Here’s a press release from Josh Breitbart and Free Press about the hearing:

Groups Call on NYC to Open Public Airwaves to New Technology

City Council should embrace ‘white spaces’ and bring high-speed Internet to all New Yorkers

NEW YORK—Community media, public interest and immigrant rights advocates are calling on the New York City Council to endorse “white spaces” technology that could boost the economy and drive down the cost of mobile phone calls and Internet access.

White spaces are the unused portions of the public airwaves between television channels. According to a study conducted by Free Press, one-fifth of New York City’s television channels are currently not being used. New technology can use this vacant spectrum to send powerful, high-speed Internet signals—connecting New Yorkers to a fast, open and affordable Internet.

“Opening the white spaces would close the digital divide, and it wouldn’t cost us a dime—or, rather, it would save us a lot more than a dime on what we’re paying now for Internet access and cell phone service,” said Joshua Breitbart, policy director of People’s Production House.

The Federal Communications Commission is currently considering whether to open up the white spaces to the public. Engineers at the FCC, through extensive testing, have shown that low-power, mobile devices can utilize white spaces to connect to the Internet without interfering with TV broadcasts and wireless microphones on adjacent channels.

Lobbyists from the National Association of Broadcasters, cell phone carriers and wireless microphone companies have launched a misinformation campaign to prevent white spaces from being used to provide high-speed broadband access.

“Unfortunately, many key decision-makers simply lack the bandwidth to investigate the benefits of white spaces technology,” said Timothy Karr, campaign director of Free Press. “Instead they hear misinformation from industry lobbyists who come knocking with lies and spin meant to paint this technology as a danger to humanity.”

A draft resolution currently before the City Council, sponsored by Councilmember Gale Brewer and Speaker Christine Quinn, claims white space devices would be “devastating” to Broadway productions. The City Council Committee on Technology in Government is holding a hearing on the resolution on Monday, Sept. 29, 2008, at 10 a.m., in the Committee Room of City Hall. It is a public forum where anyone can testify.

“White spaces could provide an affordable alternative for people like me who use expensive phone cards to call family and friends back home in other countries,” said Abdulai Bah of Nah We Yone, a community group that advocates for African refugees in New York.

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Under the legislation before us, the district court would simply decide whether or not the telecommunication companies received documentation stating that the President authorized the program and that there had been some sort of determination that it was legal.

But, as the Intelligence Committee has already made clear, we already KNOW that this happened.

We already KNOW that the companies received some form of documentation, with some sort of legal determination.

But that’s not the question. The question is not whether these companies received a “document” from the White House. The question is, “were their actions legal?” It’s rather straightforward—surprisingly uncomplicated.

Either the companies were presented with a warrant, or they weren’t. Either the companies and the President acted outside of the rule of law, or they followed it. Either the underlying program was legal or it wasn’t.

Because of this legislation, none of the questions will be answered, Mr. President. Because of this so-called “compromise,” the judge’s hands will be tied, and the outcome of these cases will be predetermined. Because of this compromise, retroactive immunity will be granted and that, as they say, will be that. Case closed.

No court will rule on the legality of the telecommunications companies activities in participating in the president’s warrantless wiretapping program.

None of our fellow Americans will have their day in court.

What they will have is a government that has sanctioned lawlessness.

Well, I refuse to accept that, Mr. President. I refuse to accept the argument that because this situation is just too delicate, too complicated, that this body is simply going to go ahead and sanction lawlessness.

We are better than that.

Read the entire speech

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Learning the right lessons and emulating the right policies here will enable the United States to improve our broadband performance faster than in the absence of proactive policies. The report analyzes the extent to which policy and non-policy factors drive broadband performance, and how broadband policies related to national leadership, incentives, competition, rural access, and consumer demand affect national broadband performance. Based on these findings the report makes a number of recommendations to boost U.S. broadband performance.

Executive Summary (pdf)
Full Report (pdf)

The report is extensive, and has some very good policy recommendations that should be heeded by all levels of government.

Overall, at the broadest level, nations with robust national broadband strategies—that is, those that make broadband a priority, coordinate across agencies, put real resources behind the strategy, and promote both supply and demand—fare better than those without.

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From Kunal Malhotra, Director of Legislation & Budget, Office of Council Member Gale A. Brewer:

Coming on the heels of successful public hearings in the Bronx and Brooklyn where hundreds of people attended, the New York City Broadband Advisory Committee will hear from policy experts and Manhattan residents and business people in a Public Meeting of the Broadband Advisory Committee in Manhattan. During this official hearing on the borough’s Broadband status, the City Council seeks to answer the following questions: How important is affordable Broadband to businesses and to under-served communities? How will high-speed Internet connections improve the quality of life for all New Yorkers and their families?

“New York is the most dynamic city in the world. But when it comes to the Internet, we’re working to catch up to other jurisdictions,” said Council Member Brewer, Chair of the New York City Council’s Committee on Technology in Government. Brewer sponsored Local Law 126, which created the NYC Broadband Advisory Committee. “I am excited to work with the Mayor’s Office in making New York a place where you don’t have to pay to go slow. We need affordable high-speed Internet connections to bring in jobs, help schools, and make the city safer.”

According to the Pew Internet and American Life Project, 27% of American households are still not using the Internet at all and “those with less education, those with lower household incomes, and Americans age 65 and older are less likely to have embraced broadband than those who are younger and have higher socio-economic status.” Seeking to address these same imbalances, Broadband Advisory Committee Chairperson, Shaun Belle, and CEO of Mount Hope Housing Company said, “Understanding the challenges to Broadband connectivity for the average New Yorker is a primary focus of the Broadband Advisory Committee; exploring and potentially implementing solutions to address these challenges will be the basis of our future planning.”

Andrew Rasiej, an Advisory Committee Member and the Founder of the Personal Democracy Forum and MOUSE said, “These hearings are critical to focusing broad political attention and building consensus for the need to guarantee all New Yorkers an opportunity to participate in the 21st Century economy.”

The New York Broadband Advisory Committee was created by Local Law 126, a bill sponsored by Council Member Gale Brewer. The purpose of the Committee is to advise the Mayor and the City Council on how to bring affordable high-speed Internet connection to all New York City residents, nonprofit organizations and businesses. The public hearing in Manhattan is the third in a series of five being convened in every borough. Queens and Staten Island hearings are scheduled for early 2008.

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This paper argues that the consensus in favor of more broadband competition ignores the fact that because broadband displays natural monopoly or duopoly characteristics there are significant trade-offs between more competition and goals of efficiency, innovation, low prices, and higher speeds and broader deployment. As a result, it’s a mistake for policy makers to assume that if they simply “push the competition lever” all the problems with broadband policy will be solved. Some problems will recede, but others are likely to emerge. As a result, if policymakers seek to maximize not only societal welfare, but consumer welfare, they need to balance the push for more competition with the need to create an efficient industry structure.

Seems very insightful and reasonable guide.

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