WASHINGTON, D.C. – Sens. John Kerry and Maria Cantwell today urged the Federal Communication Commission (FCC) to increase high-speed internet access for Americans by voting to open unused TV airwaves. In a letter to FCC Chairman Kevin Martin, the senators called on the commission to move to a vote at their November 4 meeting after an FCC report endorsed the unlicensed use of devices operating in the spectrum known as the “white spaces.”

Kerry has long championed opening the white spaces to expand access and affordability in the broadband market.

“We have a major opportunity here to help families and small businesses in rural or remote areas get access to affordable high-speed internet,” said Sen. Kerry. “We have a potentially game changing technology in our sights—one that will put our public airwaves to use serving the public interest.”

In 2007, Kerry introduced the Wireless Innovation Act, which would require the FCC to write rules governing the unlicensed use of the white spaces for the purposes of providing greater access to high-speed internet.

The full text of the letter to Chairman Martin is below:

Dear Chairman Martin:

In light of the recent report issued by the Federal Communication Commission's (FCC) Office of Engineering and Technology (OET) endorsing the spectrum sensing and transmitting capabilities of prototype devices operating in television “white space,” we strongly urge you to move ahead with a vote scheduled for the Commission's November 4th meeting on the authorization of these new devices in a mobile, unlicensed manner. In addition, we strongly urge the Commission to adopt technical parameters that would maximize the potential of white space devices in bringing about the next generation of broadband services while protecting incumbent services from harmful interference.

In January 2008, the OET began its second round of white space device testing. Over a period of nine months, a series of tests were conducted in a manner that was comprehensive, transparent, and focused on determining whether the prototypes submitted to the FCC met the burden of proving their conceptual and technical feasibility. In its October 15th report detailing the results of the tests, the OET stated clearly that “[a]t this juncture, we believe that the burden of ‘proof of concept’ has been met. We are satisfied that spectrum sensing in combination with geo-location and database access techniques can be used to authorize equipment today under appropriate technical standards and that issues regarding future development and approval of any additional devices, including devices relying on sensing alone, can be addressed.”

We have long advocated for unlicensed use of the T.V. white spaces for the purpose of providing increased access and affordability for consumers in the broadband market. We have stated throughout the testing process that politics should not interfere with the expert analysis of the FCC's top engineers. The purpose of these tests was not to determine whether these specific prototypes were ready to be certified for use, but whether the technology should be permitted to move forward given concerns that have been raised with respect to interference. After a thorough and extensive testing process, the engineers have determined that the prototypes successfully resolved these concerns.

As you continue to work with your fellow commissioners to draft rules, we would urge you to consider the benefit of allowing the unlicensed use of these airwaves by both personal/portable devices as well as fixed services. This approach will encourage innovative new broadband offerings and services for use by the American people. We also urge you to consider steps to provide appropriate levels of protection for incumbents, while avoiding unnecessary restrictions that may render the white space devices unfeasible.

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