Posts Tagged ‘Part 15’

Rethinking the White Spaces decision

Thursday, September 23rd, 2010
Manneken Pis

Unlicensed operation in the yellow spaces.

I watched the FCC’s monthly agenda meeting today where it unanimously adopted its Second Memorandum Opinion and Order which will enable unlicensed operation in the TV White Spaces.  As I have said in a previous Cool Stuff,  I do not think given the way in which operation will be permitted will be truly unlicensed.  However, what I found most interesting about the meeting was what the Chairman and Commissioners said and did not say in their comments from the dais when voting out the item.

Almost universally the five:

  • Thanked Julie Knapp and his staff (This is to be expected.  I used to work down the hall from Julie, Alan and Hugh, and they are a bunch of really great, really smart fellows);
  • Stated that the Order would unleash a wave of innovation, broadband access, “Wi-Fi on steroids,”  and other Really Cool Stuff (RCS); and
  • Acknowledged, however, we have to protect the incumbent users such as broadcast TV and wireless microphones.

Insight: What was universally not said was that broadcast TV and wireless microphones are not the future.  Granted, regulators want to provide regulatory certainty and are loathe to picking winners and losers; however, this glaring absence begs the question: if all of the innovation, job growth, and economic development will come from the unlicensed use of the White Spaces, why aren’t we protecting those uses?  I cannot help thinking that we might have done this wrong and have locked in the wrong incentives for the next 40 or 50 years.

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Posted in Cool Stuff, TV White Spaces, Wireless Communications | No Comments »

Twenty-Five Years of Unlicensed Spread Spectrum

Monday, May 10th, 2010
Telesystems' ARLAN

The first commercial spread spectrum product, Telesystems' ARLAN, a radio LAN introduced in 1988. Source: FCC.

Today, the Wi-Fi Alliance and the Wireless Gigabit Alliance announced an enhancement to the current suite of 802.11 standards (Wi-Fi) which promises multi-gigabit wireless networking, in the 60 GHz frequency band.  The two associations expect that devices which have the new enhancement will be tri-band, also able to operate in the 2.4 and 5.8 GHz bands where Wi-Fi currently operates.

However, I am not sure if the Wi-Fi Alliance or the Wireless Gigabit Alliance realize the auspiciousness of the occasion of their announcement.  The announcement comes twenty-five years and one day after a much ignored FCC decision.  On May 9, 1985, FCC adopted rules which permitted the operation of spread spectrum systems in the ISM bands (902-928 MHz, 2.4-2.48 GHz and 5.725-5.85 GHz).  This rule change enabled the commercial rise of Wi-Fi, as well as so many other products and technologies take for granted today, such as Bluetooth, cordless phones, and baby monitors.

The FCC took this decision on its own initiative, rather than relying on requests for rule changes from the industries it regulates.  (In fact, many of the companies which initially opposed the rule change now earn millions of dollars of revenue from selling products that operate in these bands.)  One important person diving the FCC proceeding was national treasure Mike Marcus.  Marcus published a terrific account of the FCC proceeding in the journal info last year.  (I published in the same issue, and beat him out for best paper).  For his vision and insight in pushing the rule change through, Marcus was rewarded with nine years of exile to the outer Bureaus of the FCC.

Insight:  It never ceases to amaze me that a well-made decision can have exponential implications down the line.  Relying on the industry to tell the regulator can be helpful; however, this approach does not always serve the public interest.  In all instances, the regulator should exercise independent judgment.

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Posted in Cool Stuff, Optimal Regulation, Wireless Communications | No Comments »

The Spoon

Wednesday, May 5th, 2010
Don't try to bend the spoon.

Don't try to bend the spoon.

In the classic 1999 film The Matrix, the protagonist, Neo, played Keanu Reeves, goes to see an oracle.  In the waiting room, he happens upon one of the oracle’s child disciples who is sitting zazen and melting a metal spoon with mind.

Spoon boy: Do not try and bend the spoon. That’s impossible. Instead… only try to realize the truth.

Neo: What truth?

Spoon boy: There is no spoon.

Neo: There is no spoon?

