Reps. Inslee and Blackburn Introduce White Space Bill

April 4, 2006. Rep. Jay Inslee (D-WA), Rep. Marsha Blackburn (R-TN), Rep. Tammy Baldwin (D-WI), Rep. Paul Gillmor (R-OH), and Rep. Rick Boucher (D-VA) introduced HR 5085, the "American Broadband for Communities Act".

The bill would amend the Communications Act to provide that "Any unused broadcast television spectrum in the band between 54 and 698 megaHertz, inclusive, other than spectrum in the band between 608 and 614 megaHertz, inclusive, may be used by unlicensed devices, including wireless broadband devices."

The bill would also require the Federal Communications Commission (FCC) to write rules within 180 days of enactment.

The FCC adopted a notice of proposed rulemaking (NPRM) on May 13, 2004, regarding use by unlicensed devices of broadcast television spectrum where the spectrum is not in use by broadcasters. However, the FCC has not yet issued any rules in this proceeding.

See, Notice of Proposed Rulemaking [38 pages in PDF] in the proceeding titled "In the Matter of Unlicensed Operation in the TV Broadcast Bands Additional Spectrum for Unlicensed Devices Below 900 MHz and in the 3 GHz Band". This NPRM is FCC 04-113 in ET Docket Nos. 04-186 and No. 02-380. See also, story titled "FCC Adopts NPRM Regarding Unlicensed Use of Broadcast TV Spectrum" in TLJ Daily E-Mail Alert No. 898, May 14, 2004; and story titled "FCC Releases NPRM Regarding Unlicensed Use of TV Spectrum" in TLJ Daily E-Mail Alert No. 905, May 26, 2004.

HR 5085 would require the FCC to "adopt minimal technical and device rules in ET Docket Nos. 02-380 and 04-186 to facilitate the robust and efficient use of the spectrum made available under section 342 of the Communications Act of 1934 (47 U.S.C. 342) by unlicensed devices, including wireless broadband devices".

It would also require the FCC to "establish rules and procedures to -- (A) protect incumbent licensed services, including broadcast television and public safety equipment, operating pursuant to their licenses from harmful interference from such unlicensed devices; (B) address complaints, no later than 30 days after receipt, from licensed broadcast stations that an unlicensed device using such spectrum causes harmful interference that include verification, in the field, of actual harmful interference; (C) require manufacturers of unlicensed devices designed to be operated in this spectrum to submit a plan to the Commission to remedy actual harmful interference to the extent that harmful interference is found by the Commission which may include disabling or modifying the unlicensed device remotely; and (D) require certification of unlicensed devices designed to be operated in that spectrum to ensure that they meet the technical criteria established under paragraph (1) and can perform the functions described in subparagraph (C)."

Rep. Inslee stated in a release that "For too long, we've let this high-potential spectrum go to waste ... We now have the technology to put it to good use and leave current users unaffected."

This bill, and the FCC's open proceeding, contemplate the use smart radio technology, that listens first to determine what spectrum is not being used. Uses would include both low power personal portable devices, such as PC cards, and higher powered fixed location devices, such as the wireless broadband internet access base stations.

This bill was referred to the House Commerce Committee. All five of the original sponsors are members.

Matthew Flanigan, head of the Telecommunications Industry Association (TIA), stated in a release that "Among their numerous lines of business, TIA member companies design, produce and deploy terrestrial and satellite wireless network and terminal equipment ... As a result, TIA has a substantial interest in current and future spectrum management decisions and activities related to the development of wireless broadband services and the use of the television broadcast spectrum."

"TIA believes that these proposals could provide for more efficient and effective use of the television broadcast spectrum, as well as have significant benefits for the public by increasing competition in the wireless broadband industry and providing incentives for the development of new and innovative broadband devices and services for businesses and consumers."