Commerce Committee prods DoC, OMB on AWS spectrum relocation progress

House Commerce Committee leaders wrote the heads of the Department of Commerce and the Office of Management and Budget requesting by the end of next week the first progress report on implementation of a 2004 law that streamlined reimbursement of federal agencies whose communications systems were relocated from 1700 MHz spectrum that was redesignated for the advanced wireless services auction.
“The bids in the AWS auction were predicated on the information furnished to potential bidders by the agencies, and most importantly, on the agencies’ commitment to vacate the frequencies on a very specific timetable. Permitting any agency to delay its relocation efforts beyond the date to which it committed prior to the commencement of the auction would undermine the efficacy and the integrity of the auction process,” stated House Commerce Committee lawmakers in a letter to Commerce Secretary Carlos Gutierrez and outgoing OMB Director Rob Portman. “We are extremely concerned about this potential and ask your help and cooperation to ensure that this unsatisfactory result is not permitted to occur.”
The relocation of federal agencies’ systems in the 1710-1755 MHz band will be underwritten by $1 billion of the $13.7 billion paid for AWS licenses at auction conducted by the Federal Communications Commission last year.
An OMB relocation report to Congress was approved by lawmakers on March 19, and the House Commerce Committee leadership said they understand administration budget officials transferred funds to each of the 12 affected agencies on March 26. The money transfer triggered the relocation timeframes specified in OMB’s report to Congress.
Relocation timeframes range from 12 months for some wireless systems of the Department of Energy and U.S. Postal Service to six years for certain links operated by the DoE and the Department of Defense.
Lawmakers directed Gutierrez and Portman to deliver the first relocation status report by July 13, followed by updates on Oct. 12 and Jan. 11. Portman, owing to his recently announced resignation, likely will not be at OMB in the fall. President Bush wants to fill the vacancy with former House Budget Committee chairman Jim Nussle (R-Iowa), who is out of Congress and lost a 2006 gubernatorial bid.
“We . remind the agencies of their responsibility to coordinate in good faith with AWS licensees prior to relocation, as was intended by CSEA (Commercial Spectrum Enhancement Act) and outlined in the April 2006 joint public notice issued by FCC and National Telecommunications and Information Administration,” House lawmakers stated. “Bidders who paid the U.S. government billions of dollars for licenses are entitled to make use of these frequencies as long as there is no harmful interference demonstrated.”