Almost anyone who uses a tablet computer, laptop, or smartphone has likely taken advantage of the availability of unlicensed spectrum the FCC has provided in the past by using one of the growing Wi-Fi spots available at coffee shops, stores, and other places around the country. Kerry and other lawmakers, as well as tech companies, public-interest groups, and others, would like to see the FCC free up even more unlicensed spectrum for Wi-Fi and new technologies but worry the provision in the spectrum bill approved by the House Energy and Commerce Communications and Technology Subcommittee could derail that effort.
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Reed Hundt, who served as FCC chairman during the Clinton administration, described the House spectrum bill as “the single worst telecom bill I have ever seen.” Hundt, however, said he is concerned it could get passed as part of the payroll-tax package because many members want to see payroll-tax cut extended.
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Supporters of the House spectrum language may have the upper hand in negotiations with the Senate on the payroll-tax package. Both Walden and Energy and Commerce Chairman Fred Upton, R-Mich., are among the House conferees on the payroll-tax measure as is Energy and Commerce ranking member Henry Waxman, D-Calif. However, no Senate Commerce Committee members are on the payroll-tax conference panel, which would allow them to directly push for their version of the spectrum legislation.

“I’m worried … about the dynamics of the payroll-tax process because I’m not sure everybody engaged in that shares quite the same sensitivity that is represented in this room and elsewhere,” Kerry said.