FCC Okays Long Awaited Order Opening Broadcast White Spaces
The FCC Thurs. opened the door to use of broadcast “white spaces” for wireless broadband, approving a long- anticipated rulemaking. But the Commission declined to make a recommendation on whether the spectrum should be offered purely for unlicensed use, as sought by Intel, Microsoft, HP, Dell and other major high-tech companies.
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
The agency did make a few key policy calls, such as taking some channels out of consideration, in a first report and order and accompanying NPRM that raises a number of questions about use of white spaces. TV channel 37, used by radio astronomy and wireless medical telemetry services, as well as TV channels 52-69, reallocated for public safety and other mobile services, are off limits. The FCC will examine whether to permit use of mobile or just fixed devices in channels 14-20, used by public safety in 13 cities, it said.
The rulemaking is a step forward, said Scott Harris, who represents high tech companies on white spaces. He doesn’t expect the spectrum to be sold at auction for “licensed” uses, he said: “I fully understand why the Commission felt it needed to ask questions about licensed use of the white spaces, but it would make no sense whatsoever to allocate the white spaces for licensed services, and from everything I've seen and heard, the Commission knows that too.”
The TV channels should be opened for unlicensed use, FCC Comr. Copps said: “The Commission’s assumption has always been unlicensed -- indeed, the caption of our 2004 NPRM and of today’s item is ‘Unlicensed Operation in the TV Broadcast Bands. Unlicensed uses most closely approach that ideal of the people’s airwaves, to be used in direct service of the public interest.”
FCC Comr. Adelstein would have “preferred a tentative conclusion” in favor of unlicensed use, he said. “Unlicensed services, with their low barriers to entry, present such a great opportunity for the deployment of broadband offerings in communities across the country no matter their size or financial status,” he said.
“The Commission looks at making sure that we have a balance of both licensed and unlicensed spectrum available, and unlicensed and licensed uses have different… pluses and minuses,” FCC Chmn. Martin told media after the meeting. “This one doesn’t have a tentative conclusion, but we're asking what would be the best use of this spectrum both from a technical perspective and a policy perspective.” Comr. McDowell is pleased that the agency was able to move on the white spaces order, he said: “Permitting entrepreneurs to operate in the TV bands will benefit manufacturers, service providers and consumers by fostering the development of new delivery platforms and enhancing the range of existing platforms.”
The decision not to favor unlicensed over licensed use was no surprise, since the Commission needs a more thorough record before making such recommendations, agency sources said. The FCC Spectrum Policy Task Force urged opening the white spaces in 2002; in 2005, the FCC nearly issued a final rule, during then-Chmn. Michael Powell’s final days in office.
“Today’s FCC action is another step forward in freeing more public spectrum for productive public use,” the Media Access Project said: “The FCC has wisely decided to rely on empirical testing rather than the doomsday predictions broadcasters practicing the spectrum equivalent of NIMBY (not in my back yard).”
CEA is pleased to see the TV white spaces proceeding “move forward,” Julie Kearney, senior dir. & regulatory counsel, said: “We look forward to providing information to the Commission so that innovative new services may be offered to consumers, while ensuring that our nation’s transition to DTV is successful.”