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How To Follow the FCC Incentive Auction

By Jonathan Cohen on August 15, 2016
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As the leaders of the FCC’s Incentive Auction Task Force said in opening a post on the FCC’s blog last week, “Who says nothing happens in Washington in August?”  Bidding in the initial stage of the FCC Incentive Auction’s forward auction phase begins on Tuesday, August 16th, and with it, the longest pre-auction run-up period in FCC history is finally over!

As noted previously on this page, most analysts do not expect the forward auction to generate enough revenue in this stage to close the Incentive Auction at the current 126 MHz spectrum clearing target.  (It would take over $88 billion, including funding reimbursements to TV stations that have to change channels after the auction.)  No one knows for sure, however, and the bidders themselves are subject to the gag order imposed by the FCC’s anti-collusion rules, so they can’t talk.  But unlike in the reverse auction, where the FCC provided virtually no bidding information to the public, the agency has set up an online Public Reporting System (the “PRS,” accessible at https://auctiondata.fcc.gov/public/projects/1000), which will provide information on the progress of the forward auction after the end of each bidding round.

In particular, the PRS “Dashboard” page will provide information regarding the progress of the forward auction toward meeting the so-called “final stage rule,” and the “Product Status Stage 1” page will show, for each category of license in each market in the just-completed round, the aggregate demand and the supply, the price at the end of the last completed round, and the price for the next round, among other things.  This will give us the ability, at least in general terms, to tell how the auction is going.  Nothing like an FCC auction to inject some excitement into the dog days of August!

Jonathan Cohen

Jonathan V. Cohen helps guide companies in the telecommunications, broadband and media sectors as they evaluate and cultivate business opportunities in a constantly shifting legal, regulatory and political landscape, leveraging his over 30 years of private practice and government experience in policy and…

Jonathan V. Cohen helps guide companies in the telecommunications, broadband and media sectors as they evaluate and cultivate business opportunities in a constantly shifting legal, regulatory and political landscape, leveraging his over 30 years of private practice and government experience in policy and transactional matters. He regularly appears on behalf of clients before the Federal Communications Commission (FCC) and other executive branch agencies whose work touches their interests. Mr. Cohen is a recognized expert in spectrum transactions and wireless policy, and particularly in the rules and processes governing spectrum auctions (including incentive auctions). He holds the Martindale Hubbell AV® Preeminent Peer Review Rating, has been selected multiple times as a Washington DC Super Lawyer, and has been singled out for nationwide recognition by his clients for “outstanding service” on corporate and commercial transactions.

Mr. Cohen joined the firm in 1998 after serving five-and-a-half years in senior staff positions at The White House and the FCC, where his work earned awards and recognition from a national legal publication. At the FCC, he was responsible for crafting rules to govern spectrum auctions, directed the FCC’s first broadband PCS auction, formulated wireless competition and media policies, and spearheaded the FCC’s effort to ensure that wireline telecommunications carriers adequately addressed the Year 2000 computer problem. He also served as counsel to the President’s Advisory Committee on Public Interest Obligations of Digital Television Broadcasters. Before entering government service, Mr. Cohen practiced law in Washington, D.C., and prior to law school, was a news reporter at a major market radio station. He serves on the board of an non-profit organization.

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  • Posted in:
    Communications, Media & Entertainment
  • Blog:
    Broadcast Law Blog
  • Organization:
    David Oxenford, Esq
  • Article: View Original Source

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