The House Commerce Committee’s Communications and Technology Subcommittee held an oversight hearing on the Federal Communications Commission’s implementation of provisions of the Middle Class Tax Relief and Job Creation Act which authorized broadcast spectrum incentive auctions. Lawmakers and witnesses all agreed on the importance of the auction, which could be the last time that a significant amount of low-frequency spectrum becomes available. Low-frequency spectrum is particularly valuable because it is able to travel farther and penetrate walls. Gary Epstein, the co-lead of the FCC's Incentive Auction Task Force, said the FCC is still planning to hold the auction by 2014, but he expressed little confidence that the agency will meet the goal.
Subcommittee Chairman Greg Walden (R-OR) said the key to getting the auction right for broadcasters and wireless companies is that broadcasters exiting the business should get market value for their stations, that broadcasters remaining in the businesses get certainty about their continued viability, and that wireless companies be "courted as participants not subjected to economic manipulation." Chairman Walden said that certainty for broadcasters means they will not be interfered with by stations in Canada and Mexico, and that the FCC should take into account unique challenges like those of low-power translators, which boost TV signals over tough terrain to hard-to-reach places.
Officials from AT&T and T-Mobile offered competing plans for how the FCC should structure its auction of spectrum licenses. Joan Marsh, AT&T's vice president of federal regulatory affairs, argued that the FCC should allow "unfettered participation" by all qualified bidders. She argued that unrestricted competition for the spectrum is the only way to maximize the government's revenue. But Kathleen Ham, T-Mobile's vice president of federal regulatory affairs, warned that the auction is the government's "last, best chance" to prevent Verizon and AT&T from dominating the wireless industry. Republicans on the subcommittee largely sided with AT&T's call for few limits on auction participation, while Democrats encouraged the FCC to use the auction to promote industry competition. Democrats also argued that the FCC should set aside a large amount of spectrum for unlicensed use.
Rick Kaplan, executive vice president of strategic planning for the National Association of Broadcasters, argued that the FCC should ensure that TV stations that choose not to participate in the auction do not have to bear any of the costs of the subsequent reshuffling of frequencies. Preston Padden, the executive director of a group representing TV stations that want to sell their licenses, urged the FCC to pay the broadcasters based on the value of their spectrum, rather than the value of their business.
For more on the hearing, see http://benton.org/node/156171