October 23, 2008

Federal Communications Commission

445 12th Street, SW

Washington, D.C. 20544

Dear Chairman Martin, Commissioner Adelstein, Commissioner Copps, Commissioner McDowell, and Commissioner Tate:

            As cosponsors of H.R. 1320, the “Interference Protection for Existing Television Band Devices Act,” we are writing to express our serious concern about the recent action at the Commission to schedule a vote on a new white spaces policy -- a policy that is purportedly derived from a 400-page technical report that was released just days ago and has not been given any formal opportunity for public comment.

            As an independent expert regulatory body, the Commission has a responsibility to conduct its deliberations fairly and openly.  The 400-page engineering report released in mid-October reviews months of complex testing, evaluates the data, and arrives at certain critical conclusions.  The Commission should give the public experts a formal opportunity to analyze the data and conclusions, point out strengths and weaknesses, and ask probing questions.  This process will lead to a more thoughtful and considered policy decision in this complex area ultimately to the benefit of the Commission and the interested public.  It is troublesome that the Commission is, for some unknown reason, refusing a formal public comment period on this comprehensive report which was, incidentally, funded with taxpayer resources.

            Therefore, we call on the Commission to open a formal comment period of at least 60 days to enable all interested stakeholders to review and comment on the report.

            Second, we are writing to remind the Commission that as cosponsors of H.R. 1320, we share a common belief that any white spaces decision made by the Commission should protect a broad class of existing users in the band from all interference.  One proposed concept would establish a robust program that (a) initially sets aside 8 channels in the TV Band for exclusive wireless microphone use; and, (b) requires all new devices to be “geolocated” and able to communicate with a central database.  The database would give priority to wireless microphone systems in the band but where and when microphones are not being used, authorizes white spaces devices to operate safely.  If the goal is spectrum efficiency, this plan seems to make a great deal of sense and should be strongly considered.

            No matter what policy position the Commission decides to consider, priority must be given to making the final decision a transparent and fair process.  To justify a major spectrum policy decision on a 400-page technical report without a formal open comment period appears to violate this very basic premise of good government.  We urge the Commission to reconsider this process in advance of the Commission’s November 4th meeting.

Sincerely,

The Honorable Carolyn B. Maloney

The Honorable Shelley Berkley

The Honorable Mark Steven Kirk

The Honorable Jon Porter

The Honorable Jerrold Nadler

The Honorable Wm. Lacy Clay

The Honorable Jim Cooper

The Honorable Robert Brady