Congress May Not Be Done with Spectrum
Passage of wide-ranging spectrum law left room for more legislation to improve spectrum efficiency and free up underutilized federal spectrum, current and former lawmakers said. The House is preparing to review receiver standards, while the Senate is expected to conduct oversight in 2012 on the spectrum legislation that was signed into law last week. More work on spectrum is important in case authorization of voluntary incentive auctions is not the “golden goose” that some expect, a Senate GOP aide said.
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"While Congress has taken an incremental step in an effort to free up additional spectrum to meet the growing demand of wireless broadband, I believe more can and must be done to meet the future needs of all spectrum users and properly address existing spectrum challenges,” said Sen. Olympia Snowe, R-Maine. “For example, even though legislation was introduced over three years ago, there has still not been a comprehensive inventory of both federal and non-federal spectrum usage. We also still lack a national strategic spectrum plan, which would provide a long-term vision for domestic spectrum use and strategies to meet those needs. We should also take additional steps to modernize our nation’s radio spectrum planning, management, and coordination activities through better collaboration between the FCC and NTIA, fostering greater technical innovation, as well as promoting more investment in infrastructure.”
It may be difficult to recapture Congress’s attention with spectrum legislation recently finished and the 2012 elections on the horizon, a Senate GOP aide said. Leftover spectrum matters could come up in Senate Commerce Committee oversight hearings as the committee reviews implementation of the spectrum bill, the aide said. A Senate Commerce aide for the majority said an oversight hearing would most likely happen sometime after the major spectrum bill’s provisions take effect, when enough time has passed to review implementation. House Communications Subcommittee Chairman Greg Walden, R-Ore., has said he wants to have a hearing on wireless receiver standards this year.
A review of receiver standards is needed, especially in light of the recent interference problems involving the LightSquared network, said Rick Boucher, a former Democratic chairman of the House Communications Subcommittee. In that situation, GPS receivers reached into adjacent spectrum in which they did not belong. “Having some receiver standards to prevent that kind of problem from arising in the future is important,” Boucher said. It’s not Congress’s place to set technical standards for receivers, but legislators can require the FCC to look at the issue, he said. Snowe’s RADIOS Act (S-455) provided guidelines for an industry-led group to set standards, with assistance from the FCC.
Federal spectrum relocation is another area that could attract more congressional interest. “Inevitably, Congress will need to get involved” to set deadlines for clearing federal spectrum holders and moving them to other frequencies, Boucher said. The new spectrum law includes a section requiring the NTIA to ensure “timely” federal relocation, but it does not set deadlines as in previous bills by Rep. Jay Inslee, D-Wash., and Sen. Mark Warner, D-Va. Government spectrum holders have raised objections to deadlines, but relocation can drag on for several years without them, Boucher said.
A comprehensive spectrum inventory and survey of spectrum use would still be helpful in finding more efficient uses of spectrum, a Senate GOP aide said. A spectrum survey could reveal opportunities for secondary uses of spectrum, the aide said. For example, if a certain frequencies are only being used during the day, it might be possible to find a secondary user to take advantage of the frequencies at night, the aide said.
Legislation requiring a spectrum inventory is not required because NTIA is already working on one without a mandate, said Boucher, who sponsored inventory legislation in the 111th Congress. NTIA is expected to issue a report this year that will sum up its findings and identify more federal spectrum that could be reallocated for commercial use, Boucher said. But the Senate GOP aide said inventory efforts by the FCC and the administration have been too limited in scope. Legislation should require a more comprehensive look at a wider range of frequencies and take into account spectrum uses other than wireless broadband, the aide said.
A longer-term spectrum issue for Congress could be a reevaluation of how the U.S. licenses spectrum after an auction, Boucher said. Today, licenses are assigned for a limited purpose, but Boucher would like to see more flexibility for the winner to decide how to use the license, he said. “We could have greater economic efficiency in spectrum use if we had a lighter regulatory touch,” he said. “Let the market decide what the most efficient use of the spectrum would be.” That policy also would encourage a broader secondary market for spectrum, he said. Boucher doesn’t believe the issue is ready for this 112th Congress to address, he said: “This is a time to develop a concept around it and maybe build a coalition around it.”