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C/Net reports a Silicon Valley Democrat, Rep. Anna Eshoo (D-Calif.) on Thursday introduced the Wireless Internet Nationwide for Families Act, which would direct the FCC to auction off 2,155 - 2,180 MHz spectrum that currently lies fallow.

Rep. Ed Markey, the Massachusetts Democrat who leads a House telecommunications and Internet panel, and Rep. Chris Cannon, a Utah Republican, have signed on as co-sponsors.

According to Rep. Anna Eshoo:


“The results of the 700 MHz auction disappointed many of us who hoped that a new entrant would emerge. 70% of the spectrum auctioned went to only two carriers. While the auction required under this legislation is open to anyone, it is my hope that the bold conditions of requiring free, family friendly service will encourage the entry of a new kind of national broadband service provider.”

Under the proposed measure, the network operator would have to:

  • Provide a free broadband network
  • Provide “always-on” broadband service within two years of receiving the license
  • Provide service free of subscription fees, airtime, usage or other charges to consumers and “authorized public safety users”
  • Ensure the service offers at least 200 kilobits per second transmission speeds in at least one direction.
  • Ensure the free service with “a technology protection measure” that protects underage users from accessing obscene or indecent material”
  • Publish royalty-free standards so that others can develop and deploy equipment that can operate on the network

“While the auction required under this legislation is open to anyone, it is my hope that the bold conditions of requiring free, family friendly service will encourage the entry of a new kind of national broadband service provider,” Eshoo said in a statement.

The requirements are similar to M2Z Networks which sought permission from the FCC to obtain a 15-year exclusive, nationwide license to essentially the same band of spectrum described in the Eshoo bill. M2Z would provide “free” service if the FCC would “give” it the spectrum — exclusively. M2Z had proposed to offer free broadband access and to pay the U.S. Treasury 5% of revenues from subscription services in exchange for obtaining the spectrum without competing in an auction.

M2Z hoped to offer a “free,” advertising-supported tier of service that would offer speeds of at least 384Kbps down and 128Kbps up, and a “premium” tier with 3Mbps speeds. Like the Eshoo bill, M2Z pledged to reach 95 percent of the American population within 10 years and outfit the free tier with filters designed to block obscene content.

M2Z Networks, challenged the FCC’s action in the U.S. Court of Appeals for the District of Columbia Circuit, asking them to overturn the agency’s dismissal (pdf) of M2Z’s wireless plan. Briefing in the case begins this spring and will continue throughout the summer.

M2Z said the agency violated numerous laws in throwing out its proposal to provide free, family-friendly broadband service in the 2155-2175 MHz band. Another aspect of the M2Z Networks plan, notes MRT Magazine, is that public-safety entities would be given priority access to the network.

M2Z CEO John Muleta said the bill’s introduction is a hopeful sign for would-be new entrants like his firm. “What we’ve been advocating for is, there needs to be new entry, not necessarily more regulation, to do innovative and unusual things that would get more broadband to more people,” he said in a telephone interview with CNET News.com.

An array of consumer groups supported M2Z’s idea, but the wireless industry opposed its original petition, calling it a “self-serving attempt to gain access to valuable spectrum outside of the auction process.”

Joe Farren, a spokesman for CTIA - The Wireless Association, said his group objects to the stringent conditions it would impose on bidders.

Currently, more than 100 million Americans do not have broadband at home and 69% of Americans living in rural areas do not have broadband, according to Rep. Chris Cannon.

FCC Chairman Kevin Martin recently said the commission plans to launch a proceeding to examine rules for that spectrum. Here’s Martin Statement, Copps Statement and Adelstein’s Statement (pdfs), on the 2155-2175 MHz band proposal.

Perhaps the bill might be improved with the following changes:

  • Don’t auction the band off to the highest bidder. Make in truly free — like WiFi. Interference might be avoided using the same approach as the FCC’s 3650 Mhz band rules — a quasi-licensed band that requires only a small registration fee.
  • Dedicate that band to Municipal Wireless - defined as 90% of a community’s population.
  • Encourage smaller, regional ISPs and independents to provide service.
  • Don’t impose content restrictions. It would only create more expenses if the ISP is required to determine what is appropriate content.
  • Make free service (300-500 Kbps), mandatory, faster service available at extra cost (and without advertising).

Municipal wireless — using 2150 Mhz — could be faster, cheaper and more reliable than WiFi:

If the range of 2150 Mhz WiMAX averages 3.5 miles (similar to 2.6 Mhz WiMAX), then each antenna tower might cover 10 sq miles. A 100 sq mile city might only need 10 towers. Each tower might require about $50K in gear, or $500K total. WiFi infrastructure, by contrast, would require 30-40 nodes per sq mile, plus lots of backhaul gear. It typically costs $125K per sq mile for the same coverage.

DailyWireless expands on this approach at Free 2155-2175 MHz!.

Related DailyWireless stories include; M2Z Vrs FCC, Equal Access Happy Talk, Broadband Wireless — Hello Goodbye, Frontline: Rumble in the Jungle, The OTHER Public Safety Band, Public Service Moves to 800Mhz, FCC Hangs Up Free M2Z Service, 2.1GHz for MuniFi?, and M2Z: Free Internet Now!, Pipeline Wireless: We’re 3.65 GHz, FCC: Go For 3.65GHz, Airspan, Free 3.65GHz Mapping Service, Who the MuniFi MAN?, WiMAX: No Satellite Interference says WARC, Intel’s Rural Connectivity Platform, Airspan Gets FCC Nod for 3.65 GHz, Pipeline Wireless: We’re 3.65 GHz, FCC: Go For 3.65GHz, Airspan, Free 3.65GHz Mapping Service, Who the MuniFi MAN?, WiMAX: No Satellite Interference says WARC, Intel’s Rural Connectivity Platform, Airspan Gets FCC Nod for 3.65 GHz, 3.65 GHz Gets Real, FCC: Non-exclusive 3.6GHz Licensing and 3.65 GHz Gets Real.

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