DISSENTING STATEMENT OF
COMMISSIONER AJIT PAI
Re: Amendment of Parts 15, 73 and 74 of the Commission’s Rules to Provide for the Preservation of 
One Vacant Channel in the UHF Television Band For Use By White Space Devices and Wireless 
Microphones, MB Docket No. 15-146; Expanding the Economic and Innovation Opportunities of 
Spectrum Through Incentive Auctions, GN Docket No. 12-268.
Congress, on a bipartisan basis, tasked the Commission in the Spectrum Act of 2012 with using a 
market-based mechanism to reallocate spectrum from broadcast television to mobile broadband.  
Unfortunately, the Commission, on a partisan basis, is using the incentive auction proceeding to dole out 
regulatory presents to favored companies and industries while leaving others worse off.  Because today’s 
Notice of Proposed Rulemaking is yet another step down this misguided path, I respectfully dissent.
Today, full-power television stations, Class A stations, LPTV stations, TV translators, Broadcast 
Auxiliary Service facilities, low power auxiliary stations, wireless microphone users, and unlicensed 
white space devices all share the portion of UHF band allocated for broadcast television.  Following a 
successful incentive auction, the size of this band will shrink, and there will not be enough room for all of 
those currently utilizing the UHF band to continue using it.  And so the Commission will have to make 
some tough choices.
But one of these choices shouldn’t be difficult.  When it comes to the repacked UHF broadcast 
television band, full-power television stations should receive top priority.  Up until this Notice, I wouldn’t 
have thought that this proposition would have been controversial.  After all, the band will be primarily 
allocated for broadcast television.  But today’s Notice suggests a switcheroo, giving unlicensed white 
space devices priority over full-power television stations in some circumstances.  Specifically, the item 
asks whether full-power televisions stations should be precluded from modifying their facilities in order 
to better serve their viewers if doing so would eliminate the last vacant channel in the band.  Similarly, 
the item asks whether full-power television stations should have to defer to unlicensed white-space 
devices if a television allotment proceeding would fill the last vacant channel.
To me, the answer to these questions is obvious.  Of course, the primary users of the band (full-
power television stations) should be prioritized over secondary users of the band (unlicensed white space 
devices).  But when Commissioner O’Rielly and I proposed adding tentative conclusions along these 
lines, our edits were rejected, which is an ominous sign in a Notice otherwise filled with tentative 
conclusions.
Speaking of those other tentative conclusions, I cannot support the Commission’s proposal to 
prioritize the spectrum needs of unlicensed white space devices over those of translators and LPTV 
stations.  Since the beginning of this proceeding, I have emphasized the need to take action where we can 
to preserve the vital services provided by these low power television stations.  After the incentive auction, 
there will not be enough spectrum available to keep all translators and LPTV stations on the air.  That is a 
fact.  But here is another fact:  The Notice’s proposals will force more translators and LPTV stations off 
the air.  Translators and LPTV stations that could have been placed in the last vacant channel in a market 
will have to make way for unlicensed white space devices.
Notwithstanding the underwhelming impact of unlicensed white-space devices in the market to 
date, my objection to the Commission’s proposal is not rooted in a belief that the services provided by 
translators and LPTV stations are more important than those provided by unlicensed devices.  Rather, it is 
based on the simple reality that translators and low-power television stations won’t have anywhere else to 
go after the incentive auction.  If they are not allowed to continue operating in the UHF band, they will go 
out of business.  On the other hand, there are other spectrum bands where unlicensed devices can operate, 
and I hope that soon there will be even more.  For example, since October 2012, I have been calling for 
the FCC to take action to make 195 MHz of new spectrum available for unlicensed use in the 5 GHz 
band, an amount that dwarfs the 6 MHz of spectrum that is being fought over here.
Finally, a word about process.  When I offered four proposed edits to this item, I did not expect 
that all four would be accepted.  But I did have hope that some of my proposals, especially those 
involving the treatment of full-power television stations, would make their way into the item.  
Unfortunately, all four of my suggestions were dismissed out of hand.  To be sure, I can’t say that I was 
completely surprised.  It is indicative of the partisan manner in which the incentive auction proceeding 
has been run.  But it remains unfortunate.  I continue to believe that the Commission’s work product is 
better when all Commissioners, Democrats and Republicans, are allowed to contribute.  And while the 
evidence to date does not provide much cause for optimism, I will continue to offer constructive 
suggestions in the hope we can structure the incentive auction in the same bipartisan spirit that animated 
Congress in 2012.