide  free  over-  the-  air  broadcast  services.  We  further  indicated  that  we 
 would  regularly  review  our  approach  to  permitted  ancillary  and  supplementary  services.  Moreover,  Congress  directed  us  to  reexamine  our  policies  from  time  to  time  to  adjust  the  fees  charged  for  use  of  the 
 spectrum  for  such  services.  It  has  been  several  years  since  we  have  undertaken  any  such  analysis.  As  technology  advances  and  we  gain  a  clearer  picture  of  how  broadcasters  in  general  are  using  the  spectrum, 
 I  hope  that  the  Commission  will  carry  out  such  a  review. 


 Thanks  to  the  Bureau  and  our  staffs  for  their  hard  work  on  this  proceeding. 
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