Rep. Frank Pallone (D-N.J.), who has long pushed Congress to hold viewers harmless in the post incentive auction repack, has introduced a bill to make sure the moving expenses of TV stations (and affected FM stations and MVPDs) are covered, given the initial broadcaster estimates of $2.1 billion in expenses and Congress' set-aside of only $1.75 billion.

The Viewer Protection Act would establish a $1 billion "emergency fund," if needed, to fund a $90 million viewer outreach effort, given that most of 1,000 stations are moving channels -- some likely twice -- in a 10-phase transition.

Any money left over could be used to help low-powers (including translators), which are not protected in the repack.

At his nomination hearing this week, FCC chair Ajit Pai said the FCC had estimated the $1.75 billion would not be enough, so that if Congress wants to hold TV stations harmless -- Pallone is more focused on viewers -- Congress would need to step in.

The bill would also give the FCC's Media Bureau the flexibility to modify the transition periods for the phased transition so stations would not go dark to viewers for reasons outside their control.

“The FCC’s incentive auction was the second largest auction in history, and the result of years of successful work,” Pallone said in a statement. “But with an anticipated shortfall of more than a quarter billion dollars for repacking, it’s time for Congress to step in to make sure that no viewers lose their signal. I understand how important it is to have access to local news and information — especially during an emergency. That’s why the Viewer Protection Act provides additional funding and ensures consumers will understand the coming changes, so that no consumer will be left in the dark when stations change channels. At the same time, our bill will ensure consumers of mobile broadband reap the benefits of the incentive auction as soon as possible.”

FCC chair Ajit Pai told the Senate Commerce Committee Wednesday (July 19) that while the initial $2.1 billion estimate from broadcasters for covering their moving costs could go up or down, the FCC does not believe the $1.75 billion Congress set aside for the post-incentive auction repack will be sufficient. 

Testifying at his re-nomination hearing, Pai said that while the estimates could go down or up, he thought the actual cost would wind up being more and that, to hold broadcasters harmless in the move, Congress would need to provide more funds.

That came after Sen. Jerry Moran (R-Kan.) asked whether, given the initial estimate, there would be enough money or there would be a shortfall.

The estimates are what broadcasters have requested. The FCC will vet those requests and decide according to a congressional mandate to cover reasonable repack-related expenses — what and how much to cover. There could also be some tweaks that reduce the potential moving costs some stations have initially submitted as well as additional asks from the stations and MVPDs yet to weigh in.

Moran also asked whether the 39-month TV station repack timeline was sufficient. Pai said he did not yet know, but would keep the committee informed.

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.