Markey Bill Would Codify ‘Voluntary’ Spectrum Exchange
A draft spectrum bill by Rep. Ed Markey, D-Mass., emphasizes that it should be entirely voluntary for broadcasters to give up spectrum. As reported (CD May 27 p10), the bill would codify the National Broadband Plan goals of making 500 MHz of spectrum available over 10 years for wireless broadband, 300 MHz of it within five years, and amend Section 309(j)(8) of the Communications Act to set up incentive auctions under which the government could split auction proceeds with broadcasters that give up spectrum. An eight-page draft we received uses the word “voluntary” and variants of it nine times.
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The Markey draft bill makes clear that broadcast spectrum should be given up only voluntarily, and nothing in the bill is meant to encourage the FCC to reclaim frequencies from broadcasters on an involuntary basis, a House staffer confirmed Friday. The bill may be introduced in June, but the timing isn’t set, the staffer said.
The draft bill would require a report to Congress by the FCC and the NTIA administrator. The study would give a 10-year assessment of spectrum requirements for commercial mobile services, unlicensed use, public safety and other public and private uses. That would include a plan for “ensuring at least 20 MHz of nationwide allocated unlicensed spectrum.” The study would assess spectrum efficiency that could be gained through federal government use of radio-receiver technologies, commercial services and sharing of frequencies. The report would discuss what actions are necessary to meet the broadband plan’s five- and 10-year spectrum goals, to encourage broadcasters to voluntarily give up spectrum and to spur a “vibrant, competitive media marketplace."
CTIA backs efforts in the draft and the broadband plan “to bring significant amounts of spectrum to market,” said Jot Carpenter, vice president of government affairs. “We are not concerned that Markey’s draft envisions voluntary relinquishment by the broadcasters. We have not suggested otherwise.” CEA supports the bill as another “marker,” like the broadband plan, “for using our nation’s spectrum more efficiently,” said a spokeswoman. “CEA has long-supported allocating more spectrum for wireless broadband uses.” NAB didn’t comment.
Markey played a big role in 1993 legislation that enabled the FCC to auction spectrum for the first time. That law, the Omnibus Budget and Reconciliation Act, also included language giving NTIA a deadline for coming up with 200 MHz of spectrum that could be re-auctioned.