Spectrum Reform Legislation Passes Congress

On February 17, 2012 both the House and the Senate passed legislation containing, among other matters concerned with payroll tax cut and unemployment benefit extensions, critical provisions regarding spectrum reform. Among the many spectrum reform provisions, the legislation reallocates the D Block to public safety to be managed by a new government authority housed within NTIA which will have the responsibility of developing a nationwide interoperable public safety mobile broadband network. To help fund this initiative, the FCC is granted authority to conduct voluntary incentive auctions of commercial spectrum bands including broadcast television bands. Other bands are also targeted for the auction block, and several Federal government bands are identified for reallocation for commercial use.  Earlier legislative efforts had proposed that the public safety industry return either its 700 MHz narrowband or UHF spectrum. This version requires that within nine (9) years of enactment of the legislation, that the FCC “must reallocate the T-Band (470-512 MHz) used by public safety (emphasis added) for new use and auction such spectrum.” Proceeds of that auction would be used by NTIA to make grants to cover relocation costs which must be completed within 2 years of the auction. It is anticipated that this legislation will be signed into law next week by President Obama. EWA will provide a copy of this legislation and commentary in the next issue of Insider.