Spoon boy: Then you’ll see, that it is not the spoon that bends, it is only yourself.  (Source IMDB)

By the same token, I have long wondered if there is no radio spectrum.  This fact is among the reasons that the unlicensed regime works so well.  It is spectrum policy, just without the spectrum

The jurisprudence underlying the Part 15 rules is that unlicensed spectrum is not spectrum at all…. It is merely an idea – a concept – a way of describing and organizing the physical world in our minds and in our actions. Spectrum is a legal and engineering construct to control for an immutable fundamental physical property… (Source: Unlicensed to Kill)

The Part 15 rules simply consider what is the maximum amount of irradiated power which can be emitted by a device without an unacceptable probability of causing harmful interference.

However, most of spectrum policy other than the Part 15 rules deals with regulating the “airwaves”.  Yet treating radio operations as spectrum or airwaves or property is a false paradigm.  This point was driven home to me a few years ago when I was an FCC staffer.  I was once filling out my timesheet at the FCC.  One of the lines on the sheet was “spectrum” and it dawned on me that I was spending more than 66.7% of my time dealing with something which had momentum, but no mass.  Somewhat paradoxically, electromagnetic energy behaves simultaneously like a wave and like a particle, carried by photons.  This is an important and powerful observation.  In fact, it was for this observation (the so-called photo-electric effect), and not General or Special Relativity, that Albert Einstein was awarded the Nobel Prize.

So, while we are regulating the airwaves, who is regulating the photons?!

Insight:  I raise this issue now because just last week the FCC announced the (re)establishment of its Spectrum Task Force.  Honestly, I am not exactly sure what implications for radio policy of considering the dually of electromagnetic radiation as both a wave and a particle might be; however, going forward perhaps the STF should undertake critical rethinking of this crucial policy area from the basics up.

Since we cannot bend the spoon, perhaps it is time we bend ourselves.

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Posted in Optimal Regulation, Wireless Communications | 1 Comment »

The Uncommon Unlicensed – A Licensed Commons

Wednesday, March 24th, 2010
My Marriage License

I received a license, and my property rights all turned to commons.

I recently read Kevin Werbach’s excellent article on the TV white spaces, The Wasteland (not to be confused with T.S. Eliot’s The Waste Land).   I shared some of my ideas on his article with Kevin, and after an email exchange I came to the conclusion that there is a significant challenge to the successful opening up of the TV white spaces.

Under the White Spaces order, any unlicensed device which will operate in the band has to query a database and obtain permission before it can start transmitting.  Kevin argues that the white spaces database is independent of spectrum policy.  While that might be true, the imposition of the database will certainly hold implications for spectrum policy.  When a white spaces device has to query a database and obtain permission before it can operate, it is, by definition, no longer an unlicensed device.  Rather, the regime is a licensed commons.  This grant of permission is in fact a form of a license, albeit a light one.

Let me digress for a second.  A license is a grant of permission to do something.  It affords the right to “verb a noun”.  With a license one may: drive a car, own a dog, (try to) catch a fish, marry the woman of his (or her, depending on the state) dreams, or emit radio energy into the ether.  A spectrum license is usually coupled with some expectation of interference protection, but not always. The FCC already has utilized a myriad of different license types, including license-by-rule, operator, class, station, and geographic.  (I detail several different license types in my 2004 TPRC paper, at pp. 9-16.)

In my 2006 law review on Personal Communications Services (PCS), I examine both the licensed and unlicensed version of PCS.   The licensed commons is one of the factors which killed the unlicensed version PCS.  For unlicensed PCS, the FCC created a regime under which unlicensed users had to get permission from a non-profit firm called UTAM before they could start using their unlicensed PCS devices.  In doing so, the FCC inadvertently delegated to UTAM the power to grant licenses.

Think of the poster child for the unlicensed regime – Wi-Fi.  I can turn on my Wi-Fi anytime, anywhere, and leave it on until Ron Coase’s cows come home from grazing on the commons.  No grant of permission is required to access the spectrum (emit RF energy).  Now, consider a white spaces device.  When it turns on, it has to access a database somewhere and get the Okay to start emitting RF energy.  This is a grant of permission and is a form of a license, although the FCC has made Google or whoever is running the database is now the de facto licensor.

