Lawmakers staked claim to pet telecom issues, with bipartisan support emerging out of the gate for legislation forcing the Federal Communications Commission to exploit vacant broadcast guard-band spectrum for unlicensed wireless services, including Wi-Fi.
Sens. John Kerry (D-Mass.) and John Sununu (R-N.H.), both members of the Senate Commerce Committee, renewed efforts to free up broadcast “white space” for new wireless applications.
In announcing the reintroduction of the Wireless Innovation Act, Kerry took a swipe at the Bush administration and the president’s vow several years ago to make affordable, universal broadband access a reality by 2007.
“At a time when the U.S. is lagging behind much of the world in broadband penetration-and more than 60 percent of the country does not subscribe to broadband service primarily because it is either unavailable or unaffordable-this legislation would put this country one step closer to achieving ubiquitous broadband Internet access throughout America,” Kerry said.
Warning shots fired at FCC
The measure, a replica of legislation backed by Kerry and a bipartisan group of lawmakers last year, would require the FCC to allow license-free use of unassigned broadcast spectrum between the 54 MHz and 698 MHz band within six months after enactment.
The FCC last October took steps to unleash white space-spectrum historically designed to protect TV transmissions from interference-but the agency left unsettled whether vacant broadcast frequencies would be made available on an unlicensed or licensed basis. The agency is scheduled to receive public comment on the matter later this month.
“This administration has pledged ubiquitous broadband access by 2007, but has taken few concrete actions to achieve that goal,” Kerry stated. “On the contrary, the Federal Communications Commission seems intent to inexplicably drag its feet on this measure-despite broad bipartisan support in the Con-gress, as indicated by the Senate Commerce Committee’s unanimous acceptance of a similar measure last year.”
Sununu, a fellow New England lawyer with a conservative bent, said he intends to introduce “white space” legislation.
“Most of the time, government’s best option for promoting technological innovation is to get out of the way. In this case, government can actually help by unlocking spectrum that is currently unused,” said Sununu.
Sununu said unassigned portions of the broadcast spectrum could improve the quality of Internet services for consumers across the country.
Sununu also put the FCC on notice it should steer clear of making technology choices for industry.
“The FCC seems to be under the belief that it should occasionally impose technology mandates,” said Sununu. “These misguided requirements distort the marketplace by forcing industry to adopt agency-blessed solutions rather than allow innovative and competitive approaches to develop.”
Sununu cited as an example the video flag, a mechanism that can be imbedded in broadcast signals to prevent copyright infringement. The New Hampshire Republican noted that interest groups are now pushing for an audio flag mandate as well.
“Whether well-intentioned or not, the FCC has no business interfering in private industry to satisfy select special interests or to impose its own views,” Sununu said. “My legislation will ensure that decisions about the design and development of products and services to meet FCC rules are made by technology experts, not government regulators.”
“We do not comment on pending legislation,” said Clyde Ensslin, an FCC spokesman.
Major telecom reform unlikely
Key Democratic lawmakers have yet to clearly signal their intentions regarding telecom reform legislation, the vehicle used by the cellphone industry last year for language expanding federal pre-emption of state regulation.
Instead, Sens. Byron Dorgan (D-N.D.) and Olympia Snowe (R-Maine) fired the opening salvo in a net neutrality debate that has the potential to dominate the spotlight this year. Net neutrality advocates like Dorgan and Snowe have far more firepower and leverage as a result of the Democratic gains in last year’s mid-term elections. Key Democrats support net neutrality.
As such, the mobile-phone industry could face an uphill battle getting lawmakers to focus on federal pre-emption-its top policy priority. Worse, cellular carriers could be forced to play even stronger defense on the net neutrality front.
“The wireless industry is very concerned that the proposed net neutrality regulations being contemplated will drive away the investment the industry needs to continue building the infrastructure, design the devices and operate the evolving networks needed to sustain consumer demand for more advanced mobile services,” said Steve Largent, president of cellphone carrier association CTIA, in Senate testimony last May. “The industry is also concerned that many of the unintended consequences that would flow from some of the net neutrality regulations being considered would have a particularly negative impact on wireless consumers . The Internet, like the wireless industry, has never stopped growing and evolving. There is no reason to restrict the growth or evolution of either, unless and until a real marketplace failure is identified.”
Public-safety push
Meantime, the new Congress is pushing bills to improve public-safety communications interoperability.
One initiative, included in a comprehensive bill to implement recommendations of the 9/11 Commission, would create a distinct grant program within the Department of Homeland Security dedicated to improving first responder communications. The House passed 9/11 legislative package last week.
It is unclear how the measure will impact existing DHS efforts to upgrade public-safety wireless interoperability, a weak link highlighted in the immediate aftermath of the Sept. 11, 2001, terrorist attacks. While the DHS has awarded nearly $3 billion in public-safety interoperability grants to date, a new department report reveals most of the country still lacks the capability and overall infrastructure to enable police, firefighters, medics and others to communicate amongst themselves during emergencies.
The National Telecommunica-tions and Information Administra-tion is under orders from Congress to disperse by Sept. 30 all of the $1 billion earmarked for public-safety interoperability grants under its purview. NTIA has yet to award any grants.
