House panel eyes airwaves

The House Commerce Committee is turning its attention to the airwaves that operate everything from smartphones to Wi-Fi routers.

As part of a broader effort to update the Communications Act — the foundational law governing communications industries last updated in 1996 — Commerce Committee Chairman Fred Upton (R-Mich.) and Rep. Greg Walden (R-Ore.) are looking for feedback on how the government deals with airwaves.

{mosads}”Today we continue our white paper series as we work to gather information and perspectives for our review of the Communications Act,” Upton and Walden said in a statement announcing the Committee’s white paper on spectrum policy.

The paper asked for input on the way the federal government uses and allocates airwaves and solicited suggestions regarding how to make the inherently limited resource more available.

Specifically, it asks multiple questions about the Federal Communications Commission’s (FCC) processes for setting aside spectrum for unlicensed uses — such as the airwaves that are reserved for consumer electronic equipment like garage door openers and Wi-Fi routers — and licensed airwaves, like those used by wireless companies to build networks for cellphones.

The FCC voted Monday to make available 100 MHz of unlicensed spectrum in the 5 GHz band and is in the middle of conducting auctions to sell licenses for lower-band spectrum to wireless companies. The agency announced first steps for its upcoming AWS-3 auction on Monday and is working behind the scenes on its highly-anticipated incentive auction, which will involve buying back spectrum licenses from broadcasters and repacking and selling those licenses to wireless companies.

The Committee asked for input on the “role [that] should unlicensed spectrum play in the wireless ecosystem.”

“How should unlicensed spectrum be allocated and managed for long-term sustainability and flexibility?” the Committee asked.

The Commerce Committee’s white paper raised questions about how efficient and effective the FCC’s current licensing process is whether the agency should be able to limit a company’s ability to buy spectrum licenses in auctions, such as the upcoming incentive auction, which is slated to take place in 2015.

Advocates of spectrum aggregation limits say the limits will make it easier for smaller wireless companies — like Sprint, T-Mobile and regional carriers — to compete for the scarce and necessary airwaves, but opponents say limits on larger companies’ participation could keep the auctions from achieving their maximum potential revenue.

“What principles should Congress and the FCC consider when addressing spectrum aggregation limits?” the paper asked. “How has the converging marketplace and growing demand for services changed the discussion of spectrum aggregation?”

The paper asked for input on the FCC’s “build out requirements,” which force companies to implement the spectrum licenses they purchase within a specified time frame.

“These provisions help to ensure that spectrum that is not fully utilized becomes available to those who will put it to dynamic use,” the paper said, asking if there are other ways to encourage competition among license holders.