A licensed commons can be a very good thing.  Ham radio and the interstate highway system are both licensed commons and have both been very successful.  So, this type of arrangement can work in practice; however, when the alternative is less restrictive, the licensed system will not be desirable.  The FCC’s Part 15 rules are the international gold standard for unlicensed (and licensed-exempt) operation.  They are the one area where U.S. communications policy still clearly stands head and shoulders above the rest of the world.  The reason the Part 15 rules work so well is that it is spectrum policy without the spectrum (mathematically, spectrum policy – spectrum = Part 15).  The rules simply consider what is the maximum amount of irradiated power which can be emitted by a device without an unacceptable probability of causing harmful interference.  It is a classic efficiency approach and should be the basis of all radio operations.

In order for the White Spaces Order to be successful, it must offer device manufacturers and device users more benefit than they could achieve by using the existing Part 15 rules.  Device manufacturers can make devices to operate under the less restrictive parts of the Part 15 rules (the U-NII and spread spectrum rules).  So, they never made any successful products for U-PCS.   The same will be true for the White Space rules.  In order for the White Space database system to work, it will have to offer greater flexibility, more power, wider tuning ranges, more suitable frequency bands, etc. than the current Part 15 rules allow.

Insight:  Should the band not deliver on its promise, the punditocracy on the ‘property rights’ side of the spectrum policy debate will say: “I told you so – unlicensed never works.”  The sad irony is that if the White Spaces rules fail to deliver, it will not be because it is an unlicensed regime, but because it is truly a licensed regime.  I told you so, first.

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Posted in Optimal Regulation, TV White Spaces, Wireless Communications | 9 Comments »

Wi-Fi? Wi-Not?

Thursday, February 18th, 2010

In the past several weeks, there have been several news articles and blog posts about the possibility of Wi-Fi being a solution to congested mobile networks.  There was a piece in Total Telecom, one by Maggie Reardon, and one by Stephen Rayment for the FT.

The argument is that the widespread adoption of smart phones and mobile Internet has congested mobile wireless networks to the breaking point.  In order to alleviate congestion on their 3G or 4G network, carriers could offload traffic onto Wi-Fi networks (including those of other operators).  This would free up the carriers’ limited spectrum resources which they obtained at auction through the licensing process.  And, it could be done more cheaply than upgrading existing cell sites. (Dana Blankenhorn at ZDNet correctly points out the inconsistency of giving more spectrum to wireless carriers if unlicensed operation is the solution. It was not so long ago that wireless carriers were crying foul that all Wi-Fi networks such as the now defunct Cometa presented unfair competition because they had not spent billions to acquire their licenses at auction.)

Insight:  Integrating mobile networks with Wi-Fi is a good idea.  It is, however, not a new one.  At a conference nearly eight years ago at Columbia University and in the ensuing paper, I suggested that wireless carriers consider incorporating Wi-Fi into their networks.  My reasoning was not so much about load balancing as it was about market segmentation.  Complementing existing 3G networks with Wi-Fi would enable carriers to offer tiered services – a best efforts service and a better than best efforts service – charging different prices for both and increasing profitability.  I also suggested it would be possible to use spectrum not licensed to the carrier such as the spectrum which has been allocated to CB Radio,  GMRS, or FRS.  A 2003 FCC rule change would allow handsets cable of operating both on mobile networks and in these bands. In this way, carriers could offer services like push-to-talk or walkie-talkies without encumbering their already burdened spectrum and networks. Users would be able to speak directly to others in their area, even users on other carriers’ networks.  Alas, there was not much economic incentive for carriers to sell such handsets because it would reduce the mobile termination revenues which carriers charge one another (and eventually their subscribers) for completing calls over their networks.  However, with the balance of market power tipping away from networks and in favor of handset providers recently, it might be possible that we would see such enabled handsets in the next few years.

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Posted in Broadband, Cool Stuff, Wireless Communications | 2 Comments »

John McCain Claims to have developed the policy creating Wi-Fi and mobile phone

Thursday, September 18th, 2008

It is not often that my work squarely lines up with Presidential politics; however, it seems that work I am currently doing relates to statements made by Sen. John McCain on the campaign trail. I am en route to the 19th European Regional International Telecommunications Society Conference in Rome. Of the two papers I am scheduled to present, one is a paper chronicling the history of the US FCC’s Part 15 rules. These are the set of rules which enable devices such as Wi-Fi in the United States. Based on my research for this paper, Sen. McCain’s recent statements from the campaign trail are demonstrably false.

