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Unlicensed Spectrum Approach Divides Eshoo, Walden

House Communications Subcommittee leaders are at odds over the right approach to unlicensed spectrum as the subcommittee continues negotiations on spectrum legislation, without a clear picture of when a markup will happen. Ranking Member Anna Eshoo, D-Calif., pushed Wednesday for more unlicensed spectrum to be released. But Chairman Greg Walden, R-Ore., questioned giving spectrum away for free. Unlicensed spectrum is “one of the most important issues in the continued negotiations over spectrum” in the committee and the Joint Select Committee on Deficit Reduction, a Democratic House staffer said.

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"With some estimating the economic value of unlicensed spectrum at $16 billion to $37 billion per year, we can’t overlook both the short-term and long-term benefits of preserving unlicensed spectrum, particularly in the prime television bands,” said Eshoo. “The possibilities for new and innovative, unlicensed applications and services in the ‘TV white spaces’ are limitless, from ‘Super Wi-Fi’ hotspots that could establish wireless broadband in rural America, to smart grid communication and access to patient records in hospitals.”

But Walden countered Wednesday that companies should pay for spectrum. “Unlicensed spectrum certainly has its place, and throughout the negotiations on spectrum reform, it has always been clear that unlicensed spectrum will remain available and may even increase,” Walden said. “In addition to the white spaces, there is more spectrum available today for unlicensed use than licensed spectrum available for all the commercial wireless providers combined. The question is whether we should give away billions of dollars’ worth of this particular spectrum, especially if we are spending taxpayer money to relocate broadcasters and government users to clear it in the first place.” If unlicensed is worth as much as advocates say, “is it unrealistic to ask them to compensate taxpayers for it at a time when we are trying to dig out from the deficit?” Walden asked.

A Democratic draft of spectrum legislation this summer included a proposal by Rep. Doris Matsui, D-Calif., to make 5 GHz of spectrum available for unlicensed use. Advocates for unlicensed spectrum have also brought the debate to the Joint Select Committee. In a letter earlier this month, the Wireless Innovation Alliance urged the super committee to protect white spaces for unlicensed use (CD Oct 11 p12).

Eshoo and Walden also remain divided on how to handle the 700 MHz D-block, but Eshoo has said they have “agreed to disagree” and that Democrats will likely offer an amendment on that point (CD Oct 19 p17). Walden has said he wants to move spectrum legislation through Congress by year-end. A markup had been tentatively planned for earlier this month but still hasn’t been scheduled.