Just How Voluntary is Senate Spectrum Bill

The Senate Commerce Committee adopted a bill (S.911) that would permit the Federal Communications Commission to auction television spectrum and share the proceeds with broadcasters who give up spectrum. But the bill’s intent — that broadcasters' participation in the so-called incentive auctions be voluntary — may be undermined by an amendment that was added by Sen Maria Cantwell (D-WA).

The Cantwell amendment states in part that "84 MHz shall be assigned via a competitive bidding process.” It's that "shall" that bothers broadcast lawyers and lobbyists. They believe the amendment, if it remains unchanged, directs the FCC to auction 84 MHz of broadcast TV spectrum even if that much spectrum is not voluntarily relinquished. It’s gotten the attention of the National Association of Broadcasters. "We want to make sure that voluntary stays voluntary,” says Dennis Wharton, NAB’s EVP for media relations. “Any provision that would force broadcasters to involuntarily relinquish spectrum would be strongly opposed by NAB,” he adds. According to Wharton, NAB is working with Cantwell to "clarify the amendment and to ensure that those stations choosing not to go out of business — along with the tens of millions of viewers that they serve — are held harmless by incentive auctions.” Some TV lobbyists say that Cantwell’s office has indicated it will fix the amendment. However, they also point out, the senator has so far made no move to do so.