Carriers Concerned About Private Commons Proposal
Wireless carriers, responding to an FCC request for comments, praised the FCC for moving forward on “market- oriented” policies for opening the secondary spectrum market but warned that a proposal to adopt a “private commons” model must come complete with controls to protect other incumbents.
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As part of its ongoing revamp of secondary market rules, the FCC asked for comment on a rule change allowing license holders to let others use their spectrum. The only devices that would be allowed to operate in this “private commons” would be peer-to-peer gear, for example a local area network (LAN) connecting 2 computers or mobile devices.
“The FCC’s private commons model represents opportunities for pursuing unique and unprecedented secondary markets arrangements with new technologies, while appropriately keeping control -- particularly with regard to issues of interference -- with the licensee,” CTIA said. “The Commission, however, must adopt rules that will ensure interference protection to non- participating licensees.” CTIA asked the FCC to provide clear rules of the road for these private commons uses. Specifically, the association said, it should make it clear that devices connected through a LAN “cannot be used outside the licensed spectrum and geographic area of the licensee that authorized use of its spectrum.” The CTIA said the FCC could accomplish this goal in several ways, for example by requiring that the device itself be intelligent enough to determine whether it’s operating in its licensed spectrum.
Cingular said the FCC should clarify that the leaser of the spectrum, not the license holder, should be responsible for interference problems. “The Commission should clarify that it will evaluate rule compliance by the licensee or lessee based on the terms and conditions established for operation within the ‘private commons’ and that non-compliance with these provisions by a user of the private commons will not result in liability to the licensee or lessee.” If proper protections aren’t established, Cingular warned, “the risk of establishing a ‘private commons’ may exceed any potential benefit.”