[Congressional Record Volume 147, Number 35 (Thursday, March 15, 2001)]
[Senate]
[Pages S2402-S2403]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CRAPO (for himself and Mr. Akaka):
  S. 549. A bill to ensure the availability of spectrum to amateur 
radio operators; to the Committee on Commerce, Science, and 
Transportation.
  Mr. CRAPO. Mr. President, I rise to introduce the Amateur Radio 
Spectrum Protection Act of 2001. This bill would help preserve the 
amount of radio spectrum allocated to the Amateur Radio Service during 
this era of dramatic change in our telecommunications system. I am 
pleased to be joined today in this bi-partisan effort by Senator Daniel 
Akaka.
  Organized radio amateurs, more commonly known as `ham' operators, 
through formal agreements with the Federal Emergency Management Agency, 
the National Weather Service, the Red Cross, the Salvation Army, and 
other government and private relief services, provide emergency 
communication when regular channels are disrupted by disaster. In 
Idaho, these trained volunteers have performed tasks as various as 
helping to rescue stranded back-country hikers, organizing cleanup 
efforts after the Payette River flooded, and helping the Forest Service 
communicate during major forest fires. In other communities, they may 
be found monitoring tornado touchdowns in the Midwest, helping 
authorities reestablish communication after a hurricane in the Gulf or 
sending ``health and welfare'' messages following an earthquake on the 
West Coast. Not only do they provide these services using their own 
equipment and without compensation, but they also give their personal 
time to participate in regular organized training exercises.
  In addition to emergency communication, amateur radio enthusiasts use 
their spectrum allocations to experiment with and develop new circuitry 
and techniques for increasing the effectiveness of the precious natural 
resource of radio spectrum for all Americans. Much of the electronic 
technology we now take for granted is rooted in amateur radio 
experimentation. Moreover, amateur radio has long provided the first 
technical training for youngsters who grow up to be America's 
scientists and engineers.
  The Balanced Budget Act of 1997 requires the Federal Communications 
Commission, FCC, to conduct spectrum auctions to raise revenues. Some 
of that revenue may come from the auction of current amateur radio 
spectrum. This bill simply requires the FCC to provide the Amateur 
Radio Service with equivalent replacement spectrum if it reallocates 
and auctions any of the Service's current spectrum.
  The Amateur Radio Spectrum Protection Act of 2001 will protect these 
vital functions while also maintaining the flexibility of the FCC to 
manage the nation's telecommunications infrastructure effectively. It 
will not interfere with the ability of commercial telecommunications 
services to seek the spectrum allocations they require. I ask my 
colleagues to join the more than 670,000 U.S. licensed radio amateurs 
in supporting this measure and welcome their co-sponsorship.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 549

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Amateur Radio Spectrum 
     Protection Act of 2001''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) More than 650,000 radio amateurs in the United States 
     are licensed by the Federal Communications Commission.
       (2) Among the basic purposes of the Amateur Radio and 
     Amateur Satellite Services are to provide voluntary, 
     noncommercial radio service, particularly emergency 
     communications.
       (3) Emergency communications services by volunteer amateur 
     radio operators have consistently and reliably been provided 
     before, during, and after floods, hurricanes, tornadoes, 
     forest fires, earthquakes, blizzards, train accidents, 
     chemical spills, and other disasters.
       (4) The Federal Communications Commission has taken actions 
     which have resulted in the loss of at least 107 MHz of 
     spectrum to radio amateurs.

     SEC. 3. FEDERAL POLICY REGARDING REALLOCATION OF AMATEUR 
                   RADIO SPECTRUM.

       Section 303 of the Communications Act of 1934 (47 U.S.C. 
     303) is amended by adding at the end the following new 
     subsection:
       ``(z) Notwithstanding subsection (c), after the date of the 
     enactment of this subsection--
       ``(1) make no reallocation of primary allocations of bands 
     of frequencies of the amateur radio and amateur satellite 
     services;
       ``(2) not diminish the secondary allocations of bands of 
     frequencies to the amateur radio or amateur satellite 
     service; and
       ``(3) make no additional allocations within such bands of 
     frequencies that would substantially reduce the utility 
     thereof to the amateur radio or amateur satellite service;
     unless the Commission, at the same time, provides equivalent 
     replacement spectrum to amateur radio and amateur satellite 
     service.''.

  Mr. AKAKA. Mr. President, I thank my distinguished colleague from 
Idaho (Mr. Crapo) for introducing this very important legislation that 
will help to protect and preserve the radio spectrum necessary to 
ensure the continuation of the Amateur Radio Service. The Amateur Radio 
Spectrum Act of 2001 is a bipartisan effort to secure the amateur radio 
spectrum as the telecommunications industry continues to change.
  Amateur radio operators, more commonly known as ``hams,'' have been 
around as long as radio itself, and a few pioneers in amateur radio 
provided valuable insight into the current communications system that 
we know today. While many people may look at amateur radio operators as 
radio enthusiasts with a fun hobby, I would like to remind everyone 
that they also provide a valuable service to communities all over the 
world.
  Mr. President, the Amateur Radio Service was created by the Federal 
Communications Commission (FCC) to utilize amateur radio operators to 
provide backup emergency communications. These operators set up and 
operate organized communications networks locally for governmental and 
emergency officials.
  While television and radio broadcast stations are the more common 
methods of providing emergency information to

[[Page S2403]]

the public, these stations may not be in service for weeks after such 
disasters as tornados and hurricanes. Instead, this valuable emergency 
service usually is provided by the Amateur Radio Service. Through 
several networks that are decentralized, with many transceivers and 
antennas, amateur radio operators are able to transmit safety and 
health conditions in times of disasters.
  In the State of Hawaii, the sole source of information in the 
immediate aftermath of Hurricane Iniki, which hit the island of Kauai 
on September 11, 1992, was from amateur radio operators. The 
devastation to the island was immense; one out of five of the island's 
power and telephone poles were down, power, cable television, and phone 
lines were out, cellular phone, microwave dishes, two-way radio antenna 
boosters, television station translators, and radio station 
transmitters were damaged. Kauai Electric Company was inoperable and 
100 percent of its customers were without power. While the company did 
have a disaster plan, no one fathomed that a storm would have such a 
devastating effect. Fortunately, amateur radio operators on Kauai were 
able to keep state officials informed about the island's condition.
  Mr. President, Senator Crapo and I are here today because the 
Balanced Budget Act of 1997 requires the FCC to conduct spectrum 
auctions as a means to increase revenue. While these auctions may not 
immediately take away from the Amateur Radio Service, there is nothing 
to prevent the FCC from selling off portions of the spectrum currently 
utilized by amateur radio operators.
  Mr. President, this bill will protect the Amateur Radio Service by 
requiring the FCC to provide the Service with equivalent spectrum if it 
reallocates and auctions any of the Service's current spectrum. The 
Amateur Radio Spectrum Protection Act of 2001 will ensure that the 
valuable service provided by amateur radio operators will continue.
  Mr. President, I am pleased to join Senator Crapo in this bipartisan 
effort to protect the Amateur Radio Service and ask my colleagues to 
support this important measure.
                                 ______