The other big Nov. 4 vote, White Spaces, draws more sparring

Analysis
Oct 28, 20083 mins

As Nov. 4 nears, Microsoft and consumer groups find themselves on the same side, both arguing that White Spaces would be good for consumers, help reduce the digital divide and spur economic growth in an emerging area — mobile entertainment.

When the FCC meets on Nov. 4, it will vote on FCC chairman Kevin Martin’s proposal to let carriers and vendors like Microsoft and Google deploy devices in white space spectrum. To that end, Microsoft has brought out its big gun — Bill Gates — who is lobbying the FCC this week asking for a yes vote. The nemesis of White Spaces is the the National Association of Broadcasters (NAB). NAB wants (endlessly) more investigation of the technology. NAB has even gone so far as to create advertising intended to scare consumers away from potential White Spaces technology.

White Spaces operate in the unlicensed spectrum at powers of 100 milliwatts. Martin’s proposal would also permit use of white space on channels adjacent to existing television stations at powers of up to 40 milliwatts. NAB has argued that White Spaces devices would interfere with digital television broadcasts, but tests conducted on devices have consistently shown otherwise.

Yesterday, a group of consumer advocates also lobbied congress to stay out of the Nov. 4 vote. This group sent a letter sent to Congress on Friday. It is comprised of the following organizations: Free Press, Media Access Project, Consumer Federation of America, Public Knowledge, New America Foundation, Consumers Union, National Hispanic Media Coalition, Prometheus Radio Project, Tribal Digital Village, Acorn Active Media Foundation, CUWiN Foundation and Ethos Group.

The letter blasts NAB:

“We understand the broadcasters have asked for further public comment and review of the FCC’s technical recommendations. This is a kitchen sink strategy to delay a ruling that is already long overdue. The FCC has been working on this proceeding for four years. … the FCC’s process to open the white spaces has been contentious, but it has been fair. Perhaps more to the point, it has been cautious. We are all committed to ensure that white spaces devices do not cause harmful interference to over-the-air television. This is not about favoring Blackberry users over TV viewers — that is a canard. We believe the FCC’s expert engineers have bent over backwards to protect incumbents. The technical limitations they have placed on white space device certification are, if anything, overly restrictive.”

It is interesting that the FCC set election day as the day of this vote. A “yes” vote on White Spaces will be a promising indication that the entrenched powers are not married to the idea of protecting the status quo (NAB), but are ready to let new technologies and new markets flourish. Huge swaths of unused spectrum would give broadband to everyone, not just the lucky few serviced by a broadband provider. NAB is concerned that the competition will take advertising away from broadcasters, but that’s short-sighted thinking. Instead, new technologies create new opportunities for those who try to adapt.

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