Reclassification and Spectrum Hot Topics at FCC Budget Hearing

At a House Appropriations Committee hearing on the Federal Communications Commission's FY 2011 budget, FCC Chairman Julius Genachowski fielded lots of questions on the FCC's plan to reclassify broadband, saying he was willing to work with stakeholders to find the best way forward, which he continued to argue was his proposed "middle ground" between onerous regulation and doing nothing.

Subcommittee Chairman Jose Serrano (D-NY) asked Genachowski when he thought the FCC could put the reclassification issue behind it. The chairman did not provide a timetable but said the commission would not put broadband plan implementation on hold while it resolves the question of its authority over broadband access.

Rep John Culberson (R-TX) said he would introduce an amendment to block the FCC from reclassifying broadband under Title II. Media Access Project quickly weighed in against such a move. "Use of the appropriations process to block FCC efforts to clarify its authority over broadband transmission would be disastrous for the future of public access to the open Internet," said MAP associate director Matt Wood.

Chairman Genachowski asked Congress for help in reclaiming broadcast and other spectrum for mobile broadband. The chairman promised to take "full account" of over-the-air viewers, and continued to maintain that the plan would be a win-win-win (for broadcasters, viewers and the government), but said the government needs to move fast to head off a spectrum crunch. Congress needs to approve the FCC's plan to use some of the proceeds of that auction to compensate broadcasters for giving up spectrum. While much of the broadband plan the FCC can do on its own, spectrum reclamation is one of the things that Congress needs to weigh in on as well.