Election year politics and the fight over intelligence reform could doom legislation introduced Tues. by Senate Commerce Committee Chmn. McCain (R-Ariz.) and Senate Govt. Affairs ranking Democrat Lieberman (Conn.) that would clear 700 MHz spectrum for emergency communications by expediting the DTV transition, sources said Wed.
Congress this week will put more pressure on broadcasters to vacate at least a portion of the 700 MHz spectrum band -- where they broadcast the analog signal -- to make room for public safety interests. Tues., Senate Govt. Affairs ranking Democrat Lieberman (Conn.), with Senate Commerce Committee Chmn. McCain (R-Ariz.), announced legislation based on the 9/11 Commission report (www.911commission.gov) that would include a deadline for broadcasters to relinquish several channels of spectrum allocated for public safety use. Lieberman’s bill borrowed the language from a measure pushed by Rep. Harman (D-Cal.) (HR-1425) that would direct the FCC to assign 764-776 MHz and 794-806 MHz spectrum for public safety services by January 1, 2007. Both bills target channels 63, 64, 68 and 69. Harman’s Homeland Emergency Response Operations (HERO) Act has 34 co-sponsors, including House Govt. Reform National Security Subcommittee Chmn. Shays (R-Conn.), who with Rep. Maloney (D-N.Y.) will introduce a House companion to the Senate legislation. Lieberman’s 281-page bill contains several sections on homeland security, focusing mainly on changes to intelligence gathering. Though it didn’t mention the Harman bill, the 9/11 Commission report said the DTV transition should be accelerated to open more spectrum for first responders. The report recommendation was very similar to the official description of Harman’s bill. The bill also includes a section requiring the Dept. of Homeland Security secy. to work with the FCC chairman and Defense secretary to develop interoperable communications in urban areas determined to have a consistent threat of terrorist attack. The bill said first responders should have interoperable communications with a variety of entities, including military authorities and hospitals. Also, McCain and other Commerce Committee members will have the opportunity to question FCC Chmn. Powell and broadcasters about the DTV transition and the public safety spectrum today (Wed.) in a 2:30 p.m. hearing in 253 Russell Bldg. The hearing will include Powell; Stephen Devine, Mo. Highway Patrol frequency coordinator; Gary Grube, Motorola chief technology officer-govt & industry solutions; MSTV Pres. David Donovan; Robert LeGrande, D.C. Govt. deputy chief technology officer; and Paxson Chmn. Lowell Paxson. A spokesman for McCain and a Senate source said some of the hearing focus would likely be on clearing broadcasters from the 700 MHz spectrum.
Congressional debate over indecency legislation likely won’t include the Senate sponsor of fine increases, Sen. Brownback (R-Kan.), who wasn’t included on the list of conferees for the Defense Dept. authorization bill (S- 2400). The Senate voted to include in S-2400 Brownback’s bill (S-2056) to raise FCC fines on indecent broadcasts by a factor of 10 to $275,000. However, Senate Commerce Committee Chmn. McCain (R-Ariz.) and Sen. Nelson (D-Fla.) will be the only Commerce Committee members appointed to the conference. It’s unclear who will be appointed on the House side. The Senate amendment to S-2400 includes several controversial provisions, including one on media ownership from Sen. Dorgan (D-N.D.) and on media violence from Sen. Hollings (D-S.C.). Both are expected to be removed.
The Journal of Commerce Online reports that Senator Patty Murray, who devised Operational Safe Commerce (OSC), is stressing the importance of keeping OSC alive and using its results to form a national and international standard for supply chain and cargo container security. According to the article, OSC has managed to get federal funds in three straight budget cycles, but its survival as a separate program remains unclear once all the tests are complete and the final reports and recommendations are submitted later this year. (JoC Online, dated 09/03/04, www.joc.com.)
