House GOP Spectrum Draft Bill Would Protect Identities of Exiting Broadcasters

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A discussion draft of a new spectrum auction bill from House Communications Subcommittee chairman Rep. Greg Walden (R-OR a former broadcaster) does not prevent the Federal Communications Commission from compelling broadcasters to move from a UHF to a VHF channel assignment -- though it would require compensation -- and requires the FCC only make "reasonable efforts" to preserve their existing coverage areas. In that regard, the bill is similar to one already passed in the Senate Commerce Committee. Reps. John Dingell (D-MI) and Gene Green (D-TX) have introduced a bill that would provide stronger protections for broadcasters.

The draft, which the majority says incorporated input from ranking minority members of the committee as well as the FCC, keeps the identities of the broadcasters volunteering to give up some or all of their spectrum until they exit their spectrum to protect their ongoing business. The draft authorizes an "unspecified amount" of the auction proceeds to go toward "construction" of a public safety network on the 24 MHz of spectrum cleared in 2005 DTV transition legislation, but the summary does not say whether it auctions or allocates that spectrum, though Walden and other Republicans have argued it should be auctioned per that 2005 legislation's mandate and staffers in the memo said that FCC Chairman Julius Genachowski remains supportive of an auction.

Rep. Anna Eshoo (D-CA) and other Democrats on the House Commerce Committee have some concerns with the draft spectrum bill. The draft measure "is a starting point but includes provisions that Rep Eshoo and other Democrats will likely be unable to support," according to a House aide, who declined to outline their specific concerns. Rep Eshoo, the top Democrat on the Communications and Technology Subcommittee, however, and other Democrats are continuing to talk to GOP members in an effort to produce a bipartisan bill they can support, the aide added.

Harold Feld, legal director of Public Knowledge said:

“Until now, communications law has never been publicly put up for sale. This draft bill would do that by allowing broadcasters to choose which rules they will follow and which rules they won’t if they sell their broadcast spectrum at auction.

“Similarly, wireless companies would be relieved of even the most minimal existing Net Neutrality requirements if they purchase spectrum under these auctions.

“Finally, the innovation and experimentation we have seen through the use of unlicensed spectrum would screech to a grinding halt. Rather than have the FCC decide how much spectrum would be used for unlicensed uses, the draft bill would require a collective bid for unlicensed spectrum higher than bids for licensed uses. Given that unlicensed uses like Wi-Fi come from small and new companies, the future of new uses would be very bleak.”


House GOP Spectrum Draft Bill Would Protect Identities of Exiting Broadcasters Statement (Public Knowledge) The Spectrum Policy Time Machine (Public Knowledge blog) Democrats Have Concerns With House GOP Spectrum Draft (National Journal)