Legislation begins on the next great spectrum shift

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By Tim Conneally, Betanews
Our appetite for mobile broadband is huge, and FCC Chairman Julius Genachowski recently warned of a "looming spectrum crisis" where we cannot accommodate our traffic if we don't significantly expand our commercial wireless footprint. As we saw with the 700 MHz and AWS blocks, the process of assessing, vacating, licensing, and repopulating wireless frequencies takes many years.
This morning, the House Subcommittee on Communications, Technology, and the Internet gathered for a hearing about HR 3019 and HR 3125, two bills that aim to speed up the inventory and re-allocation of spectrum so we can be ready to accommodate the explosive growth of consumer mobile broadband.
Steve Largent, President and CEO of CTIA - The Wireless Association today said that there is less than 500 MHz of spectrum available for commercial deployments, and that the demand is expected to exceed 1300 MHz.
"The two bills that we're looking at today are kind of the beginning of the process and the end of the process," Largent said. "The spectrum inventory bill looks at the possible spectrum that's out there, how it's being used, and what spectrum could be identified for higher and better use, perhaps. [The other bill] comes in at the end of the process and says 'here's a more orderly fashion to move the current spectrum holders to their new spectrum,' and do it in a more efficient and effective way, and do it faster."
The need for more commercial spectrum was widely agreed upon among those present in the hearing today; so much so, that Congressman Steve Buyer (R - Ind.) joke, "I didn't hear any good...or even not-so good constructive criticism of our bill...this might be the first hearing in American history where there isn't any constructive criticism, so this is quite an achievement!"
"We recognize that there will be critics," Largent said. "They will claim that carriers should be more efficient with the spectrum already available, that we can build our way out of the problem, or that we have already seen an expansion in the amount of spectrum available for commercial services through the recent AWS and 700 MHz auctions. There are sound reasons why the subcommittee should dismiss these criticisms."
The critics -- specifically the broadcast industry, as well as service industry and military contractors -- did not dismiss the dire need for more commercial spectrum. However, they did present concerns for the next major shift in frequency allocation.
"Let's look at all bands and all services, including federal government bands. And let's view how each service is using its existing spectrum," said President and CEO of the National Association of Broadcasters, Gordon Smith (himself a former Oregon senator). "Our national priorities should recognize the value that free over-the-air broadcasting brings to every American. Broadcasting and broadband are not 'either/or' propositions as some have suggested; that's a false choice."
Ray O. Johnson, Senior Vice President and CTO of Lockheed Martin Corporation said, "I would like to raise a concern to the subcommittee regarding the possible misinterpretation of the legislation in two ways: One is the potential inadvertent message that is being sent to our allies in the international community given the scope of the frequencies being inventoried, and the provision requiring recommendation for re-allocation. The Department of Defense and the defense industry have worked hard to achieve an international spectrum harmonization to support allied interoperability. The other concern is the requirement for an annual review of spectrum. This review can create an impression of volatility and instability among spectrum allocations, thus impacting long-term research and development, acquisition, and the deployment of new systems and solutions. Suggestions of instability in spectrum access could result in a chilling effect in long-term technology investments."
Copyright Betanews, Inc. 2009

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