Reauthorization of the Satellite Home View Improvement Act (SHVIA) was described by Hill sources as the only “must pass” legislation as Congress returns from its Aug. recess after Labor Day. But congressional action to raise broadcast indecency fines also seemed likely. SHVIA is winding through the House and Senate, and both bodies have passed indecency fine legislation. Other issues, such as VoIP and spectrum relocation, were considered in flux. The Senate could take up controversial copyright reform legislation. Hill staff and lobbyists caution, however, that a focus on intelligence reform in the wake of the 9/11 Commission could crowd out other legislative initiatives.
While leaders from the FCC, the Bush administration and Congress meet today (Mon.) and tomorrow in Aspen to discuss the future of Internet policy, a current issue is pressing on the agenda. The annual Aspen Summit by the Progress & Freedom Foundation is expected to feature several lively discussions involving P2P provider liability for copyright infringement -- an issue tackled last week by a U.S. appeals court in P2P’s favor (CD Aug 20 p6).
The Journal of Commerce Online reports that on August 4, 2004, the World Trade Organization (WTO) preliminarily ruled that European Union (EU) subsidies for its sugar farmers violate global trade rules, upholding a complaint filed by Brazil, Australia, and Thailand. The article states that this WTO decision follows a recent WTO ruling against U.S. cotton subsidies. (JoC Online, dated 08/05/04, www.joc.com )
The DTV transition should be speeded up, Sen. Kerry (D- Mass.) said in his presidential campaign materials. Documents on the Kerry-Edwards website said Kerry would use the DTV transition -- and the revenue generated from auction of the spectrum -- to invest in other priorities while cutting wasteful spending. Kerry also said the NTIA should be merged with the Technology Administration (TA), a move proposed by the Commerce Dept. last year but rejected by Congress.
The DTV transition should be speeded up, Sen. Kerry (D- Mass.) said in his presidential campaign materials. Documents on the Kerry-Edwards website said Kerry would use the DTV transition -- and the revenue generated from auction of the spectrum -- to invest in other priorities while cutting wasteful spending. Kerry also said the NTIA should be merged with the Technology Administration (TA), a move proposed by the Commerce Dept. last year but rejected by Congress.
As expected, the FCC took action Wed. to “hasten” the DTV transition by commencing an open channel election process in Nov. and setting firm deadlines. “We take today’s actions, most notably to set channel election and replication and maximization deadlines not only to bring consumers more over-the-air digital services, but to help usher in the beginning of the end of the DTV transition,” said FCC Chmn. Powell. Much of the process is in tune with previous recommendations from MSTV (CD Aug 4 p2), said Rick Chessen of the FCC DTV Task Force. The FCC also agreed to eliminate, for now, the simulcasting requirement to permit the transmission of additional programming on DTV channels. The FCC deadline includes a Dec. date where stations with 2 in- core channels elect the DTV channel they prefer. In July 2005, stations with a current in-core channel assignment select a channel from those available after the first round of selections. In Jan. 2006, stations that haven’t been assigned a channel or assigned Ch. 2-6, may elect a channel. By Aug. 2006, the Commission expects to issue a proposed rulemaking on the new DTV table of allotments. The Commission clarified its digital closed captioning rules to ensure that those services are consistently and effectively delivered. The FCC also mandated that after an 18-month transition period, all DTV receivers contain V-chip functionality that will permit the current TV ratings system to be modified. Separately, the Commission officially issued a notice of proposed rulemaking concerning the effectiveness of the Emergency Alert System (EAS) and how it can be improved. The Commission had previously said it would address EAS concerns (CD June 24 p7). The Commission has already begun to coordinate with the Dept. of Homeland Security, FEMA, the Dept. of Commerce and the National Oceanic & Atmospheric Administration’s National Weather Service. The FCC also seeks participation from state and local emergency planning organizations. Enforcement Bureau Chief David Solomon said the notice asks several questions about imposing EAS requirements on wireless phone carriers, but draws no conclusions. Carriers support a voluntary program but would oppose mandates. “We've asked broadly what is the capability, what is the technology, what is the impact of imposing ESA obligations on those technologies,” he said.