Here’s a little more on the two Senate bills authorizing unlicensed use of unused broadcast spectrum:
The text of Senator Stevens’ (R-AK) one page “American Broadband for Communities” bill is here. It seems to be pretty straightforward, giving the FCC 180 days after enactment to establish rules for unlicensed use of “[a]ny unused broadcast television spectrum in the band between 72 and 698 megaHertz, inclusive, other than spectrum in the band between 608 and 614 megaHertz, inclusive.”
Though I couldn’t find Senator Allen’s bill posted on the Senate web site, a news report suggests it is very similar to Stevens’ bill:
The Wireless Innovation Act specifically requires the Federal Communications Commission to permit unlicensed use of unassigned broadcast spectrum between 54 MHz and 698 MHz within 180 days of enactment.
Co-sponsors of Allen’s bill include Sens. John Kerry (D-MA), John Sununu (R-NH), and Barbara Boxer (D-CA).
Both bills were endorsed by Consumers Union and Free Press (see letters of support for Steven’s and Allen’s bill)
Jim Snider, Director of Research in the Wireless Future Program at the New America Foundation, has some informative background material on his personal blog. Noting that he’s “devoted a good portion of [his] life over the last three years to getting to this point,” Jim says “this development is very exciting, to say the least.”
In a new NAF issue brief, Jim makes some strong arguments in favor of unlicensed use of this spectrum. Though he’s raised most of them in previous papers and reports (some of which he lists on his blog), one struck me as new and particularly intriguing:
Allowing the Federal government to take control of local spectrum rights via a tacit form of eminent domain (that is no less consequential because it deals with the invisible airwaves rather than real property) and then give away those rights to a handful of the largest and most politically powerful companies in the U.S. (albeit in the name of “deregulation,” “spectrum flexibility,” “investment certainty,” and other Orwellian claims) should be an outrage to all Americans because it is a takings of their property without just compensation.
Though it seems likely that the bill will be opposed by broadcasters, licensed wireless service providers and probably cable and telco broadband service providers, it’s heartening to see Republicans and Democrats coming together to support what seems to be a very rational and productive use of underutilized spectrum. At the least, watching what happens to these bills in the weeks and months ahead will be a lesson in how Congress works (or doesn’t). If any IPD readers are close to the lobbying and negotiating action on either bill, you’re invited to send us an email and/or post a comment.
Mitch Shapiro at 2:21 AM|Comments(0)
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