Law in the Internet Society

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StephanieLimPaper1WhiteSpaces 6 - 04 Nov 2008 - Main.StephanieLim
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-- StephanieLim - 22 Oct 2008 just an outline, obviously...would welcome comments and suggestions
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Introduction: Background

Historical context of WhiteSpaces in broadcasting
 
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The term WhiteSpaces refers to the portions of the radio spectrum left deliberately unused to act as a buffer between licensed channels by reducing the chance for interference. Historically, unlicensed (illegal) use of WhiteSpaces--most notably by churches, the performing arts, and pirate radio--has been overlooked by the FCC.
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Why White Spaces Matter

The term WhiteSpaces refers to the portions of the radio spectrum left deliberately unused to act as a buffer between licensed channels by reducing the chance for interference.
 
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Current Situation

WhiteSpaces debate in present context, mobile devices
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In October 2006, the FCC authorized low-power wireless devices temporary use of the white spaces, as broadcasters abandon the spectrum in the anticipated switch to digital television February 18, 2009. Currently, legislation in under consideration with the FCC to determine whether to allow WhiteSpaces to remain unregulated, or whether to auction and license these portions of the radio spectrum.
 
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October 12, 2006 authorizes low-power wireless devices temporary use of the white spaces, as broadcasters abandon the spectrum in the anticipated switch to digital television February 18, 2009. This election day, the FCC will decide whether to allow WhiteSpaces to remain unregulated, or whether to auction and license these portions of the radio spectrum.
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Public Interest and Proof of Concept

The debate over White Spaces has taken on three major dimensions, all of which will converge at the hands of the FCC.
 
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Proponents and Opponents Proponents of flexible WhiteSpaces use include corporate interests (such as Microsoft and Motorola) that have backed unregulated WhiteSpaces in the name of innovations in wireless technology and mobile computing. Consumer advocacy groups maintain that opening up WhiteSpaces could aid in closing the digital divide.
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Consumer advocacy groups are focusing on the public interest piece of the debate, maintaining that opening up WhiteSpaces could aid in closing the digital divide. Allowing access to white spaces could provide countless under-served populations with access to the Internet at no cost. Ironically, opposition groups like the National Association of Broadcasters (NAB) have been appealing to the public for support in maintaining the integrity of the public airwaves--by closing them to public use.
 
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Opponents to deregulating the white spaces have called for delays until major device manufacturers can provide "proof of concept" that devices operating in white spaces would not interfere with licensed airwaves. In October 2008 the FCC decided that the burden of proof had been met. Non-technologists have jumped on the imperfect results, citing risks in emergency response, public safety, privacy, and licensed, commercial uses. The climate of innovation will not thrive, however, under pending regulation.
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Additionally, opponents have called upon major device manufacturers to provide "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, groups like 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.
 
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Conclusion

Lack of expertise in policy arena could lead to stifling of innovation...
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Politics

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 6r6 - 04 Nov 2008 - 16:32:42 - StephanieLim
Revision 5r5 - 03 Nov 2008 - 20:49:06 - StephanieLim
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