A representative of a small group of top level computer software and hardware firms backed by a prestigious foundation met with the Federal Communications Commission last Wednesday, October 4th, and urged the agency to reserve so-called "white space" TV spectrum solely for unlicensed devices.
"White space" is a term used to describe unused spectrum in the television broadcast channel bands. The consortium, whose agent met with Bruce Gottlieb, legal advisor to FCC commissioner Michael Copps, includes Dell, Hewlett Packard, Intel, Microsoft, and the New America Foundation. The group's spokesperson, Scott Blake Harris, also suggested that the Commission "not prematurely decide that television broadcast channels 14-20 cannot be used by unlicensed devices anywhere in the country." The FCC currently licenses those channels for public safety in thirteen cities.
Two days earlier Harris met with Fred Campbell, legal advisor to FCC Chair Kevin Martin.
Background
In May of 2004 the FCC issued a Notice of Proposed Rulemaking proposing to allow "unlicensed devices" to run on TV frequencies made available by the analog-to-digital TV transition, scheduled for completion by February of 2009. Such devices would include rural wireless broadband, digitally connected "in-home media" such as stereo systems and portable music players, office local area networks, and so-called "community mesh networks" that allow neighbors to merge their home networks together.
The Notice proposed that these unlicensed devices incorporate geo-location methods to determine which TV channel spectrum is available at any given moment. The unlicensed devices would operate only when they could reach a control signal that spots the vacant TV channels in their region.
Although the FCC decided that it could not come to a full decision on the proposal based on the comments it received, its Office of Engineering and Technology (OET) outlined a timeline for further progress:
- The agency will issue a First Report and Order and Further Notice of Proposed Rulemaking this month.
- From March through July 2007 the FCC will test for and then specify final technical requirements for unlicensed devices that would run in various TV bands.
- In December of 2007 the FCC will accept applications for the certification of unlicensed devices.
- In February of 2009 unlicensed products will begin to sell on the retail market—at the same time as the analog-to-digital TV transition is scheduled for completion.
Points of conflict
Not all parties support this timeline. On the same day that the Microsoft, HP group met with a representative for Michael Copps, a scientist, an engineer, and an attorney representing the National Cable and Telecommunications Association (NCTA) met with OET staff "to discuss the cable industry's concerns about the potential for harmful interference to cable systems if unlicensed devices are permitted to operate in unused TV broadcast spectrum."
The NCTA group warned of potential interference that could be created by unlicensed consumer electronics receivers and wireless microphones used for live programming.
The Microsoft group, by contrast, urged the FCC to move quickly on their timeline. Among their suggestions:
- Create a new comment cycle to determine the potential uses for public safety channels 14-20: "While television broadcast channels 14-20 are licensed for public safety use in thirteen cities, and that use surely must be protected, those channels are not used for public safety purposes in most of the country," the group's filing explains. "Accordingly, it is too soon for the Commission to decide that those channels should not be used by unlicensed devices anywhere."
- The Commission should reserve white spaces for unlicensed use.
- Unlicensed devices must accept the obligation of protecting all licensed services from interference.
- "Any attempt to craft licensing rules for the white spaces would inevitably delay use of that spectrum long after 2009 and potentially undermine the delivery of important services and technologies to consumers."
While it is obvious why software and hardware creators Dell, Hewlett Packard, Intel, and Microsoft are pressing this agenda, the New America Foundation's motives are less clear.
In mid-July, Microsoft Senior Vice President Brad Smith appeared at a New America forum titled "How Will Microsoft Enhance Windows While Promoting Competition?" New America CEO Ted Halstead also spoke at the event.
The foundation's board includes Google CEO Eric Schmidt, former New Jersey governor Christine Todd Whitman, and oil industry historian/consultant Daniel Yergin.
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