FRANK A. LoBIONDO 2ND DISTRICT, NEW JERSEY TRANSPORTATION AND INFRASTRUCTURE CHAIRMAN, AVIATION * COAST GUARD AND MARITIME TRANSPORTATION HIGHWAYS AND TRANSIT cteongress of tbt Wntttb ~tatts 1!}ou9'e of 1L\epre9'entattbe9' mta~bington, 1!9CIC 20515-3002 The Honorable Tom Wheeler Chariman Federal Communications Commission 445 12th Street Southwest Washington, DC 20554-0004 Dear Chairman Wheeler: February II, 2014 ARMED SERVICES TACTICAL AIR AND LAND fORCES READINESS HOUSE PERMANENT SELECT COMMITTEE ON INTELLIGENCE TECHNICAL AND TACTICAL INTELLIGENCE TERRORISM, HUMINT, ANALYSIS AND COUNTERINTELLIGENCE (THACI) I am writing to express concern with the recent sales of small-market television broadcast stations in relation to spectrum speculation and to request information from the Federal Communication Commission (FCC) on the factors that are considered during the sale of a small-market television broadcast stations. As you well know, television stations in small-markets serve a critical and essential function for the public. With the recent sale of several small-market television stations (such as WYCN-TV in Nashua, NH and WMGM-TV in Atlantic City, NJ), concerns have been raised that the purchasers are not truly interested in serving the community or the survival of the station. Some have said the purchasers are accumulating small-market television stations only to speculate and profit from the spectrum available during the Broadcast Television Spectrum Incentive Auction. Should this be the case, it seems likely the speculator would sell the station immediately or even close the station post-auction. For that reason, I am requesting the following information from the FCC: • What criteria and procedure does the FCC utilize during the license transfer filing and approval process that identifies the intent of a purchaser as one intending to operate the station'/ • What criteria and procedure does the FCC utilize during the spectrum auction to mitigate against spectrum speculation? • What studies or evaluations has the FCC conducted regarding the potential effects of a spectrum auction (most specifically the Broadcast Television Spectrum Incentive Auction) upon television broadcast stations and the communities they serve? In addition, if such study or evaluation has been conducted, I am requesting the FCC please provide a copy with your reply. • What steps is the FCC taking to ensure there will be local news after the auction? • Does the FCC understand that it should allow Joint Sales Agreements (JSAs) and Shared Services Agreements (SSAs) for the purposes of continuing and providing expanded public services, such as news? Thank you for your prompt attention to this matter and please feel free to contact me or Jacob Schanzenbach at (202) 225-6572 if you should have any questions. I would appreciate it if you would notify me in writing with your responses to my questions. FAL:js MAYS LANDING OffiCE; 5914 MAIN STREET, SuiTE 103 MAYS LANDING, NJ 08330--1746 PHONE; (609) 625-5008 PHONE: (800) 471-4450 FAX: (609) 625--5071 PRINTED ON RECYCLED PAPER WAalfJNOJON OFFICE: 2427 RAYBURN HOUSE OFFICE BUILDING WASHINGTON, DC 20515-3002 PHONE: (202) 225-6572 FAX: (202) 225--3318 www.lobiondo.house.gov