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Holding on at 700 MHz

Oh to be a TV broadcaster. Just when you think all is lost, the dice roll your way, yet again.

All summer, it appeared that TV broadcasters were going to have to give up some spectrum at 700 MHz-eventually. And while “eventually” looked like it was still looming in the distant future, it appeared the powerful broadcast lobby would not sway Congress as easily as it had in the past.

The FCC’s Media Bureau had drafted a plan to force broadcasters to give up spectrum by 2009. (Still five years away.) But that firm 2009 date was still better than the law reads today, where TV broadcasters have to meet some convoluted formula before letting go of the spectrum.

Then, the 9/11 Commission Report urged Congress to support legislation that would give public-safety agencies their 24 megahertz of 700 MHz spectrum by Jan. 1, 2007. The rhetoric was getting stronger: Three years after Sept. 11, 2001, and first responders still had no access to 700 MHz spectrum. Five percent of the nation’s TV broadcasters were holding the nation hostage. Finally the powerful Sen. John McCain (R-Ariz.) said he would introduce legislation called the Save Lives Act, which would force TV broadcasters to give up channels at 700 MHz to public safety by 2009. As a side note, public safety was promised this spectrum in 1997.

The wireless industry has been told the other 36 megahertz of 700 MHz spectrum would be available for auction, and at one point, the FCC was ready to auction off that spectrum, even though no one knew when successful bidders would get it. While 700 MHz would be great spectrum for commercial wireless services, industry has always been a little suspicious about the frequencies since there has been no firm date attached to when they could be auctioned off.

Their suspicion is warranted. Montana Sen. Conrad Burns, a former broadcaster himself, got another loophole included in an amendment to McCain’s bill that says some broadcasters may not ever have to turn over their spectrum! Like manna from heaven. Commercial wireless is likely to get the short end of the stick before all is over at 700 MHz.

McCain is so disgusted with the amendment he now doesn’t want his bill to pass and is considering another route.

Sen. Fritz Hollings (D-S.C.), ranking member of the Senate Commerce Committee, said the amendment just allows a little flexibility.

Thank goodness, because the broadcast lobby needs a little more flexibility on this matter. Maybe, just to help them out a little more, someone could introduce another amendment that guarantees TV broadcasters will turn over channels at 700 MHz when hell freezes over.

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