On the Mark Ziff Davis Enterprise
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Friday, October 17, 2008 4:40 PM/EST

FCC Sets Election Day Blockbusters

Pick your fight, any fight, and you are likely to find it when the Federal Communications Commission next meets, on Nov. 4. Telecommunications mergers? Not one, but two will be on the agenda. White spaces? A vote is scheduled on the controversial measure. Intercarrier compensation? Yep, it's there, too.

Never in FCC Chairman Kevin Martin's three-year reign has he put so many hot-button items on one agenda. There's a reason: The meeting might well be Martin's last shot at establishing a lasting legacy at the agency. With a new administration and Congress being elected on the same day, Martin knows he may very well be out of work by January.

Closely associated with President Bush (he served on the Bush-Cheney vote recount team in 2000), Martin was appointed by the president to the FCC in 2001 and became chairman in 2005 following Michael Powell's resignation. Unlike Powell, with his often divisive leadership, Martin soon earned a reputation as conciliator but nevertheless hewed close to Powell's policies designed to free the then-Baby Bells from as much regulation as possible.

Then came the 700MHz spectrum auction and Martin shocked Republicans by pushing for some open network requirements on the winning bidder of the choicest slice of the airwaves. Republicans in Congress howled that the spectrum should go the highest bidder with no strings attached. Martin persevered, although it remains to be seen just how open the spectrum bought by Verizon Wireless for $4.6 billion will be.

Since then, Martin has become a cheerleader for open networks and more wireless broadband competition. He has tirelessly pushed for a plan that would allow tech giants such as Google and Microsoft to offer broadband services delivered over the interference buffer zones (known as white spaces) between digital television channels. The tech industry will be pulling hard for Martin's proposal Nov. 4.

Martin also announced this week, Oct. 15, that the FCC staff is prepared to approve the proposed merger between Sprint Nextel and wireless broadband provider Clearwire. The approval, also set for a vote Nov. 4, would grease the way for Sprint and Clearwire to continue their planned nationwide WiMax rollout.

Although it is not currently on the Election Day agenda, Martin is working to win approval for another spectrum auction in 2009 that would require the winning bidder to provide a free wireless broadband tier to 50 percent of the United States in four years and 95 percent of the country within 10 years.

Open networks and free "lifeline" broadband services? Who would have ever thought a Republican FCC chairman would support such notions? If Martin can pull it off, it will probably be his legacy.

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