Rockefeller: Makes No Sense Not To Support Incentive AuctionBill

Sen. Jay Rockefeller (D-W. Va.)
continued to stump hard for his incentive auction bill Tuesday, which would
fund an interoperable broadband emergency communications network. He conceded
that those giving up spectrum to help pay for the network would probably not
get "full cost."

At a press conference with other likeminded senators
including Barbara Boxer (D-Calif.), Amy Klobuchar (D-Minn.), and Chuck
Schumer (D-NY), Rockefeller said every legislator should support the bill, and
that it made "no sense" not to.

But there were no Republicans at the press conference,
despite Rockefeller's suggestion that essentially everybody was for the
bill. Certainly when viewed as preventing a repeat of the first responder loss
of life in the 9/11 attacks, the idea of getting those emergency workers
the best communications technology and system is a bipartisan goal.

But there remain one or two issues that ranking member Kay
Bailey Hutchison still has with the bill, Rockefeller said in response to
the question of why there were no Republicans among the likeminded group
joining him on the stump, though he did not elaborate. Still, he said the goal
was to pass the bill with a "good, healthy, bipartisan majority." He
said his one fear was that the bill could be held up by a single
senator--by custom, the Senate requires unanimous consent to introduce
bills for floor consideration, so a single Senator can put a hold on any bill.

One of those remaining Hutchison issues isn't
allocation rather than auction of the spectrum, which had been a sticking point
with some of those with reservations about the bill.

A spokesperson for Sen. Hutchison was not available for
comment at press time, but Hutchison has said she supported the bill's
allocation of the 10 MHz of spectrum in the D block for the network rather
trying to auction it to a private company that would build out and sharethe net with first responders.
Republicans had generally backed the auction strategy, as had the FCC
until recently. Under current law, the D block, which was reclaimed in
the DTV transition, has to be auctioned. This bill would change that.
It would also give the FCC authority to pay broadcasters who give up their
spectrum, the use of which will be auctioned to wireless broadband
companies, with that money being divided among the broadcasters, an entity to
build and support the emergency net, and for deficit reduction.

Rockefeller conceded that those giving up spectrum would
likely be getting less than full value, but that would still be "worthwhile"
sense they weren't using all of it. He also told the reporters to write, in
capital letters, that the reclamation from broadcasters and others would be
voluntary. "No government takeover," he said to put an
exclamation point on the point.

But Schumer put as big an exclamation point on the
government's need to get the network built and operational.

"We have an obligation to make sure that our first
responders have access to the most effective communications systems, in the
same way we have an obligation to make sure they have weapons that don't jam,
fire hoses that don't burst, and ambulances that don't break down," said
Schumer.

Rockefeller also held a press conference last week to push
for the bill, which he wants passed before the tenth anniversary of 9/11.
Creating the interoperable network was one of the recommendations of the 9/11
Commission.

"We appreciate the sincere efforts Sens. Rockefeller
and Hutchison have made in the draft bill to address broadcaster concerns with
voluntary incentive auctions," NAB
spokesman Dennis Wharton said in response to Rockefeller's bill when a draft
first circulated last weekend. "We are hopeful our remaining concerns can
be accommodated, and we look forward to working closely with them and
others to ensure that the interests of viewers are protected as the legislation
moves forward."

John Eggerton

Contributing editor John Eggerton has been an editor and/or writer on media regulation, legislation and policy for over four decades, including covering the FCC, FTC, Congress, the major media trade associations, and the federal courts. In addition to Multichannel News and Broadcasting + Cable, his work has appeared in Radio World, TV Technology, TV Fax, This Week in Consumer Electronics, Variety and the Encyclopedia Britannica.