Congress, in passing the Middle Class Tax Relief and Job Creation Act of 2012 (“Spectrum Act”) in early 2012, authorized the FCC to conduct incentive auctions. In October 2012, the FCC launched a proceeding to hold the world’s first incentive auction, implementing the Spectrum Act.

Section 6403(b) of the Spectrum Act provides for the reorganization of the broadcast television spectrum in conjunction with the incentive auction. This reassignment process is generally referred to as the “repacking” of broadcast television spectrum. The statute also calls for the establishment of a “TV Broadcaster Relocation Fund” so the Commission can reimburse costs reasonably incurred in this repacking.

The FCC has engaged Widelity, Inc. to study the expected costs associated with possible outcomes as well as industry resource challenges that broadcasters might face resulting from the technical implementation issues.

Our partners in this effort include:

Joseph M. Davis, P.E. (President, Chesapeake RF Consultants LLC) is an RF Engineer with over thirty (30) years of experience in the television and radio broadcast industry. His expertise is in engineering regulatory matters encountered by television/radio broadcasters and he serves as an engineering consultant for transmitter and tower site relocation, facility upgrade, signal propagation, interference evaluation, FCC technical regulatory matters, and in the evaluation of human exposure to radiofrequency (RF) electromagnetic fields. These services are provided to clients across the United States such as CBS Corporation, Gray Television, Liberman Broadcasting, Hearst Television, Bonten Media, and many commercial and public television and radio stations in large and small cities.

Mr. Davis routinely conducts channel allocation studies, upgrade analysis, waiver support, multiple ownership studies, and “due diligence” support which involves the evaluation of prospective broadcast station acquisition and FCC spectrum auctions, including comparative coverage analysis and review of engineering-related licensing matters. His most recent activities involve licensing support of full-power, low-power, and Class A television stations in the transition to digital, including channel changes and maximization of post-transition operations.

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David Cole is an accredited senior appraiser with over thirty (30) years of experience in the appraisal of broadcasting and communications properties. In addition to his valuation expertise, Mr. Cole provides acquisition-consulting services for numerous radio and television clients. Mr. Cole has constructed full-power analog and digital UHF television stations as well as successfully relocated television transmitter sites, installed passive and active microwave paths and updated working master control operations from analog to digital operations. He has constructed radio and television production facilities as well as a non-commercial FM radio station for Mississippi University for Women.

Mr. Cole has appraised hundreds of broadcast properties with an aggregate appraised value in excess of $10 billion. He began his appraisal career with Frazier, Gross & Kadlec in 1983, was a vice president/senior vice president with Broadcast Investment Analysts (now BIA Kelsey) from 1985 through 1992, and started his own appraisal and consulting practice, Cole Appraisal Services, Inc., in 1993. He was a partner in Cole & Bowman, LLC from 2000 through 2005.

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