WASHINGTON—Sen. Gordon Smith (R-Ore.) is expected to introduce telecom reform legislation, dubbed the Broadband for America Act of 2006, meant to jumpstart discussion in the Senate by combining five already-introduced bills. One existing bill calls for using TV white spaces for unlicensed use, another allows municipalities to deploy their own broadband infrastructure and a third would create a broadband-grant program using universal-service funds.
“Leaving outdated laws on the books stalls job creation and inhibits the introduction of wireless technology that can be utilized in parts of America today’s technology will never reach. Today’s laws choke job creation with regulation and hold back innovation that proves time and time again to improve consumer’s options,” said Smith.
Following an appearance at the National Telecommunications Cooperative Association breakfast, Smith said his bill has support of most of the Senate Commerce Committee. “I think there is a real consensus developing on the topic,” he said.
Support for Smith’s bill comes from combining the ideas of his Universal Service for the 21st Century Act, which he introduced along with Sen. Byron Dorgan (D-N.D.); the Wireless Innovation Act by Sen. George Allen (R-Va.); the Anti-Deficiency Act by Sen. Olympia Snowe (R-Maine); the Community Broadband Act by Sens. John McCain (R-Ariz.) and Frank Lautenberg (D-N.J.); and the Video Choice Act Smith introduced with Sen. Jay Rockefeller (D-W.V.).
Smith does not see his bill as a rival to one expected from Sen. Ted Stevens (R-Alaska), chairman of the Senate Commerce Committee, but stressed that his bill “draws on the best thinking of my colleagues.”
On the House side, the House Commerce Committee is scheduled to mark up its telecom reform bill Wednesday.
On the TV white space issue, Smith is clearly frustrated with the Federal Communications Commission, which began examining whether unused channels in the TV band could be used for unlicensed wireless services more than two years ago. “We have asked them to, we have encouraged them to, now we are going to tell them to,” he said. The Smith bill would give the FCC six months to develop rules to use the TV white spaces for unlicensed services.
The New America Foundation, a think tank that has led the charge to make the TV white spaces available for unlicensed uses, estimates that between 40 percent and 80 percent of the TV spectrum would not be used once the transition to digital TV is completed. While the TV white-space allocation is not expected to be nationwide—since different channels are available in different TV markets—the concept would be the same across the country.
Proponents of allocating the TV white space for unlicensed use have said it would help meet President Bush’s goal of universal, affordable broadband by 2007. Proponents believe that smart radios would ensure the TV white spaces can be used without causing interference to adjacent TV channels—but the TV industry disagrees claiming that interference concerns have not been adequately studied.
By including the Lautenberg/McCain municipal-broadband bill, Smith indicated he understands that sometimes the private sector will not offer broadband service. The Smith bill tweaks the Community Broadband Act of 2005 by offering incentives for public-private partnerships. The municipal broadband provision is meant to ensure that no state prevents a municipality from offering high-speed access to its citizens.
The Smith broadband bill also creates a $500 million program for one-time grants to deploy broadband. Wireless carriers would be eligible to receive those grants, Smith told reporters.
All two-way voice services would contribute to the universal-service fund regardless of whether they are classified as telecommunications or information services, but the FCC would be given some discretion to decide whether low-income and low-volume users should make the same contribution as other users.
