WASHINGTON-The U.S. Senate Wednesday sacrificed commercial-spectrum users in an attempt to require TV broadcasters to give back spectrum in the 700 MHz band if public-safety shows a bona fide need for it.
“This compromise amendment modifies my proposal by eliminating the requirement that all broadcasters vacate the analog spectrum by a date certain. Significantly, the compromise still provides the certainty public safety was seeking that they will receive the spectrum they were promised in 1997, by Jan. 1, 2008,” said Sen. John McCain (R-Ariz.), chairman of the Senate Commerce Committee, on the Senate floor. “I have never believed in treating broadcasters differently. However, this amendment does so by requiring broadcasters on channels 62-69 to vacate their spectrum if there is a bona-fide request by public safety.”
McCain started the debate about setting an end date to the digital TV transition by offering his Saves Lives bill to the Senate legislation resulting from the 9/11 Commission Report.
“We said we would act one way or another on all 41 recommendations. This addresses one of the recommendations,” said McCain, noting the amendment was supported by the 9/11 Commission. “What we are talking about is addressing not only the expedited but increased assignment of spectrum to first responders.”
McCain acknowledged his amendment was controversial-without saying it had been gutted by the Commerce Committee last week-and signaled he was willing to compromise. A short time later, Sen. Conrad Burns (R-Mont.), chairman of the Senate communications subcommittee and a former radio broadcaster, offered an amendment.
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“The Federal Communications Commission may waive the requirements to return the spectrum … to the extent necessary to avoid consumer disruption but only if all relevant public-safety entities are able to use such frequencies free of interference by Dec. 31, 2007, or are otherwise able to resolve interference issues with relevant broadcast licensees by mutual agreement,” reads the amendment.
The amendment passed by voice vote after McCain urged the FCC to go forward with plans to hasten the DTV transition.
“The FCC can remedy this discriminatory treatment by completing its work toward ending the DTV transition. I urge the FCC to do so,” said McCain.
FCC Chairman Michael Powell plans to present for a vote at either the November or December FCC meetings a plan to set an end date for the DTV transition in 2009 but FCC Commissioner Kathleen Abernathy Thursday morning said she has yet to see the plan in writing.