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Senate action could allow broadcasters to keep 700 MHz spectrum indefinitely

WASHINGTON-The 700 MHz spectrum situation just got worse. The Senate Commerce Committee voted 13-9 Wednesday to possibly never require TV broadcasters to return spectrum in the 700 MHz band.

“The Federal Communications Commission may waive the requirements (to return the spectrum) . to the extent necessary to avoid consumer disruption while maximizing the ability of relevant public-safety entities to use such frequencies in the affected designated market areas,” reads an amendment by Sen. Conrad Burns (R-Mont.), chairman of the Senate Commerce Subcommittee. Burns is a former broadcaster.

Sen. Fritz Hollings (D-S.C.), ranking member of the Senate Commerce Committee, said criticism of the Burns amendment was not justified. “What you call a loophole we call flexibility,” said Hollings.

Sen. John McCain (R-Ariz.), chairman of the Senate Commerce Committee, said the Burns amendment is worse than the current rules, which require broadcasters to return the extra spectrum they were given to transition to digital TV when 85 percent of the viewers in their broadcast area can receive a digital signal or Dec. 31, 2006, whichever is later.

McCain, a consistent critic of the National Association of Broadcasters, said the amendment to his comprehensive public-safety bill showed how a powerful special interest could trump public safety.

McCain Tuesday introduced the Save Lives Act, setting a 2009 hard date to end the DTV transition. The Save Lives Act-spectrum availability for emergency response and law enforcement to improve vital emergency services-will now probably not be considered by the Senate, said McCain. Instead, McCain told reporters he will try to set a hard date to the DTV transition by amending legislation resulting from the 9/11 Commission Report.

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