Unlicensed media devices will be able to operate on unused TV channels, otherwise known as "white space," the FCC announced today, under new rules for rolling out the new technologies.

The guidelines "will significantly benefit the public by allowing the development of new and innovative types of devices and services for businesses and consumers," the Commission's First Report and Order concluded, "without disrupting television and other authorized services using the TV bands."

With the transition from analog to digital TV scheduled to finish in 2009, a considerable amount of spectrum will be available for new uses. Satellite based devices using geo-location techniques can detect such unused frequencies, or "white space," and route them to home entertainment systems, local area networks (LANs), and "community mesh networks" linking neighborhood LANs together.

Earlier this month a small group of top level computer software and hardware firms, including Dell, Hewlett Packard, Intel, and Microsoft, met with the FCC and urged them to approve the use of such devices on this vacant spectrum.

But today's decision set some limits on the new products these companies hope to market:

• Unlicensed devices won't be able to operate on TV channel 37, currently used by radio astronomy and wireless medical telemetry services
• They also will not be allowed to run on TV channels 52-69, reserved for public safety and other mobile services.
• The same will go for TV channels 14-20, used by public safety service in 13 cities. The Microsoft consortium specifically asked the FCC to consider modifying that restriction, but the Commission declined, pending a further Notice and Proposed Rulemaking on the issue.
• Marketing the devices won't start until after February 18, 2009, the deadline for completion of the digital television (DTV) transition.

All five commissioners approved the move, some with more enthusiasm than others. Democrat Michael Copps compared the white space frontier with Wi-Fi networks.

"Unlicensed uses most closely approach the idea of the people's airwaves," Copps said in his statement supporting the decision, "to be used in direct service of the public interest."

But FCC Chair Kevin Martin praised the decision more cautiously, expressing concern that, until now, low power devices might delay the progress of the digital transition.

"Now that Congress has established a 'hard date' for the DTV transition, however, the Commission should resolve outstanding technical issues so that low power devices designed to operate on unused TV frequencies may be placed on the market with the completion of the DTV transition," Martin's statement concluded.

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