In a written response to Science Debates 2008′s questionnaire for the two major party’s Presidential candidates, the McCain campaign stated:

I am the former chairman of the Senate Committee on Commerce, Science and Transportation. The Committee plays a major role in the development of technology policy, specifically any legislation affecting communications services, the Internet, cable television and other technologies. Under my guiding hand, Congress developed a wireless spectrum policy that spurred the rapid rise of mobile phones and Wi-Fi technology that enables Americans to surf the web while sitting at a coffee shop, airport lounge, or public park.

While the first two sentences are factually correct, the assertion that Sen. McCain’s “guiding hand” led to these policies is false. The policies which led to the creation of Wi-Fi (the IEEE’s 802.11 suite of standards) were a set of rules originally crafted in a 1985 FCC Report and Order. This rulemaking permitted low power, unlicensed use of spread spectrum radios in the 2.4 GHz band in which the standards 802.11 b & g currently operate.  (The 5.8 GHz band, which 802.11a uses, was opened by the Commission in a 1996 proceeding).  The first commercial spread spectrum product was a radio LAN which was introduced by Telesystems in 1988. The IEEE did not ratify the first 802.11 standard until 1999.

While it is true that the FCC is an independent regulator with delegated rulemaking authority from Congress, it is completely specious for Sen. McCain to claim credit for these rulemakings.  At the time of the 1985 rulemaking Sen. McCain was not Chairman of the Senate Committee on Commerce, Science and Transportation. Indeed, in 1985, Sen. McCain was serving in the House of Representatives.  Further, the 1985 Order was based on a 1979 consultant’s report commissioned by the FCC.  MITRE, the firm which drafted the report, recommended permitting the technologies which Wi-Fi uses in certain spectrum bands (the ISM band).  This was certainly not Sen. McCain’s idea, but Wallace C. Scales, the report’s author.

Similarly, Sen. McCain’s the claim that he guided the Congressional policy making which lead to the widespread adoption of cell phones is equally bogus.  The original cellular telephony spectrum licenses were allocated and assigned by the FCC in the early 1980s.  However, the true stimulus which, “spurred the rapid rise of mobile phones,” was the 1993 Omnibus Spending Act.  This law granted to the FCC the power to assign spectrum licenses by “comparative bidding” – auctions.  Through these first auctions the FCC allocated and assigned Personal Communications Services (PCS).  These licenses were designed to compete with the pre-existing cellular licenses and led to the fantastic success of mobile communications.  While this law was in fact drafted by Congress, it was done so by a Democratically controlled one.  Thus, in 1993 (and 1985) Sen. McCain was not the head of any Senate Committee.  (Just as a historical footnote, Sen. McCain was the only Republican in both the Senate and the House to vote against the 1996 Telecommunications Act).

Insight: Most candidates stretch the truth, embellishing their records or being one of the many fathers to success.  However, the absence of penalties for a candidate’s false statements distorts the electoral process – even those little tiny deceptions which go unnoticed by except by the wonkiest of policy wonks, like me.  The highest office comes with it the fiduciary duty.  Thus, we must hold candidates, “not to mere honesty alone, but a punctilio the honor most sensitive,” as Justice Cardozo admonishes us.   Allowing our candidates even the most minor of misstatements and misrepresentations creates a giant incentive for politicians to try to con us.  This leads to the “adverse election” of unqualified candidates who, once in office, establish bad policies.  We deserve better from our political process and should hold our candidates for elected office to the highest standards of “truthiness”.

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Posted in Broadband, Wireless Communications | 1 Comment »

Unlicensed and Unleashed

Monday, July 28th, 2008

My article Unlicensed to Kill: a Brief History of the FCC Part 15 Rules has just gone to press and will be published in the journal Info.  I originally gave the paper at The Genesis of Unlicensed Wireless Policy conference organized by Tom Hazlett at George Mason University Law School.  (Yes, dear reader, Tom Hazlett hosted a conference on unlicensed.  The Seventh Seal is broken and the End of Days is truly upon us.)

