tinitrd ~tetrs ~rnetr WASHINGTON, DC 20510 July 15, 2015 Chairman Thomas Wheeler Federal Communications Commission 445 12th Street SW Washington, DC 20554 Dear Chairman Wheeler: We applaud the work of the Federal Communications Commission in conducting a successful auction of the AWS-3 band, which yielded historic revenues, and we are confident that the incentive auction will be met with similar success. As the Commission readies for its July 16 open meeting, we write to urge caution on the proposal to repack full power broadcasters in the "duplex gap" of the new 600 MHz service. A diverse coalition of broadcasters, tech companies, and consumer advocates have raised concerns that placing broadcasters in the duplex gap will complicate and inhibit live news reporting in major urban areas. Furthermore, the current proposal would deprive millions of Americans of the fu ll benefit of next generation unlicensed technologies, including Wi-Fi, enabled by making three channels available for unlicensed use on a national basis. 1 As the Commission acknowledged in its May 2014 Order setting the framework for the incentive auction? the Spectrum Act of 2012 represents a carefully crafted compromise among many disparate goals. First and foremost, Congress directed the FCC to use a voluntary market mechanism to allocate valuable "low band" spectrum to meet our ever growing need for licensed mobile broadband capacity. Of equal importance, Congress requires the Commission to preserve the critical role free over-the-air broadcasters play in providing news- particularly local news and emergency information- to all Americans. Finally, Congress recognized that the FCC must continue to encourage innovation and meet the equally expanding demand for next generation unlicensed service by encouraging unlicensed spectrum access in the guard bands, including the duplex gap, on a non-interfering basis. It appears to be the consensus of a broad swath of stakeholders that the Commission should generally try to avoid placing broadcasters anywhere in the 600 MHz band when possible, but if the Commission must relocate a broadcaster to the 600 MHz band, it should place the broadcaster where its presence will cause the least amount of interference to 600 MHz I icensees. We urge you to adopt this broad industry consensus 1 Letter of Broadcaster and Unlicensed Coalition (July 7, 201 5). Available at: http://apps.fcc.gov/ecfs/document/view?id=6000 1113542 2 Expanding the Economic and Innovation Opportunities of Spectrum through Incentive Auctions, Report and Order, 29 FCC Red 6567 ("20 14 Framework Order"). of wireless bidders, broadcasters, tech companies, news organizations, and consumer groups. Preserving the duplex gap for nationwide unlicensed access and wireless microphone use will protect live news coverage and enable the development of next generation unlicensed technologies, which is essential to meet the goals ofthe Spectrum Act. Thank you for your consideration. CORY A. BOOKER United States Senator CHARLES E. SCHUMER United States Senator Sincerely, MARCO RUBIO United States Senator