FEDERAL COMMUNICATIONS COMMISSION June 5, 2012 ,JULIUS GENACHQWSKI CHAIRMAN The Honorable Joseph I. Lieberman United States Senate 706 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Lieberman: Thank you for your leller concerning the Applications for Review that were filed with the Federal Communications Commission by Clarity Media Systems, LLC. and KlaasKids Foundation regarding Clarity's request to establish a new video programming service. I appreciate your bringing this mailer to my attention and have directed the Chief of our Media Bureau's Office of Communications and Industry Information to respond. I am pleased to provide the enclosed correspondence discussing the status of the proceeding. If you have any additional questions or need further assistance. please do not hesitate to contact me. Julius Genachowski Enclosure 445 12TH STREET s.w. WASHINGTON. D.C. 20554 • 202-418-1000 Federal Communications Commission Washington, D.C. 20554 June 5, 2012 IN REPLY REFER TO: CN-1200435 The Honorable Joseph I. Lieberman United States Senate 706 Hart Senate Office Building Washington, D.C. 20510 Dear Senalor Lieberman: Thank you for your leller concerning the Applications for Review that were filed with the Commission by Clarity Media Systems, LLC, and KJaasKids Foundation regarding Clarity's request to establish a new video programming service in the 2025-2110 MHz band. I appreciate the opportunity to update you regarding the status of the Applications. As you may know, both the Spectrum Policy Presidential Memorandum and the National Broadband Plan recommend that a total of 500 MHz of Federal and non federal spectrum be made available within the next ten years to meet the growing consumer demand for advanced wireless services. As part of this initiative, the National Telecommunications and Information Administration (NTIA) recently issued a report which concludes that it is possible to repurpose 95 MHz of spectrum (1755-1850 MHz) currently used by the Federal government for wireless services. The reallocation of the 1755-1850 MHz spectrum would rely on a combination of relocating Federal users, including the Department of Defense, and the sharing of spectrum between federal agencies and commercial users. Significantly, the NTlA report indicates that the Department of Defense has identified the 2025-21 10 MHz band as its preferred option to relocate most of its operations. In light of these developments, Commission staff recently held a meeting with representatives of Clarity Media Systems to discuss its proposal to establish a new video programming service and its pending Application for Review. At the meeting, staff explained that because the 2025-21 10 MHz band proposed to be used by Clarity is integral to the relocation of Federal users operating in the 1755-1850 MHz band, the Commission currently is not in a position to act on Clarity's proposal. At the same time, Commission staff encouraged Clarity to explore alternatives to the 2025-2110 MHz band, and suggested potential options that may permit Clarity to move forward with a video service. Commission staff intends to follow-up with Clarity personnel and remains available to provide assistance as the company evaluates alternatives to its pending proposal. Page 2-Thc Honorable Joseph I. Lieberman I hope this information is helpful, and please do not hesitate to contact me if I can be of further assistance. Sincerely, ~~~ (,~<--< ( 6.~~ Michael S. Perko Chief, Office of Communications and Industry Information Media Bureau