[Congressional Record Volume 152, Number 21 (Friday, February 17, 2006)]
[Senate]
[Pages S1471-S1472]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ALLEN (for himself, Mr. Kerry, Mr. Sununu, and Mrs. 
        Boxer):
  S. 2327. A bill to require the FCC to issue a final order regarding 
white spaces; to the Committee on Commerce, Science, and 
Transportation.
  Mr. ALLEN. Mr. President, today I rise to introduce and present to my 
colleagues the Wireless Innovation Act of 2006. I am pleased to be the 
lead sponsor of this legislation, and I want to thank my colleagues 
Senator Kerry and Senator Sununu for working with me on this important 
issue.
  The goal of the Wireless Innovation Act is to unleash the power of 
advanced technological innovation to facilitate the development of 
wireless broadband Internet services. Specifically, our legislation 
allocates certain areas within the broadcast spectrum that are 
otherwise unassigned and unused, known as white spaces, for wireless 
broadband services.
  Unfortunately today, many people, from rural areas to big cities, 
either do not have access to broadband Internet service or simply 
cannot afford it. Our legislation will enable entrepreneurs to provide 
affordable, competitive high-speed wireless broadband services in areas 
that otherwise have no connectivity to broadband Internet. 
Additionally, in areas where broadband access currently is provided, 
either from a Cable modem or DSL connection, our legislation will allow 
for a third alternative choice for consumers.
  The Wireless Innovation Act encourages the most robust and efficient 
use of this Nation's spectrum. After the transition to digital 
television is complete in February of 2009, 64 percent of the spectrum 
allocated to broadcast television use in the Richmond, VA, area will be 
vacant. Instead of sitting dormant, this valuable spectrum can be used 
to provide greater Richmond area residents with affordable wireless 
broadband, which some estimate to be as low as $10 per month. These 
white spaces exist in virtually every geographic area of the country, 
and I believe it is a valuable public resource that should be used for 
the benefit of all American consumers.
  I recognize and fully appreciate the value that our television 
broadcasters serve in each and every local community. That is why our 
legislation protects incumbent local television stations from potential 
interference that may be caused using white spaces. In fact, my 
legislation ensures that all unlicensed devices must comply with the 
clear rules established by the Federal Communications Commission so 
there is no interference to licensed systems. These rules, along with 
the power of technology, can protect the television broadcast stations 
from any harmful interference.
  Using white spaces to deliver wireless broadband across the country 
creates a new opportunity for innovators and entrepreneurs to provide a 
competitive broadband service at extremely low cost. This is especially 
compelling in rural areas where distance is so frequently the enemy of 
wire-line networks and the primary reason for the high cost of rural 
broadband deployment.
  At a time when the United States is lagging behind much of the world 
in broadband penetration--and more than 60 percent of the country does 
not subscribe to broadband service primarily

[[Page S1472]]

because it is either unavailable or unaffordable--our legislation would 
put this country one step closer to closing the economic digital divide 
and achieving ubiquitous broadband Internet access throughout the 
country.
  Providing a way to encourage the widespread adoption of broadband 
Internet access is vital to helping us keep pace with the new global 
economy. The benefits to Americans will include more jobs, better 
access to information and commerce, increased productivity, improved 
healthcare delivery, and more access to education and 
videoconferencing.
  While the foreseeable benefit of this legislation is facilitating the 
development of wireless broadband services, the true beauty of 
unlicensed spectrum is that it allows for continued advancement and 
innovation, yielding benefits that are unimaginable today. A decade 
ago, no one could have imagined WiFi Internet access and yet, through 
the use of unlicensed spectrum, it was created. Four years ago, I 
worked on legislation with Senator Boxer to make more unlicensed 
spectrum available in the upper spectrum bands for further advancement 
and deployment of WiFi services. The Federal Communications Commission 
followed our lead and eventually made this spectrum available. Since 
then, WiFi has flourished.
  Today, WiFi Internet access can be found in consumers' homes, 
Starbucks Coffee shops, book stores, entire cities such as Alexandria, 
VA, and even here in the Senate Office buildings. The 
Telecommunications Industry Association estimates that sales of WiFi 
equipment reached $4.35 billion in 2004, and predicts spending on WiFi 
infrastructure will increase to $7 billion in 2008. It is now time to 
enable the next generation of wireless innovation by allowing these 
white spaces to be used for next generation wireless broadband 
services.
  A guiding principle I have followed throughout my time in public 
service is that the Internet should remain as accessible as possible to 
all people in all parts of the country forever. That is why I sponsored 
the Internet Tax Nondiscrimination Act, signed by the President in 
December 2004. That guiding principle is also what leads me, together 
with Senators Kerry and Sununu to introduce the Wireless Innovation Act 
today. With passage of this legislation, we can move forward to create 
an alternative that promotes broadband adoption using advances in 
technology and spectrum efficiency.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2327

       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 ``Wireless Innovation Act of 
     2006'' or the ``Winn Act''.

     SEC. 2. WHITE SPACES.

       (a) Completion of Order.--Not later than 180 days after the 
     date of enactment of this Act, the Federal Communications 
     Commission shall complete its proceeding and issue a final 
     order regarding white space in the matter of Unlicensed 
     Operation in the TV Broadcast Bands, ET Docket No. 04-186.
       (b) Conditions.--In completing the requirement described in 
     subsection (a), the Federal Communications Commission shall 
     in such final order--
       (1) permit unlicensed, non-exclusive use of unassigned, 
     non-licensed television broadcast channels between 54 MHz and 
     698 MHz;
       (2) establish technical guidelines and requirements for the 
     offering of unlicensed service in such band to protect 
     incumbent licensed services and licensees from harmful 
     interference; and
       (3) require unlicensed devices operating in such band to 
     comply with existing certification processes.
                                 ______