As we enter the last 24 hours before the critical and transformative November 4 vote (no, not this one, the FCC vote!), a last battleground has emerged. While the broadcasters and wireless microphone guys have generally not generated any traction, a final possible hitch has shown up on the question of higher power for rural providers. While I applaud the sentiment, this has become the last ditch effort to sneak a “poison pill” into the Order by keeping alive the hope/fear of exclusive licensing in the band.
As I have long warned, the potential last-minute threat to unlicensed in the band would not come from broadcasters, whose interference claims have been discredited and who have stooped to rather ridiculous smear tactics, or even from wireless microphone manufacturers and their vast horde of politically powerful pirate users. No, I have always believed that at the last minute, the real flank attack against the public interest would come from the licensed wireless guys pushing for licensed backhaul.
Which is why I am unsurprised to find the last potential stumbling block toward the finish line, after five years of unprecedented testing and investment, comes from a push for some kind of exclusive licensing scheme, either as an immediate set aside in the existing order or as part of a further proceeding.
I call this the “Part 101 Poison Pill.” Part 101 of the FCC’s rules governs high-power point-to-point transmission links of the sort used by telecommunications companies for transmitting significant distances. Part 101 is different from cellular licensing, in that it can accommodate multiple users on a “first in time, first in right” basis. Whoever comes in later must protect everyone who comes in earlier, which essentially makes it a very high-cost game of “king of the mountain.”
What makes exclusive licensing, even the relatively more open licensing such as Part 101, such a poison pill for unlicensed?
See below . . . .