OET-69 Software Updated - Comments of the National Association of Broadcasters (March 21, 2013)

Sep 4, 2026

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Comments filed by major broadcast industry entities argue that the FCC Office of Engineering and Technology’s planned updates to OET-69 methodology in TVStudy software violate the Spectrum Act and applicable FCC regulations. The submission contends the proposal unlawfully alters OET-69 methodology, fails to preserve existing coverage area and population served, requires decisions at the Commission level after formal notice and comment, and is arbitrary and capricious. The document also includes supporting declarations and engineering materials.

LanguageEnglish

CategoryExam

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Pages39

Reading Time1 h 38 min

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I. The Public Notice Purports To Alter The “Methodology” Of OET-69 In Violation Of The Spectrum Act

A. The Proposed Changes For Addressing Error Codes Violate The Spectrum Act

B. Use Of One-Arcsecond Terrain Data Instead Of Three-Arcsecond Terrain Data Violates The Spectrum Act

C. Use Of Antenna Beam Tilt Values In The CDBS Record Rather Than Standard Elevation Pattern Violates The Spectrum Act

D. Use Of 2010 Census Data Violates The Spectrum Act And Commission Rules

E. The Remaining Changes Violate The Spectrum Act

II. The Proposed Changes Fail To Preserve Existing Coverage Area And Population Served

III. Even Assuming That The FCC Has Authority To Modify OET-69, The Decision Must Be Made At The Commission Level Following Formal Notice And Comment

IV. The OET’s Proposed Action Would Be Arbitrary And Capricious

CONCLUSION

Before the FEDERAL COMMUNICATIONS COMMISSION OFFICE OF ENGINEERING AND TECHNOLOGY Washington, D.C. 20554 In the Matter of Office of Engineering and Technology Releases and Seeks Comment on Updated OET-69 Software )) )) ET Docket No. 13-26 GN Docket No. 12-268 To: The Office of Engineering and Technology COMMENTS OF THE NATIONAL ASSOCIATION OF BROADCASTERS, FOX ENTERTAINMENT GROUP, CBS CORPORATION, NBCUNIVERSAL, LLC, ABC OWNED TELEVISION STATIONS, ABC TELEVISION AFFILIATES ASSOCIATION, CBS TELEVISION NETWORK AFFILIATES ASSOCIATION, FBC TELEVISION AFFILIATES ASSOCIATION, AND NBC TELEVISION AFFILIATES March 21, 2013 I. The Public Notice Purports To Alter The “Methodology” Of OET-69 In Violation Of The Spectrum Act..................................................................................................................... 3 A. The Proposed Changes For Addressing Error Codes Violate The Spectrum Act............ 7 B. Use Of One-Arcsecond Terrain Data Instead Of Three-Arcsecond Terrain Data Violates The Spectrum Act............................................................................................... 9 C. Use Of Antenna Beam Tilt Values In The CDBS Record Rather Than Standard Elevation Pattern Violates The Spectrum Act................................................................ 10 D. Use Of 2010 Census Data Violates The Spectrum Act And Commission Rules........... 10 E. The Remaining Changes Violate The Spectrum Act...................................................... 12 II. The Proposed Changes Fail To Preserve Existing Coverage Area And Population Served..................................................................................................................................... 12 III. Even Assuming That The FCC Has Authority To Modify OET-69, The Decision Must Be Made At The Commission Level Following Formal Notice And Comment........... 17 IV. The OET’s Proposed Action Would Be Arbitrary And Capricious....................................... 20 CONCLUSION ............................................................................................................................. 23 ATTACHMENTS Declaration of Victor Tawil Declaration of William R. Meintel du Treil, Lundin & Rackley, Inc., Engineering Statement in Support of Comments on Updated OET-69 Software Executive Summary An incentive auction of broadcast television spectrum is a complicated process involving numerous moving components. One of those components is the software used to calculate broadcast licensees’ coverage and interference levels. The National Association of Broadcasters (“NAB”) continues to support the Commission’s efforts to comply with the Spectrum Act and fashion an incentive auction that facilitates growth and innovation both in mobile broadband and broadcasting, and to conduct the auction as expeditiously as reasonably possible. NAB also supports the Commission’s efforts to ensure active participation by all concerned parties. Nevertheless, NAB firmly believes that the changes to the OET-69 methodology proposed in the TVStudy software are plainly unlawful under the Spectrum Act and applicable FCC regulations. Moreover, even if the proposed changes could be viewed as lawful, they are fundamentally flawed in their execution. And even if the TVStudy software’s numerous defects could be rectified, the timing of the proposed changes—on the cusp of the incentive auction, yet before the auction’s procedures have been determined—is the height of arbitrary and capricious agency action. NAB’s comments thus focus on at least four problems with the proposed changes to OET-69 . First, the proposed TVStudy software fundamentally alters the “methodology” of OET-69. In enacting the Spectrum Act, Congress understood that the “methodology” of OET-69 included both the contents of OET Bulletin 69 and the key features of the OET-69 software used to calculate broadcast television licensees’ c

FAQs

What is the main concern raised about the proposed OET-69 updates in TVStudy software?

The filing argues the updates unlawfully alter the OET-69 methodology as directed to be preserved under the Spectrum Act.

How does the submission claim the proposal affects coverage area and population served?

It states that preliminary testing indicates TVStudy will substantially reduce predicted coverage area and population served for many stations, potentially depriving viewers of existing service.

What procedural and legal challenges are raised regarding how the change would be implemented?

The document contends that even if authority existed, the decision must be made at the Commission level following formal notice and comment, and that the action would be arbitrary and capricious.

Sep 4, 2026

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