NAB Thwarting Return of Spectrum, McCain Says
Sen. McCain (R-Ariz.) blamed broadcasters for “thwarting” congressional efforts to pass legislation to set a date for return of analog spectrum -- as he introduced a bill Tues. setting Dec. 31, 2008, as the deadline. McCain’s bill, akin to legislation he introduced last year, would let public safety organizations to begin using 24 MHz of the spectrum Jan. 1, 2009, and require the FCC to auction recovered spectrum after Dec. 16, 2006, and before April 2, 2008.
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“It’s very important to point out a major factor in this spectrum not being turned over to public responders is the National Association of Broadcasters,” McCain told a news conference. “Everybody should recognize that they're an incredibly powerful lobby. Why they should not choose to act in the public interest is something that they will have to answer for.” McCain said in a statement his legislation last year was “thwarted” by the “powerful NAB.”
NAB Pres. Edward Fritts said in a statement the group is “committed to completing the digital transition in a timely fashion, including return of analog spectrum, and will work with Congress to ensure that millions of consumers are not left stranded by a premature end to analog broadcasting.” NAB also said TV stations provide valuable public services during terrorist attacks, hurricanes, tornadoes and other natural disasters.
CEA endorsed the legislation, saying, as it had of House draft DTV legislation, that a hard transition date would benefit consumers on balance. “We commend Sens. McCain and Lieberman for taking a pro-consumer approach -- - a hard cutoff date is critically important,” said Michael Petricone, CEA vp-technology policy. The group wouldn’t comment on the bill’s subsidy provision, an element many believe is politically essential to win passage. “We're not taking a position on subsidies,” he said.
The McCain bill would appropriate $463 million from analog spectrum auction proceeds for DTV converter boxes for low-income families. That would cover the cost of about 9.3 million converter boxes, using the $50 cost per box projected by the Govt. Accountability Office and others. Additionally, the FCC would get $5 million to run the program.
Unlike last month’s House Commerce Committee draft that mentioned nothing about tuner subsidies or converter box giveaways, the McCain measure defines a person “eligible” to receive a box as one “relying exclusively” on over-the-air broadcasts with a household income double the federal poverty threshold or less. Those eligible would apply to the FCC for a free box. Within 12 months of the bill’s enactment, the FCC -- working with commercial TV stations, consumer groups and others -- would have to finish a study of the geographic distribution of people eligible for subsidies as designated by Nielsen research. The FCC would use TV stations, grocery stores, electronics stores and post offices as distribution centers for the converter boxes, the bill says.
The McCain bill recognizes DTV tuner mandate deadlines set by last week’s FCC order for sets 25” and larger (CED June 10 p1). But on sets 13” and larger, it would establish a final date of March 1, 2007. The final cutoff on the books is July 1, 2007, for all remaining sets. But the Commission, in a further notice of proposed rulemaking, is seeking comments about advancing that deadline to Dec. 31, 2006. Meanwhile, the House Commerce Committee draft would set that date at July 1, 2006.
But McCain said Congress must move quickly to return spectrum so it is available to “first responders” who need effective communication during a crisis. He noted the 9/11 Commission final report cited sad examples of failed communication that caused deaths when command centers couldn’t reach firefighters inside the Twin Towers with evacuation orders. “The commission recognized that Congress should accelerate the process,” he said, adding “it’s hard to believe it’s taken this long.”
“It’s time to act,” McCain said, saying he plans to work with House Commerce Committee Chmn. Barton (R-Tex.) and Senate Commerce Committee Chmn. Stevens (R-Alaska) who have bills of their own. “I know I have to act. When I was chairman of the Commerce Committee is when this issue came up. I've been involved ever since the 9/11 recommendations came out, and I'm not abandoning them just because I'm not the chairman of the commerce committee anymore.” McCain also said he thinks the DTV legislation has a strong chance of passing this year.
The High Tech DTV Coalition praised the legislation, saying it “represents the growing consensus on Capitol Hill around this end date for the DTV transition, which will free these air waves for exciting new wireless broadband services,” according to Rhett Dawson, pres. of the Information Technology Industry Council and coalition member.
The Assn. of Public-Safety Communications Officials (APCO) International and several public safety and law enforcement groups issued a statement backing the McCain bill. “This important legislation is critical to meet the requirements of our nation’s first responders,” the statement said, urging Congress to act quickly to approve the bill. Also commending the legislation was Progress & Freedom Foundation Pres. Ray Gifford: “It is imperative that this spectrum is freed, for new consumer broadband services and other reasons.”