The conference looked at the origin and evolution of the FCC’s Part 15 rules.  There were several interesting takeaways.  Most of these are lessons which we already know, but all too often take for granted.  Keynote speaker Michael Marcus reminded the audience that people frequently act in their short term interest, in a way in which they foreclose long-term opportunities for themselves.  Dr. Marcus described the regulatory battles of the 1980s during the FCC’s rulemakings where cordless manufacturers fought fiercely, opposing certain rule changes.  These rules now enable most of the cordless phones these manufacturers now sell.  The closing keynote, Dewayne Hendrix pointed out how spectrum policy the cognitive dissidence spectrum policy faces in affording interference rights.  We allow licensees to “whine” about interference when they use decades old technologies which do not have the ability to reject unwanted signals which more modern gear does.

Insight: In the US, there is no such thing as unlicensed spectrum.  Rather, and this is an important distinction, the FCC allows low power operation on a sufferance basis, proved the devices cause no harmful interference and accept all received by them.  Operators have a right, but not a vested right to continued operation.  The FCC has historically viewed the radio energy emission from these devices as not rising to a level sufficient to call “spectrum”.  This has left me wondering if there is no such thing as spectrum at all.  Spectrum is a legal and engineering construct to control for an immutable fundamental physical property.  When multiple electromagnetic waves, used as carrier waves to transmit information are incident in time, harmonic in frequency, and alight on the same reception antenna, they degrade one another’s ability to transmit information.  Next generation radio policy will focus more on solving the coordination/congestion problem, and not on “spectrum” per se.  (I also gave a really cool PowerPoint.  (Click to start, click to advance each slide after the animation stops).

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Posted in Cool Stuff, Wireless Communications | 1 Comment »

Wi-Fi on Steriods

Monday, May 26th, 2008

Google’s Larry Page spoke at a recent New American Foundation event, calling for “Wi-Fi on steroids” for the TV White Spaces.  Every time I hear this, I cannot help but think, “Oh great, a radio that is hyper-aggressive, muscle-bound, and impotent.  Why would I want such a technology?!” All joking aside, I approve the sentiment, but a little more careful analysis is need.There is here a unique window of opportunity to allow new uses of the TV spectrum which is currently inefficiently used.  For the past 9 decades, the FCC has regulated high power uses of the radio spectrum, such as broadcasting.  The FCC has also for the past 7 decades permitted low power uses, with increasing success.  The TV White Space presents the opportunity to permit medium power uses of the spectrum – something between Wi-Fi and TV.  However, neither the high-power of low-power paradigms seems to fit.  Licensed approaches typically allocate use to a single entity which makes decisions about use.  As a result, much remains unused at any given time.  The rules created are hard to change and do not afford much flexibility in terms of decisions regarding use by the licensee.  In contrast, unlicensed approaches strictly limit the radio energy which a device can radiate into the ether.  By controlling the emissions, the rules limit the possibility of harmful interference.  These rules create a much more flexible set of permission, but due to the stringent power limitations ranges of the radio devices can be extremely short.  What is needed is a new form of coordinating spectrum uses for medium power applications, which holds the benefits of both approaches while minimizing the potential downsides.

Insight:  Fortunately, some of the FCC’s best and brightest have been working this issue.  In a previous Cool Stuff, I wrote about my FCC Working Paper, which lays out ideas for the implementation of economic congestion etiquettes which would allocate spectrum use in real time to its highest monetary value uses.  This approach could significantly improve the value society receives from the use of the radio spectrum, without the need for dangerous pharmaceuticals.

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Next Generation Spectrum Policy

Wednesday, March 5th, 2008

I am very pleased to announce that the FCC has just published a suite of papers which I worked on while I was there. This work sought to tackle some of the intractable problems facing spectrum policy. For nearly a century, spectrum policy has focused on “scarcity” and resolving “harmful interference”. This was largely due to limits of the technology of the day. Now radios fueled by semi-conductor processing power, are enabling spectrum policy to evolve. We can now focus on a much more efficient principle of “use coordination”. The first paper in the series, OSP Working Paper #41, examines the Tragedy of the Commons and how economic protocols might be employed to alleviate this problem, while preserving the openness and innovation associated with unlicensed operation. It achieves this by coordinating competing demands on the spectrum. There are several different means for assigning priority to allocate use. However, allowing would-be users to express their willingness to pay seems to be the most economically efficient. Through an economic coordination protocol, usage at any given time is awarded to those with the highest value. OSP Working Paper #43, looks at how the set of rights which underlie this regime can be assigned through auctions.

