Law in the Internet Society

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StephanieLimPaper1WhiteSpaces 11 - 09 Dec 2008 - Main.StephanieLim
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-- StephanieLim - updated 20 Nov 2008

The Red Herring

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The term WhiteSpaces refers to the portions of the radio spectrum left deliberately unused between licensed channels. In October 2006, the FCC authorized low-power wireless devices temporary use of the white spaces, as licensed broadcasters abandon the spectrum in the anticipated switch to digital television in February 2009. On November 4, 2008, the FCC ruled to allow unlicensed use of the white spaces.
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The term WhiteSpaces refers to the portions of the radio spectrum left deliberately unused between licensed channels. In October 2006, the FCC authorized low-power wireless devices temporary use of the white spaces, as licensed broadcasters abandon the spectrum in the anticipated switch to digital television in February 2009. On November 4, 2008, the FCC ruled to allow unlicensed use of the white spaces.
 After the switch to digital television, however, how relevant will this ruling be? With all the licensed broadcasters vacating the spectrum, WhiteSpaces will no longer be the bargaining chips for community advocacy groups; the entire broadcast spectrum will be up for grabs.
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The National Association of Broadcasters (NAB) presented the strongest opposition to the FCC ruling, squabbling with consumer advocacy groups and the White Spaces Coalition over that devices operating in white spaces would not interfere with licensed airwaves. Although in October 2008 the FCC decided that the burden of proof had been met, the NAB have jumped on the imperfect results, preying on a combination of fear and the general lack of technical knowledge. Citing risks in emergency response, public safety, privacy, and licensed, commercial uses, the NAB has called for delays until a more robust burden of proof can be met. A major support group, the White Space Coalition, composed of technological corporations, has been working with the FCC to do just this. The NAB’s continuous involvement is curious, given that, in the digital world just a few months away, the NAB will completely lose its stake in the broadcast spectrum, per the 1996 Telecommunications Act.
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The National Association of Broadcasters (NAB) presented the strongest opposition to the FCC ruling, squabbling with consumer advocacy groups and the White Spaces Coalition over "proof of concept” that devices operating in white spaces would not interfere with licensed airwaves. Although in October 2008 the FCC decided that the burden of proof had been met, the NAB have jumped on the imperfect results, preying on a combination of fear and the general lack of technical knowledge. Citing risks in emergency response, public safety, privacy, and licensed, commercial uses, the NAB has called for delays until a more robust burden of proof can be met. A major support group, the White Space Coalition, composed of technological corporations, has been working with the FCC to do just this. The NAB’s continuous involvement is curious, given that, in the digital world just a few months away, the NAB will completely lose its stake in the broadcast spectrum, per the 1996 Telecommunications Act.
 

Hold the Champagne…

Historically, unlicensed (illegal) use of WhiteSpaces--most notably by churches, the performing arts, and pirate radio--has been overlooked by the FCC. If we bear in mind that the primary goal of the FCC is to guard the public interest, we must learn from past regulations to see that auctioning off public property to the highest bidder hardly meets this goal. Currently, flexible use of white spaces is leading to innovations in wireless technology, diversification of users and producers, and improving the dynamic relationship between users and producers.

Revision 11r11 - 09 Dec 2008 - 04:11:46 - StephanieLim
Revision 10r10 - 20 Nov 2008 - 20:13:06 - StephanieLim
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