Wireless Internet Service Providers Association

December 12, 2011

The Honorable Harry Reid522 Hart Senate Office BuildingWashington, DC 20510

The Honorable John D. Rockefeller, IV531 Hart Senate Office BuildingWashington, DC 20510

The Honorable Mitch McConnell317 Russell Senate Office BuildingWashington, DC 20510

The Honorable Kay Bailey Hutchison284 Russell Senate Office BuildingWashington, DC 20510

Dear Senators:

As you wind down 2011 with final legislative actions, the Wireless InternetService Providers Association ("WISP A") writes to confirm our strong belief that anyspectrum legislation must preserve unlicensed spectrum and ensure the FCC's flexibilityto implement sound and balanced spectrum policy.

WISP A is the international trade association that represents the interests of fixedwireless broadband service providers that serve three million people, most of whomreside in rural areas where broadband options are limited. Access to spectrum remains aparamount concern for WISP A and our members.

We write to express our concern about two specific issues - unlicensed TV whitespace spectrum and the 3550-3650 MHz band. In each case, WISPA prefers the languagein the bipartisan S.911 over the language offered by the House. First,Section 303(A)(2)(F)(ii)(IV) ofS.911 (Sen. Cantwell's approved amendment) ensuresthat there will be unlicensed white space frequencies nationwide and in every market.The House bill offers no such guarantees, and thus creates uncertainty in the amount andlocation of the remaining unlicensed white space spectrum. S.911 also provides the FCCwith flexibility to work through the complex issues of the incentive auction and develop arational spectrum plan for TV stations, bidders for reallocated spectrum and unlicensedusers.

Second, pursuant to Section 302(d) ofS.911, competitive bidding of the 3550-3650 MHz band is not required if the President determines that allocation of otherspectrum can reasonably be expected to produce comparable auction receipts. Under theHouse bill, competitive bidding would be required and there would be no exceptions.WISPs are currently using the adjacent 3650-3700 MHz band under "light licensing"rules that has eliminated spectrum acquisition cost as a barrier to entry, enabling

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affordable fixed wireless broadband to be deployed in many rural areas of the country.Based on the FCC's record in ET Docket No. 10-123 and the mobile wireless industry'slack of interest in the 3550-3650 MHz band, we strongly believe that this spectrumshould be made available on a non-exclusive basis. We believe that the language inS.911 is far superior to the House language.

America needs a sound and balanced spectrum policy that accommodates bothlicensed and unlicensed uses of spectrum. We believe that the bipartisan S.911 betteraccomplishes these objectives, and we urge you to keep these benefits in mind as finallegislation is considered.

. _~incerel~, _ /' L7-:XL~v~Richard D. HarnishExecutive Director

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