Insight: Of all the work I have done in my professional career, this is the product of which I am most proud. The future of spectrum policy will be one of “use coordination”, where the “exclusiveness” of a license will be determined at an auction along with which entities are assigned the license. We are back to First Principles. This work holds the promise to wrestle the spectrum from the hands of a few powerful entities and put it back in our hands. In addition, it is likely to increase efficiency and hence the benefit we all receive from its use. The beauty of the system is that if the current spectrum arrangement is the most efficient, then it will emerge as such. At the very least, we will have exposed society to a huge upside with very little downside risk. It also would allow us to grant priorities to those whose ability to pay is diminished, such as public safety and financially disadvantaged users.

As a body of work, it has far reaching implications. At the recent FCC field hearing on network management (viz. Net Neutrality), there was much reasonable debate on what constitutes reasonable network management. There were many views as to how to handle competing demands on limited network resources. To my mind, the most efficient way will be some variation on willingness to pay, perhaps through an economic coordination protocol.

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Posted in Broadband, Network Neutrality, TV White Spaces, Wireless Communications | No Comments »

White Space and Gray Matter

Tuesday, February 12th, 2008

Congressman Jerrold Nadler recently published an Op-Ed in the New York Times. His analysis is so off-the-mark, I felt compelled to respond.

I want to begin with some terminology. He describes the White Spaces as being the “intervals between television channel frequencies.” This could mean the geographic separation between grade contours, the guard bands, or even the blanking intervals in NTSC progressive interlace. At any rate, white spaces are “white” because at a given time and place the frequencies are not being used as carrier waves. If the spectrum is not being used then, by definition, there cannot be interference. And not just interference alone, but harmful interference is the statutory level of protection.Now I am not sure about the previous white space tests, as I lack the engineering experience to adequately review the opinions. But, I have see arguments suggesting the are conclusive and ones stating that they are not dispositive. Either way, technology will eventually overcome these issues. There are, however, more glaring failures of Rep. Nadler’s arguments.

“Microsoft, Google and others are asking permission to use white spaces — free of charge — for millions of unregulated and unlicensed devices for personal networking systems that they would like to sell, including P.D.A.’s, wireless broadband devices and even toys. These devices could disrupt the new digital TV signals that government and industry have spent so much time and money to promote.”

This is misleading by misstatement and by omission. Misstatement: unlicensed devices are not “unregulated”. Omission – the broadcasters did not pay for their spectrum either. Moreover, who cares what the broadcasters sunk costs might be. Suppose Google and Microsoft will spend more to develop more important technologies.

Rep. Nadler goes on to say, “And because these personal devices would be unregistered, there would be no effective way of recalling them or curtailing their use, much less assuring that standards were adhered to their manufacture.” If you read the FCC Part 2 and Part 15 rules you will find that this is dead wrong. When I was at the FCC, I spent a lot of time working on precisely this issue. Before any radio device, be it licensed, unlicensed, or licensed-by-rule, can be imported or marketed in the US, it must be certificated to comply with FCC standards. In addition, users of unlicensed devices have “no vested right to continued operation.” So, if in the future, the FCC decides that white spaces are best left white, it has the power to make operating these devices a crime. When Wi-Fi is outlawed, only outlaws will have Wi-Fi.

Further, without a single iota of economic evidence, Rep. Nadler values digital terrestrial TV over all other uses of the spectrum. Moreover, he values co-primary access according to his own wants and desires. It is a cute device when he argues for the protection of football games and Broadway musicals alike, but this too is misleading. Who is to say that a football game or Broadway show (both of which take place in large controlled Faraday cages) is more important than my wireless email?! I don’t like football, but I like email. How about public safety? I think that’s a better use of the white space. And, would it not be better public policy if we were helping “[l]ow-income households, the elderly and people living in multifamily buildings who don’t have cable service and rely on antenna systems” to get online with cheap unlicensed broadband access, and not to watch more TV?

Finally, if the Broadway star and star quarterback are counting on unfettered spectrum access (a concept whose time has come and gone) they should pay for that access. Otherwise, they should share the spectrum with the rest of us who get great value out of unlicensed use.  Both types of spectrum access will and must coexist in the future.  The future of spectrum policy will not be about “scarecity” or “interference” so much as it will be about coordination of use.

Insight: People, I cannot stress this enough, use your gray matter before you talk about the white space.

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Posted in Broadband, TV White Spaces, Wireless Communications | 4 Comments »