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FCC Votes to Open "White Spaces" for Use

Unlicensed spectrum could power new Internet devices

By Martin H. Bosworth
ConsumerAffairs.com

November 4, 2008

By a vote of 4-1, with one commissioner partially dissenting, the FCC ruled at its monthly meeting that "rules adopted today will allow for the use of these new and innovative types of unlicensed devices in the unused spectrum to provide broadband data and other services for consumers and businesses."

"Opening the white spaces will allow for the creation of a WiFi on steroids," said FCC chairman Kevin Martin, a strong supporter of the proposal. "Consumers across the country will have access to devices and services that they may have only dreamed about before."

The vote capped several years of debate over whether use of the spectrum might interfere with existing wireless devices and television broadcast industries. The National Association of Broadcasters (NAB), a staunch opponent of the "white spaces" project, launched an intensive last-minute lobbying campaign to delay the vote in order to perform more tests of unlicensed devices.

Supporting the use of white spaces was an array of tech titans including Google and Microsoft, as well as consumer advocacy groups such as Consumers' Union, the U.S. Public Interest Research Group (PIRG), and Free Press. Free Press' policy director Ben Scott said that "the FCC chose to put politics aside and voted in favor of a policy grounded in sound science."

"The phone and cable companies that dominate the broadband market promise more of the same slow speeds and high prices that put us in this mess," Scott said. "Opening white spaces adds much-needed competition and innovation -- sparking economic growth at a time when jobs and investment are on a downward spiral."

"A small step and a giant leap"

The FCC commissioners universally expressed their support for white spaces as a means to provide the American consumer more communications choices, though each one viewed it through different lenses. Republican Robert McDowell said the vote was for "creating the opportunity for an explosion of entrepreneurial brilliance."

"[T]he FCC is making both a small step and a giant leap," McDowell said. "Our de-regulatory order will allow the market place to produce new devices and new applications that we can’t even imagine today."

Democratic Commissioner Jonathan Adelstein supported the use of white spaces to power a "third pipe" for Internet connectivity to the home, competing with existing cable and telecom companies. "One of the best options for promoting broadband and competition across the country, particularly in rural areas, is maximizing the potential of spectrum-based services," Adelstein said.

Fellow Democrat Michael Copps noted that ten years ago, many thought the usage of spectrum for wireless Internet connectivity was impossible or foolish. "That, to me, is the most important lesson of the wireless revolution: as technology marches on, the real winners are American consumers."

Although Republican commissioner Deborah Taylor Tate supported the move as necessary to build jobs in the current economic downturn. But she also sounded the sole note of dissent through concern that not enough was done to ensure the new devices would not interfere with existing wireless transmissions or systems.

"[T]he potential impact of millions of devices in the marketplace calls for a prudent process for recall, provisions for mitigating interference caused by faulty equipment, and a clear exposition of fines and penalties for violations," Tate said. "I felt it was imperative to deal with this on the front end, but today’s item is not sufficiently clear on these matters."

Martin, a Republican, said in his statement that the FCC's team of engineers had tested devices exhaustively to ensure they would operate safely, and that new inventions would incorporate "geo-location" to prevent overlap with other products. "Such devices will only be deployed after they have demonstrated their effectiveness through a vigorous, public, proof of performance process," Martin said.

Across the spectrum

The white spaces vote took on special importance after the FCC's auction of wireless spectrum earlier this year. Although consumer groups had advocated that the spectrum be opened for use as a third pipe, the auction was won by incumbent telecom companies such as Verizon and AT&T.

But the FCC also ruled that consumers should be free to use any device they want on the spectrum, meaning that wireless handsets that work with only one carrier should be "unlocked," and that phones from any manufacturer should be able to work without restriction.

The white spaces vote represented another consumer-friendly move for the Martin-led FCC, which has distinguished itself for a generally laissez-faire and supportive position towards business interests.

As Save The Internet's Tim Karr put it, "The decision to open white spaces puts consumers first, marking a change in Internet policy we can all believe in."

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