This week the United Kingdom completed its five-year transition from analog to digital broadcast television operations.  The switch to digital has allowed broadcasters in the UK to offer more channels and high-definition television services to the public.  In addition, the transition freed up spectrum that the UK government will auction for fourth generation (4G) mobile broadband services in the upcoming year. 

Full-power television broadcasters in the United States completed the transition from digital to analog operations in June 2009, and all low-power television stations are required to make the switch by September 1, 2015.  As in the UK, the US Federal Communications Commission (FCC) auctioned much of the spectrum reclaimed as a result of the digital television transition — known as the “700 MHz” spectrum — to wireless carriers for mobile broadband.  Other 700 MHz spectrum also was set aside spectrum for public safety services, including for a nationwide interoperable broadband network; earlier this year Congress set aside funding from future spectrum auctions to build that network.  

Less than five years later, the FCC is looking to reclaim even more spectrum from television broadcasters.  As we have blogged about here, here, and here, the FCC has initiated a proceeding to hold a first-of-its-kind incentive auction made up of three parts: (1) a reverse auction, in which broadcasters may bid to sell spectrum rights; (2) a forward auction, in which mobile carriers may bid to purchase spectrum rights; and (3) a repacking process, in which the FCC will reconfigure the remaining broadcast television allotments to take up a smaller portion of the UHF band ― thereby maximizing the amount of spectrum that could be made available in the forward auction.  The FCC has initiated a proceeding to develop rules and procedures for all three of these elements, but a decision is not expected until mid-2013 at the earliest.

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Photo of Lindsey Tonsager Lindsey Tonsager

Lindsey Tonsager co-chairs the firm’s global Data Privacy and Cybersecurity practice. She advises clients in their strategic and proactive engagement with the Federal Trade Commission, the U.S. Congress, the California Privacy Protection Agency, and state attorneys general on proposed changes to data protection…

Lindsey Tonsager co-chairs the firm’s global Data Privacy and Cybersecurity practice. She advises clients in their strategic and proactive engagement with the Federal Trade Commission, the U.S. Congress, the California Privacy Protection Agency, and state attorneys general on proposed changes to data protection laws, and regularly represents clients in responding to investigations and enforcement actions involving their privacy and information security practices.

Lindsey’s practice focuses on helping clients launch new products and services that implicate the laws governing the use of artificial intelligence, data processing for connected devices, biometrics, online advertising, endorsements and testimonials in advertising and social media, the collection of personal information from children and students online, e-mail marketing, disclosures of video viewing information, and new technologies.

Lindsey also assesses privacy and data security risks in complex corporate transactions where personal data is a critical asset or data processing risks are otherwise material. In light of a dynamic regulatory environment where new state, federal, and international data protection laws are always on the horizon and enforcement priorities are shifting, she focuses on designing risk-based, global privacy programs for clients that can keep pace with evolving legal requirements and efficiently leverage the clients’ existing privacy policies and practices. She conducts data protection assessments to benchmark against legal requirements and industry trends and proposes practical risk mitigation measures.