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Inslee Ready to Push Bill if FCC Doesn’t Act on White Spaces

Rep. Jay Inslee, D-Wash., said Tuesday he would be willing to withdraw legislation that would force the FCC to act on an order opening the white spaces to unlicensed use, if the FCC moves forward without a congressional push. But Inslee said he’s ready to revive his bill if the commission doesn’t move quickly to approve a white spaces order. FCC Chairman Kevin Martin had indicated a vote could come as early as the October meeting, which hasn’t been scheduled. Martin has since indicated a vote may have to be pushed past month’s end (CD Sept 27 p1).

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In March, Inslee and Rep. Nathan Deal, R-Ga., introduced legislation that would force the FCC to complete its white spaces proceeding and issue a final order before Oct. 1 -- a goal the FCC didn’t meet (CD March 21 p3). Inslee spoke at a white spaces forum sponsored by the New America Foundation and the Information Technology & Innovation Foundation. “We'd like the FCC to move, obviously. This is a kick start, a spark, an ignition, an encouragement for the FCC to move as rapidly as possible,” Inslee told us. Legislation “is a route we would go down if the FCC backs down and does not act.”

Inslee said he hasn’t spoken with Martin or other commissioners recently but believes the FCC is moving in the right direction. “I think the commission understands the technological opportunity here,” he said. “I think it understands the need to look at a technological solution. I think we're heading in that direction… If they get the job done that will be fine with me.”

Inslee sees use of the white spaces as offering a way to slow global warming. “One of the pivotal things that we need to develop is an interconnectivity between all of our appliances in our homes and businesses and our utilities so that we can eventually start regulating use of our electrical grid in a way that will save electricity,” he said. “If we're having too much demand on the grid at a certain time we can have a connection with your water heater to sort of slow down your water heating.” He added: “What do you need to do that? You need spectrum and you need white spaces.”

Speakers at the forum supported opening the white spaces to unlicensed use, a stance consistent with positions taken by both organizations.

“We have all of this spectrum that is a very valuable resource for innovation and new services, which really could be used, and right now it’s not being used,” said Robert Atkinson, president of the information technology foundation. “Our argument is we leave some of this spectrum… to be unlicensed we will open up an enormous amount of innovation.” Allowing unlicensed spectrum elsewhere has allowed for the development of everything from cordless phones to wireless baby monitors, with new uses continuing to come online, he said.

Peter Tenhula with Shared Spectrum said his company is developing a device to run in the white spaces without interfering with TV broadcasts. Tenhula said developing the technology or the device isn’t the biggest issue. “The question is how safe and at what cost,” he said. “That’s really what it boils down to is how strict the FCC will be. They could be very, very strict and you're talking about $600, maybe $1,000 devices,” which he said wouldn’t be commercially feasible. Tenhula said he hoped the FCC would provide additional time before finalizing rules so there is a chance to get other devices evaluated.