TV broadcasters on channel 6 can breathe a a little easier, at least temporarily. The FCC has decided to defer a decision on scrapping its rules requiring low-power FMs and noncommercial educational (NCE) FMs to protect TV channel 6 from interference. 

The FCC had proposed doing so as part of an FM radio rule update approved this week, but decided to hold off. 

The Notice of Proposed Rulemaking the FCC had teed up for a vote proposed to eliminate the TV channel 6 distance-separation rules for LPFMs, NCEs and FM translators after the LPTV digital transition and, in the interim, to allow them to seek waivers of those distance separations. 

But the FCC is also seeking comment on the use of channel 6 for analog audio services after the DTV transition and said that could have implications for the protection requirements.  

The FCC said after it has collected that comment it will be in a better position to decide about lifting the distancing separations, so will not lift the distancing rules but will allow for the case-by-case waiver process. 

Broadcasters had asked that those waiver applicants be required to serve notice on stations, which the FCC agreed to require. 

But given that the FCC is still proposing to lift the distancing requirement eventually, it said it would exempt reserved band LPFMs and Class D stations from the ch. 6 protections if the stations involved agreed.

Cable operators could have a fight on their hands as the FCC prepares to rethink its leased-access rules.

Low-power TV stations have said that will be one of their battlefronts to try to get more respect for their signals — and more carriage from multichannel video programming distributors (MVPDs). The other front is the must-carry/retransmission-consent regime from which lowpower TV outlets are excluded.

“There is case upon case of the cable MVPD denying must-carry claims, and then attempting to force leased-access contracts,” LPTV Spectrum Rights Coalition executive director Mike Gravino told The Wire.

MVPDs are under no obligation to carry LPTVs. But Gravino’s beef goes beyond that. He also called it discrimination that MVPDs offer zero-cost leased-access contracts to networks they want to air, but not to local LPTVs. Look for the coalition to pull out the “gatekeeper” epithet MVPDs have been saddled with by backers of tough net-neutrality rules.

“The MVPD uses public rights of way, and Congress gave them special powers over local content,” Gravino said.

Not looking to engage in an LPTV war, of words or otherwise, NCTA–The Internet & Television Association said: “We commend the FCC for moving to re-examine some of its leased-access rules. The rule changes adopted by the FCC in 2008 have never taken effect, having been both stayed by the courts and disapproved of by OMB. Meanwhile, the video marketplace of competitive multichannel video programming distributors and online video is vastly different from what existed a decade ago, much less from when Congress adopted the leased-access requirements.”

The Advanced Television Broadcasting Alliance said Microsoft's push for reserving channels in the broadcast band for unlicensed use as a way to promote rural broadband would "destroy" hundreds of its member LPTV and translator stations.

That is because those stations are not protected in the TV station repack. They can get new channels only if there are ones left over after full powers have been accommodated. So the fewer remaining channels exist, the more LPTVs and translators will be left homeless.

Related: Microsoft Claims Rural White Spaces Plan Could Cost Less Than $12 Billion

The ATBA said its members will be able to help advance the rural broadband cause if they are allowed to find as many new homes as possible without Microsoft getting first dibs on some of them.

Microsoft president Brad Smith this week outlined the company's proposal for more access to so-called "white spaces' in a speech in Washington.

The ATBA wants the FCC to let the 39-month repack and displacement window for LPTVs and translators to play out first.

"Once all existing broadcast licensees and previously approved construction permit holders have been granted their Congressional authorized rights of displacement, the available spectrum for TV White Space users will be known nationwide," the group said. "There is a synergy of opportunity for broadcast television stations and Microsoft to work together to bring about this ambitious goal. After years of being stranded behind an obsolete digital television standard, the broadcast industry and the Federal Communication Commission is nearing final approval of the new ATSC 3.0 broadcasting standard that is fully IP based and provides both mobile and fixed reception. TV White Space is an excellent partner to ATSC 3.0 services, but is no replacement for its powerful licensed capabilities."

The National Association of Broadcasters pointed out this week in pushing back on the proposal that Microsoft's successful push for white spaces channels following the 2009 DTV transition has yet to bear fruit.

"It's the height of arrogance for Microsoft — a $540 billion company — to demand free, unlicensed spectrum after refusing to bid on broadcast TV airwaves in the recent FCC incentive auction," NAB spokesman Dennis Wharton said. "Microsoft's white space device development has been a well-documented, unmitigated failure.