Spectrum issues, community wireless, muni broadband
The FCC decided the 3650-3700 Order today. You can find a link on the FCC Home page.
As is customary, the Order is not yet released, so we have only the press release to go on.
My first take is below. I know a lot of people are going to be upset that it requires licensing, but it is not a “licensed” regime anymore than a truly “unlicensed” regime. We need to keep an open mind and wait for the actual order to come out.
A mailing list I’m on pointed to this rant by Chris Davies against open spectrum, and asked for a response after it was cited approvingly (if confusingly) by Corante. While I am tempted to respond simply by reference to the filksong by Brenda Sutton, I will attempt a more substantive answer below (although everyone really should buy Rite the First Time to hear that song and others).
Esme Vos comments on a WSJ article suggesting that WiFi and cell phones are mortal enemies. Sorry, but such a simplistic view of the world doesn’t hold water for me. Sadly, I think the cell phone companies believe it.
Surprise! Surprise! Surprise! As recorded in this article about last night’s community meeting in Philly, Verizon has mobilized to squash municipal wifi in Pennsylvania. This little gem, called House Bill 30, is a classic: it provides huge new public subsidies for Verizon while squeezing out competitors. My analysis below.
I’m informed by my contacts that the FCC has traditionally exempted colleges and universities from OTARD on the grounds that the relationship is not a standard landlord/tenant relationship. As a consequence, the OTARD declaratory ruling does not apply to UTX or other dormitory situations. The June 24, 2004 ruling did not change any existing OTARD exemptions. It merely clarified that OTARD applied to unlicensed services as well as licensed services.
Looks like the UTX policy is therefore legal. Whether it is wise or not is an entirely different question, and not for yr hmbl obdnt to judge.
Stay tuned . . . .
As readers of Slashdot may have seen, The University of Texas at Dallas has prohibitted students in certain dorms from setting up wireless access points. If you read the policy, you will find out that the University is not simply amending its acceptable use policy (AUP), it prohibits setting up access points using residential DSL or cable.
Rather than break into the raging debate in the comments on how this policy meshes (as it were) with the FCC’s recent ruling prohibiting landlords from mandating such things, I’ll use Wetmachine to say what I want (but feel free to refer anyone from Slashdot over here to our humble corner of the internet if they would like to hear from a lawyer who dabbles in such things).
The FCC has now released the Order it published last week on allowing higher power outputs for “smart antennas.” A copy of the Order in word is available here, and pdf here. My extremely limited analysis below. Headline version: the FCC sidestepped some bad ideas and the order will generally improve the ability of equipment manufacturers and network providers to use unlicensed spectrum more efficiently and at slightly higher powers in existing bands. So call it a good day at the FCC.
I’m getting rather worried as I gear up for two major FCC proceedings that are supposed to be good proceedings for unlicensed spectrum access. Et Docket No. 04-151 proposes opening the 3650–3700 MHz band to unlicensed spectrum (proposed rules in pdf here). The other, ET Docket No. 04-186 proposes opening the broadcast bands to unlicensed spectrum access (proposed rules in pdf here). What could be wrong? See below. I sure hope someone other than me shows up to comment . . .
O.K., so what’s at stake this year and how can you participate? Read below on how to help get more spectrum available for unlicensed access, help boost available power, exercise your democratic rights with your web browser, and educate the FCC and your Congresscritter.
Or you can go back to being a cynical consumer moo cow who thinks bitching and moaning about how stupid government is relieves you of your responsibilities. (Think I have an opinion?)
In 2003, “wifi” went from geek toy to mainstream. But WiFi is only part of a much larger revolution in how people access and use the electromagnetic spectrum. Now, numerous competing and ill-fiting anaologies, “property,” “public commons,” “public trust” battle it out among Washington regulators. What’s at stake? While it sounds hyperbolic, this regulatory battle ground holds the key to the next stage of evolution of information technology. This is a background piece. I will post the current developments piece later.
