Stalled White Spaces Rulemaking Closer to FCC Vote
The FCC, under growing congressional and high-tech sector pressure, is closer to approving a rulemaking opening unused TV channels to unlicensed use, sources said. The final “white spaces” rule could come this summer and would take effect after the DTV transition ends in 2009.
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A white spaces bill unveiled last week by Senate Commerce Committee Chmn. Stevens (R-Alaska) and other senators (CD Feb 21 p1) would open unused broadcast TV spectrum between 72 and 698 MHz. Sen. Allen (R-Va.) also introduced a bill. The war over white spaces will pit broadcasters against Microsoft and other high-tech firms eager for more spectrum to be used by Wi-Fi and other unlicensed devices. Broadcasters historically have urged the FCC to move cautiously, especially given uncertainty as they convert systems to digital.
“I'm hearing this is moving, maybe not this week, but relatively soon,” said a lawyer who lobbies the FCC. “Since Congress is getting involved, it gives [Chmn.] Martin cover to stand up to the broadcasters and that may be all he needs.”
Opening TV white spaces to unlicensed use ranked high as a recommendation in a 2002 report by the FCC’s Spectrum Policy Task Force. In May 2004, the FCC authorized a white spaces notice of proposed rulemaking that has languished since. The FCC was said to be near approval of a white spaces order in 2005, just before former Chmn. Michael Powell left the Commission, but never pulled the trigger.
Conventional wisdom has been that Chmn. Martin is reluctant to move forward. When the NPRM was voted out, he voiced concern about “the proceeding’s impact on the broadcasters and their transition to digital television.” Martin expressed similar sentiments in Dec. 2002, when the FCC launched an inquiry into permitting unlicensed transmitters to operate in additional frequency bands.
“I'm hearing lots of noises that were more positive than anything I expected, because Kevin Martin has traditionally been so hostile” to the proposal, a regulatory attorney said:
“There seems like there’s more openness than I ever expected that we'd see.” Introduction of white spaces bills “would seem to give him cover to proceed if he was inclined to do so,” a 2nd attorney said: “The problem is going to be working through adequate protection and ensuring the technology will work to protect incumbents. It sounds easy in principle. It may be more difficult in practice.”
Martin may be more pliable thanks to recent advances that reduce the risk of interference with broadcast signals, a proponent of freeing white spaces said. “Technology over the last couple of years has been pushed forward down the path enough to make something like this viable,” the source said: “Since this is being proposed for TV channels, the transmitters are static; they're not changing over time. It’s one of the easier cases to be able to address… This has a much better chance of actually working.”