Back in the 1960s they used to say that "the issue is not the issue," meaning that whatever specific problem was being argued, larger principles were at stake. This observation seems to have returned with a vengeance in the matter of the M2Z network, whose principals will not take no for an answer from the Federal Communications Commission in their quest to create a smutless, free, national broadband system.

Over the last week a plethora of activity has whirled around the Great M2Z Crusade, much of it coming from parties who don't exactly endorse the M2Z concept per se, but like the idea that sometimes the FCC will do something with spectrum besides auction it off to the highest bidder.

But first let us recap the basics and latest developments.

Over the last year M2Z, founded by a former FCC bureau chief, has run a veritable marathon to win a big chunk of spectrum in the 2155-2175 MHz band to create a free, advertising based national broadband service. The zone would be accessible by a special attachment on your computer.

Endorsed by Utah Senator Orrin Hatch, the operation would include a "compulsory setting that will utilize state of the art network filtering technology to take every reasonable and available step to block access to sites purveying pornographic, obscene or indecent content."

M2Z says that it wants to roll out the network to 95% of the population of the United States within ten years of receiving a license. But the proposal has consistently collided into one detail: plans to put the spectrum that M2Z wants up for auction.

Two weeks ago M2Z announced that the company had learned that the Commission would reject their plan, and in response M2Z will take the FCC to court. The group argued that Section 7 of the Communications Act "requires a public interest determination on an application for new services or new technologies within one year of filing." M2Z's application has been on hold since early May of 2006.

Then M2Z took a deep breath and sent the FCC another letter conceding that the Commission may not have had time to analyze the M2Z application and supporting filings (docket number 07-16), now over 2100 in number, and that Section 7 decisions "rarely have been sought from the Commission." Therefore M2Z would "forebear" suing the FCC, at least for now.

But while M2Z's saber rose and fell, other parties got into the action, among them the Media Access Project (MAP) and the Public Interest Spectrum Coalition (PISC).

MAP/PISC's August 28th FCC filing argued that the M2Z application "promises significant benefits to the American people," most notably pledging a network neutral zone of broadband accessed spectrum, its capacity available to third party vendors on a wholesale basis. These were provisions that media reform groups wanted included in the upcoming 700 MHz auction.

But the MAP/PISC filing asked for the FCC to put strict requirements on M2Z:

" . . . if the Commission imposed a wholesale obligation similar to that proposed by PISC in the 700 MHz proceeding, imposed network neutrality conditions similar to those imposed in the AT&T/BellSouth Merger, imposed open device rules similar to those recently imposed on the 'C Block' in the 700 MHz proceeding (in addition to the open publication condition in the Application), and eliminated the filtering condition, PISC would support grant of the [M2Z] Application."

In any event, the filing argued that the FCC should extend the deadline for considering M2Z's application, and "give serious consideration to opening the band on a non-exclusive basis or, in the alternative, what rules for a licensed service would best serve the public."

On the same day, Google filed a similar request, arguing that whatever the FCC does about M2Z, the company favors the idea of a proceeding that explores "the desirability of a spectrum band plan that facilitates establishment of nationwide uses, through national licenses or regional licenses that allow combinatorial bidding;"

In other words, what both parties like about the M2Z proposal is the creation of a shared zone of spectrum - a region that companies and public interest groups could affordably access without necessarily having to bid in an auction.

On Friday, the FCC issued an Order denying the company's application for a national license in the 2155-2175 MHz band, as M2Z predicted the Commission would. But the agency also ruled that "the public interest is best served by first seeking public comment on how the band should be used and licensed."

One Commissioner also stated that such a comment cycle should include an open door to M2Z's participation. The rule-making should consider four options, argued Michael Copps:

(1) opening this band to unlicensed use, as has proved so productive in other bands; (2) designating it for an open access model that would combine wholesale broadband access . . . (3) using it to provide free, advertiser-supported broadband service (as initially proposed by M2Z and one other applicant) as well as a fee-based premium broadband service; or (4) allocating it through a traditional, largely unconditioned auction."

And so, whether M2Z gets what it wants, the company may help everyone else get what they need out of the 2155-2175 MHz band: access to the spectrum for a wide variety of public interest uses.

Not that M2Z appears to have given up. On August 31st the FCC also posted dozens of recent statements in support of the company's proposal, many coming from rural areas.

"Please don't let docket number 7-16 get swept under the rug," wrote the Economic Development Director of Canton, South Dakota on August 15th. It doesn't seem like anyone will let that happen soon.

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