TO ALL MEMBERS (Vendor AND WISP's) OF WISPA - As you can imagine with the year-end close to Congress rapidly approaching Legislation is changing with negotiations between the two houses of Congress. This week we added the Cable Television Industry Association to our list of Alliance Members trying to assure that the rules made for the FCC allow for flexibility that could allow for better TVWS, 3550, and other spectrum deployment, plus Incentive Auction exemptions or modifications to the strict language presented in the original bills/resolutions. Our audience is the leadership in both the House and Senate. This may not be the last letter or effort but it's timing is crucial in reaching the right people at a time when we can have the greatest impact.

A letter has been developed by our industry friend Harold Feld of Public Knowledge along side of the Wireless Innovation Alliance consisting of major players with interests in Unlicensed. We have found that aligning ourselves, and being active participants, has put WISPA at the table for future allocation and other issues which will greatly improve and increase the speed and rules as we are provided with new Spectrum. While I cannot guarantee the below letter will be the final version I can assure no intent will change.

With only *4 hours* to get this done, I wish we had longer, I apologize to you who don't check mail until the afternoon, remember us West Coast folks had to start on this at 5AM. Early distribution is needed today because Congress will be working all weekend. I appreciate the many groups that are signing onto this effort. I would like your help! If you would send me the following information in the below exact format you will be included in the below letter. Thank you so much:

Your Name,
Company Title,
Company Name,
City and State
District: (The names of your House Representative and Senator, if you don't know you can email [email protected] to find out)

Please send them to me at [email protected] (Not to the return email or the members list) with the above subject title. If you are a WISPA state chair please call your state WISP's because we need to reach people in a hurry.

Thank You,
Forbes Mercy
President - Washington Broadband, Inc.
WISPA VP/Legislative Chair

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Senate Majority Leader Harry Reid

Senate Minority Leader Mitch McConnell

Speaker John Boehner

Democratic Leader Nancy Pelosi

Chairman Jay Rockefeller

Ranking Member Kay Bailey Hutchison

Chairman Fred Upton

Ranking Member Waxman

Senators and Representatives:

The undersigned companies, trade associations, and public interest groups write to express our continued support for the quick passage of spectrum reform legislation that will ensure that commercial users, public safety, and federal users all have access to wireless capacity to meet our ever growing needs. However, at present, we remain concerned that certain provisions contained in theHouse-passed Jumpstarting Opportunity With Broadband Spectrum Act (JOBS Act) could impose harmful constraints on the ability of the FCC to make appropriate spectrum allocation decisions and to design a successful auction of licensed frequencies that will support vibrant competition, technological innovation, and rural broadband deployment. We urge Senate and House negotiators to modify these provisions to preserve the FCC's existing authority to respond to changes in this continually evolving and dynamic market.

As demand for licensed and unlicensed services continues to grow and evolve, we believe that sound communications policy counsels an approach that avoids anticipatory action, and instead, to the maximum extent possible, preserves agency flexibility to assess then-current demands for both licensed and unlicensed spectrum.

In addition, as numerous economists have stressed, there is a need to preserve traditional FCC authority to design the auctions authorized by the bill regardless of whether the goal is to maximize revenue or further the goals of competition and innovation. Michelle Connolly, the FCC's Chief Economist in 2006-2007 and 2008-2009, testified last June before the House Subcommittee on Communications and Technology that: "this [broadcast incentive auction] will be a far more complex auction than held in the past and will require a great deal of research and planning. . . . I have confidence in the ability of the FCC staff to again undertake such a task.However, given that the FCC itself does not yet know exactly how to optimally execute the auction, it will need flexibility in designing the auction."

We therefore strongly urge Congress to heed the advice of independent spectrum experts and the concerns of the Federal Communications Commission by preserving agency flexibility to consider allocations for licensed and unlicensed use and to design an auction that will encourage competition, promote job growth through innovation, and raise much needed revenue. Under its existing authority to find the right balance between licensed and unlicensed spectrum access, the FCC has successfully auctioned commercial licenses to use spectrum since the mid-1990s, raising over $50 billion for the U.S. Treasury and driving growth of the wireless industry to over $150 billion in annual revenue, with mobile phone penetration now at over 90% of the population. At the same time, the FCC's judicious use of flexible authority has simultaneously created an unlicensed industry that generates an estimated $50 billion annually for the American economy, and has made America the world-leader in development of wireless technology from LTE to Super WiFi.

To conclude, we applaud both the Senate and House Committees, from both parties, for their tireless work to develop bipartisan legislation that will promote public safety, create jobs, enhance competition, and foster even greater innovation.We remain fully committed to working with Congress to pass legislation that allows us to fully unlock and bring to reality the power of the wireless revolution.

[sincerely]
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