Elliot Noss, CEO of Tucows, has adopted a quirky and admirable approach to submitting filings to official bodies looking for comments on policies. Rather than writing the traditional legalistic brief, he has been commissioning pieces more readable by the non-lawyerly. I wrote an essay for him on copyright, and he’s just submitted and posted a second one by me on spectrum policy. [Disclosure: 1. Elliot is my friend. 2. He offered to pay me for writing this.]

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David Reed blogs about recent research on “practical ways to construct EM (radio) waves with new, complex 3D structures that propagate while maintaining that structure, not necessarily in spherical or cylindrical shapes.” I am not even close to understanding the physics, but, as David writes, this sort of possibility makes it clear how foolish it is to regulate the airwaves as if they were real estate that has to be divided up into slices that are awarded as monopolies to the highest bidder. David writes:

… the policy issue is that such systems for multiplexing such EM fields don’t fit the “law of the land” regarding sharing the medium. So, like UWB [ultra wideband] and spread spectrum underlay, and white spaces, all that capacity will evaporate in attempting to fit the technology into the procrustean bed of the FCC’s “property rights in spectrum” legal framework.

The “property rights” model of spectrum allocation and radio regulation is based on physics-by-analogy, ignoring the reality of propagation. It’s time to end the ignorance of economists and lawyers, and replace physics-by-analogy with better physical analysis.

Or, to put the analogy the other way, if real estate operated the way energy and information do, the little slice of beach front you’re charging $5,000 a night for would go from having room for four honeymooning couples to being the 127 miles of the New Jersey coastline and simultaneously a set of holiday villas in Brazil, just because a Swedish scientist found some new way of twisting it around. In such a case, the FCC (Federal Coastal Commission) would probably want to rethink its rules for allocating beachfront properties. [Tags: david_reed fcc spectrum open_spectrum ]

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In this week’s Radio Berkman podcast, I interview Stephen Schultze about the FCC’s auctioning off spectrum to a national provider who would be required to use 25% of it for free, nationwide wifi. There’s only one catch: That wifi would have to only connect to sites and services that are safe for minors (defined as people between 5 and 18).

After we had recorded this interview last week, the FCC postponed voting on the proposal, and since it’s the baby of the outgoing Chair, it’s probably postponed forever. Still, the idea raises some really interesting issues. Steve and I focus on the free speech considerations, although the opposition from other spectrum-holders certainly could not have encouraged the FCC.

[Tags: berkman fcc wifi wi-fi spectrum free_speech censorship kevin_martin podcast stephen_schultze ]

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The FCC has approved unlicensed use of the White Spaces. This frees up spectrum for innovation. See Harold..

[Tags: fcc spectrum white_spaces ]

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Google is taking to the public in its lobbying of the FCC to make the “white space” available for wireless broadband. This is the space between designated channels. Right now, we use it as sort of bowling alley gutter bumpers between assigned frequencies, but given modern technology, we can make better use of it, if only we’re allowed to.

Google has a form for sending a message to the FCC, as well as some useful explanatory materials…

[Tags: fcc google spectrum white_space ]

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On the heels of her splendid explanation of the outcome of the 700MHz auction, Susan Crawford explains Google’s proposal to the FCC for the “white spaces.” Here’s my take on her take. (The NYT also has a useful article.) (Note: All errors in the following are mine. I am in over my head.)

Congress has mandated the end of over-the-air broadcast of analog TV signals. This frees up some spectrum. (Spectrum = frequencies = colors) Actually, it frees up a lot of spectrum: the 700MHz auction was for just 22MHz of frequency, whereas we’re now talking about 300MHz of spectrum. So, what should we do with this newly unbound stretch of public airwaves?

We could slice it up and sell it off to private companies. That’s generally what the FCC does with spectrum. And that made sense back in the 1930s when the FCC was created. Radios were so primitive that broadcasters had to be given untrammeled access to a frequency to avoid “interference” with other broadcasts. So, the FCC sold swaths of spectrum to broadcasters, but, recognizing that spectrum belongs to the public, the FCC also placed some requirements and restrictions on broadcasters.

Radio technology has advanced since the day the Titanic’s signal wasn’t decipherable. Not only are radios better able to tune in to particular frequencies and strip out noise, they are also able to respond dynamically. They can, for example, hop around the spectrum to hold on to a particular broadcast, if the broadcaster changes lanes, so to speak, in order to find a less unoccupied frequency. Not only does this sort of “open spectrum” approach promise far more efficient use of available spectrum — more bandwidth, to put it inaccurately — but it means that the government doesn’t have to decide for us who gets to use the spectrum. (For more on this, see David Reed’s explanation.)

Google has outlined to the FCC how it would use unlicensed white space spectrum. It’s proposing conservative approach that moves cautiously toward open spectrum, providing the FCC with a vision for how the white space spectrum might bring enormous benefits.

Google envisions how wireless devices running the Android operating system — Google’s mobile operating system — might use the white space frequencies. Google points out that such devices could help deliver Net access to rural areas, a sore spot at the FCC since the policy of handing the Internet over to a duopoly has kept the rural and the poor in the dark. (Surprise!) But, as Susan writes:

Google suggests that *all* devices for unlicensed use of the white spaces should be required to receive an “all clear” signal for the particular channel where they wish to operate, by using geolocation, checking a database of licensees in that location, and getting permission in advance.

This would achieve some of the objectives of an open spectrum system, allowing for the dynamic allocation of frequencies. Google suggests that they could use dynamic auctions to assign frequencies for limited times and strengths, adding another element of extrinsic control (as opposed to a fully open spectrum approach that depends on the devices negotiating for the airwaves). Further, Google suggests that some channels be kept unavailable for all but some high-priority, specialized uses.

This is a calm and rational approach that could see an enormous blossoming of innovation. Think about how many devices exist because tiny ranges of spectrum have been left unregulated. Opening a big swath of spectrum is like opening up a big tract of land. Who knows what we’ll build once we have the space? [Tags: fcc spectrum susan_crawford google open_spectrum wifi ]

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Harold Feld thinks Google conceded too much too soon.

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Harold Feld, who understands this stuff as well as anyone and 150 times better than I do, is calling on the FCC to stop the current spectrum auction because of underhandedness in the killing of the bid by the Frontline group. Harold has more details here. And Dow Jones has a shorter version here. Harold also points to an op-ed by one of the Frontline members.

[Tags: fcc auction d_block harold_feld frontline spectrum telecommunications ]

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