[Congressional Record Volume 156, Number 113 (Thursday, July 29, 2010)]
[Extensions of Remarks]
[Page E1471]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  INTRODUCTION OF H.R.----, THE ``VOLUNTARY INCENTIVE AUCTIONS ACT OF 
                                 2010''

                                 ______
                                 

                           HON. RICK BOUCHER

                              of virginia

                    in the house of representatives

                        Thursday, July 29, 2010

  Mr. BOUCHER. Madam Speaker, I rise today on the occasion of the 
introduction of the ``Voluntary Incentive Auctions Act of 2010.'' This 
measure will give the Federal Communications Commission the authority 
to implement a crucial aspect of the National Broadband Plan. It will 
help ensure that new spectrum can be made available for commercial 
wireless services by permitting the Commission to conduct incentive-
based spectrum auctions in which a spectrum holder voluntarily 
relinquishes its spectrum in return for a portion of the auction 
proceeds.
  Wireless communications services are rapidly growing. Each year, 
millions of users graduate from basic cell phones to smart phones that 
employ a range of data services. Those services require far greater 
bandwidth than traditional cell phones. And the data services offered 
through smart phones are becoming ever more sophisticated, often 
employing full motion video.
  The combination of greater smart phone use and far more elaborate 
applications is placing unprecedented demands on our limited wireless 
spectrum availability. To meet these growing demands, the National 
Broadband Plan calls for making 500 MHz of spectrum newly available for 
broadband use within the next 10 years.
  That is a worthy goal, though attaining it may not be easy. The 
National Broadband Plan identifies some potential spectrum candidates, 
including spectrum in the Wireless Communications Service (WCS) band, 
the Advanced Wireless Services (AWS) bands and the Mobile Satellite 
Spectrum (MSS).
  The National Broadband Plan also suggests that the Federal 
Communications Commission initiate a rulemaking to reallocate 120 MHz 
of spectrum currently in the hands of television stations from 
television broadcast to wireless broadband use. The Plan suggests that 
the Commission, among other things:
  Update its rules on television service areas and distance separations 
to ensure the most efficient allocation of channels to broadcasters, 
including packing broadcast channels more tightly together.
  Increase the efficiency of spectrum use in the television broadcast 
bands, including by setting a deadline for low-power stations to 
transition to digital and addressing poor VHF-reception issues.
  Establish a licensing framework that would allow two or more stations 
to share a single 6 MHz broadcast channel.
  Determine rules for auctioning broadcast spectrum reclaimed through 
repacking and voluntary channel sharing or channel surrender, including 
a way for stations to receive a share of the proceeds for spectrum they 
contribute to the auction.
  The National Broadband Plan's recommendation concerning incentive-
based auctions, with broadcasters sharing in the proceeds from the 
auction of spectrum they voluntarily return to the Federal 
Communications Commission, requires legislation. Today, my colleague 
Cliff Stearns, Ranking Member of the Subcommittee on Communications, 
Technology, and the Internet, and I are introducing the requisite 
legislative measure.
  Our goal is to ensure that any incentive auctions the Federal 
Communications Commission conducts are truly voluntary. Only in 
instances in which television broadcasters or other spectrum holders 
willingly enter into agreements with the FCC for the surrender of their 
spectrum in return for a portion of the auction revenues would the 
transaction be deemed to be voluntary. And ``truly voluntary'' means 
neither directly nor constructively involuntary. For example, an effort 
by the FCC to impose a spectrum fee that would make some licensees 
financially unable to keep their spectrum would make the spectrum 
surrender constructively involuntary and would be impermissible under 
the terms of our legislation.
  The Voluntary Incentive Auctions Act takes the right approach to 
incentive-based spectrum auctions. The right approach is for the FCC to 
work with television broadcasters and other licensees to identify the 
spectrum they now hold that on a purely consensual basis could be 
repurposed for commercial wireless use. Licensees who surrender 
spectrum would receive compensation in exchange for a voluntary 
spectrum transfer. I do not support, nor would the Voluntary Incentive 
Auctions Act of 2010 permit, any action by the FCC requiring broadcast 
stations or others to give up spectrum involuntarily.
  The right approach is the one specified in this legislation--enter 
into conversations with broadcasters and others about surrendering a 
portion of their spectrum on a voluntary basis, determine rules for 
incentive-based auctions that are truly voluntary and conduct the 
auctions in accordance with the agreement.
  It is also important that the Commission treat broadcasters that are 
required to relocate due to repacking fairly. Broadcasters just over 
one year ago completed the highly successful transition to digital 
television. That transition freed up substantial amounts of spectrum in 
the 700 MHz band for commercial wireless use.
  To complete the digital television transition successfully, many 
broadcasters made significant investments in new equipment, including 
antennas and other items that are tailored to their current channel 
assignments. Therefore, broadcasters that are required to relocate as 
part of a repacking plan deserve fair compensation for the costs of 
that relocation. It is also important that the Commission ensure that 
broadcasters that relocate due to repacking do not lose over-the-air 
viewers as a result of that move.
  Madam Speaker, again, I am pleased to join with my colleague Mr. 
Stearns in offering this important measure to make available more 
spectrum for innovative wireless broadband services while assuring fair 
treatment for existing spectrum holders that facilitate that process by 
voluntarily returning some or all of their spectrum.

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