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Dear Reader:

We wanted to let you know that, after nearly three years of operation on the World Wide Web, National Journal's Insider Update: The Telecom Act ceased publication as of January 1, 2008.

We took this step at a time when the National Journal Group is moving to increase technology coverage -- including reporting on telecommunications and broadcasting issues -- in several of its other publications. In particular, National Journal's CongressDaily -- our twice daily publication for Capitol Hill insiders -- will be adding staff in the coming weeks for this purpose.

CongressDaily will feature the kind of detailed coverage of telecom issues, both on Capitol Hill and at the Federal Communications Commission, that you are accustomed to seeing in Insider Update -- plus a lot more.

If you are interested in a trial subscription to CongressDaily, please call 800-424-2921 or e-mail us at memberships@nationaljournal.com. Thank you for your readership and support of Insider Update, and please don't hesitate to write to me at lpeck@nationaljournal.com if you have any questions or concerns.

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Ex-NTIA Chiefs Sketch Public Safety Plan

By David Hatch

(Wednesday, May 23) Two former chiefs of the National Telecommunications and Information Administration outlined a proposal for raising billions of dollars to bolster communications for fire, police and rescue squads. The plan is largely based on the assumption that the upcoming auction of television spectrum will garner far more revenue than estimated.

Larry Irving, who ran NTIA during the Clinton administration, and Michael Gallagher, who headed NTIA under President Bush, said their recommendations are critical to ensuring that "first responders" can talk across jurisdictions.

"This is an opportunity to do something this country has needed for well over a decade," Irving said during a teleconference. "There aren't billions of dollars laying around," he added, emphasizing the difficulty of obtaining more funding through the budget process. "This auction brings that opportunity."

In November, the duo released a blueprint for ensuring that sufficient spectrum is available for emergency use. Now they are seeking to harness the unique opportunity presented by the auctioning of spectrum currently used by broadcasters to fund the plan.

The Congressional Budget Office estimates that the auction, part of the transition to digital TV signals, could raise $12.5 billion to $15 billion, but the former NTIA chiefs said it could draw up to $5 billion more. Half of the extra revenue would go to deficit reduction, and the other half to first responders under their approach.

"Virtually every spectrum auction that's ever been held in this nation has understated what was actually realized by the federal treasury," Irving said. To receive the money, state and local governments would provide matching grants.

The proposal would augment $1 billion that Congress already has reserved and an additional $3 billion in the appropriations pipeline.

Both Irving, who runs a telecom consulting firm and sits on Covad Communications' board, and Gallagher, who will soon step down as a partner in the Washington office of the Perkins Coie law firm to become president of the Entertainment Software Association, dismissed suggestions that the auction might be a dud. "We see very exciting components that are all aligned to make this a very successful auction," Gallagher said.

To raise more money, they would divert revenue from the federal excise tax on telephone bills toward emergency purposes before the tax is phased out by Washington. The duo has set a deadline of Sept. 11, 2011 -- 10 years after the devastating terror attacks in New York, Pennsylvania and Washington -- for achieving full interoperability for first responders.

In their written proposal, they warn against "open access" restrictions, which would make portions of the auctioned airwaves available to smaller competitors on a wholesale basis. "Aside from stifling future innovation and potentially stranding the spectrum, it could potentially deprive public safety of the windfall funding source," they wrote.

Open access is emerging as a key flashpoint in the debate over how the frequencies -- considered "beachfront property" -- should be used. During the briefing, Irving and Gallagher said such access could devalue the spectrum and undermine their plan, but their proposal is not conditioned on barring it.


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