STATEMENT OF
COMMISSIONER MICHAEL O’RIELLY
CONCURRING
Re:  Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, 
GN Docket No. 12-268; Office of Engineering and Technology Releases and Seeks Comment on 
Updated OET-69 Software, ET Docket No. 13-26;  Office of Engineering and Technology Seeks 
to Supplement the Incentive Auction Proceeding Record Regarding Potential Interference 
Between Broadcast Television and Wireless Services, ET Docket No. 14-14. 
Today’s order demonstrates the complexities that arise when trying to accommodate two distinct 
services in the same band.  I applaud the efforts of the Office of Engineering and Technology for coming 
up with a means that should allow wireless providers and broadcasters to operate in close proximity to 
one another without causing harmful interference. It is disappointing, however, that such analyses will 
likely have to be conducted in more markets than absolutely necessary.
Despite considerable opposition, the Commission previously adopted auction and band plan
designs that could result in a number of broadcast stations being placed in the 600 MHz uplink, downlink 
and duplex gap.  While the placement of a few broadcasters in the new wireless band was an unfortunate 
necessity to prevent interference with stations located in Canada and Mexico, the Commission should 
have ensured that market variation was as limited as possible and only occurred to prevent cross-border 
interference. Instead, the Commission adopted a structure that would allow a graduated percentage of 
impairments to account for broadcasters repacked into the 600 MHz Band.  For example, if the 
Commission sets an 84 megahertz clearing target, the impairment rate will be 14 percent (by weighted 
pops).  As I have said before, such a ridiculously high percentage of impairment is unnecessary, 
especially in light of deals reached with Canada and Mexico to limit cross-border interference.
Instead of minimizing market variation and the number of impaired licenses, the Commission is 
inclined to place more broadcasters in the 600 MHz Band in order to increase the number of licenses that 
can be auctioned, even if these licenses are not “clean.”  Because I remain unable to support the 
impairment level, I concur to today’s item.