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FCC PROBES USE OF TV WHITE SPACES BY WISPs

In a move already causing anxiety among broadcasters, the FCC Thurs. approved a rulemaking that could clear the way toward the use of more unlicensed devices in the white spaces between TV channels, especially by wireless Internet service providers (WISPs).

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The proposal specifically exempts certain channels -- including 2-4, 37, 52-59, and 14-20 -- where used for private land mobile radio service. The rulemaking wasn’t released Thurs. Edmond Thomas, Office of Engineering & Technology chief, said he has already had many conversations with broadcasters about the FCC’s goals in launching the investigation, which grew out of the Spectrum Policy Task Force. An FCC source said one incentive to broadcasters to buy into the plan may be allowing them to offer wireless broadband services as a new business line. Broadcasters could offer the service themselves or serve as a conduit for another provider.

“This technology has the potential to provide greater service to the American public,” Chmn Powell said. “It promises to dramatically increase the availability and quality of wireless Internet connections -- the equivalent of doubling the number of lanes on a congested highway. Such technologies could create the same explosion in new business and growth that we have seen in the case of Wi-Fi and Bluetooth.” But Comrs. Martin and Adelstein expressed concerns the rulemaking could slow the DTV transition. “It is worrisome that we are undertaking this proceeding in the middle of our important digital TV transition,” Adelstein said. “I have lingering questions about the wisdom of allowing unlicensed operators in the vacant TV bands before the DTV transition is complete.”

Broadcasters were quick to raises concerns, while proponents of unlicensed devices generally approved. “The ruling appears to play interference roulette with 100 million TV sets,” said MSTV Pres. David Donovan. MSTV objects to wireless broadband use of the TV broadcast band without field testing for interference. “The burden should be on the news services industry to conduct the field tests,” Donovan said. Channels deemed vacant may not be vacant at a time when broadcasters transition to DTV, Donovan said. He also questioned how the FCC would enforce the protection if interferences occurs: “An unlicensed regime is going to be difficult to locate.”

NAB Pres. Edward Fritts said: “We have serious concerns that the introduction of unlicensed devices into the television band could result in unforeseen interference in broadcast service to millions of television viewers. We will work with the FCC to ensure that this proposal can be accommodated while preserving interference-free over-the-air television.”

The Media Access Project (MAP) and the New America Foundation praised Powell for pushing forward the rulemaking. “This action will bring wireless broadband to all Americans,” said Harold Feld, assoc. dir. of MAP: “From poor inner city neighborhoods to rural areas where cable and DSL don’t find it profitable to deploy, this empowers citizens to construct the networks they need, available when they want them.”

The rulemaking could be particularly helpful to WISPs, the FCC said. “These proposals advanced by the Commission are intended to allow the development of new and innovative types of unlicensed broadband devices and services for businesses and consumers by utilizing vacant spectrum that is particularly well suited for these purposes,” the Commission said. “Due to the physics of signal propagation, transmissions in the TV band can travel farther and can better penetrate into buildings than transmissions in the spectrum where existing unlicensed wireless broadband operations are permitted.”

TV channels have been underutilized for “more than half a century,” said Pat Gelsinger, Intel CTO: “Releasing this spectrum for unlicensed use will help foster new technologies, create opportunities for business, and bring exciting new products to consumers.”

The FCC approved a notice of inquiry in December 2002 that proposed permitting unlicensed devices in both the TV spectrum and the 3650-3700 MHz band, but it decided to split the proceedings.