Here's Mitchell Lazarus's take on this, which I would forward even if he didn't agree with me. Dave -----Original Message----- From: Mitchell Lazarus [mailto:lazarus@fhhlaw.com] Sent: Tuesday, February 07, 2006 2:43 PM Subject: No Wi-Fi Tax Recent reports of a proposed user fee on unlicensed spectrum, such as Wi-Fi, are unfounded. The reports apparently stem from a trade press item that misread the President's FY2007 budget submission. The budget refers to user fees on "unauctioned spectrum licenses," not unlicensed spectrum. That language would include, for example, private land mobile (such as taxi radios), point-to-point microwave, and satellite. (Even then, at this early stage of the budget process, it is highly uncertain that such fees would ever be imposed.) The budget passage in full: "To promote efficient spectrum use, the Administration proposes new authority for the FCC to set user fees on unauctioned spectrum licenses, based on public-interest and spectrum-management principles. Fee collections are proposed to begin in 2007 and are estimated to total $3.6 billion through 2016." Wi-Fi appears to be safe for another year. USUAL DISCLAIMER: This email is one of an occasional series on telecommunications regulatory issues sent to both clients and non-clients free of charge. It is not legal advice, neither creates nor extends an attorney-client relationship, and does not solicit the representation of entities that have regulatory counsel. Recipients are free to distribute this email to others, but please include this notice and the signature block. To add, change, or drop an email address, just let me know. Mitchell Lazarus Fletcher, Heald & Hildreth, PLC 703-812-0440 (voice) 703-812-0486 (fax) 301-537-7278 (mobile) MLazarus@alum.MIT.edu www.fhhlaw.com