Spectrum Policy in the Age of Broadband: Issues for Congress

A little light reading from the Congressional Research Service (CRC) for those at all interested in or even a bit concerned about the future of the RF spectrum from a policy standpoint.....

Spectrum Policy in the Age of Broadband: Issues for Congress

Summary

The convergence of wireless telecommunications technology and Internet protocols is fostering new generations of mobile technologies. This transformation has created new demands for advanced communications infrastructure and radio frequency spectrum capacity that can support high-speed, content-rich uses. Furthermore, a number of services, in addition to consumer and business communications, rely at least in part on wireless links to broadband backbones. Wireless technologies support public safety communications, sensors, medicine and public health, intelligent transportation systems, electrical utility smart grids, and many other vital communications.

Existing policies for allocating and assigning spectrum rights may not be sufficient to meet the future needs of wireless broadband and national broadband policy. A challenge for Congress is to provide decisive policies in an environment where there are many choices but little consensus. In formulating spectrum policy, mainstream viewpoints generally diverge on whether to give priority to market economics or social goals. Regarding access to spectrum, economic policy looks to harness market forces to allocate spectrum efficiently, with spectrum license auctions as the driver. Social policy favors ensuring wireless access to support a variety of social objectives where economic return is not easily quantified, such as improving education, health services, and public safety. Both approaches can stimulate economic growth and job creation. Choices about the direction of policy, however, can favor some industries over others.

Deciding what weight to give to specific goals and setting priorities to meet those goals pose difficult tasks for federal administrators and regulators and for Congress. Meaningful oversight or legislation may require making choices about what goals will best serve the public interest. Relying on market forces to make those decisions may be the most efficient and effective way to serve the public but, to achieve this, policy makers may need to broaden the concept of what constitutes competition in wireless markets.

This report considers the possibility of modifying spectrum policy: (1) to support national goals for broadband deployment by placing more emphasis on attracting new providers of wireless broadband services; and (2) to accommodate the wireless broadband needs of industries that are considered by many to be the economic drivers of the future, not only communications, but also areas such as energy, health care, transportation, and education.

Among the spectrum policy initiatives that have been proposed in Congress are: allocating more spectrum for unlicensed use; auctioning airwaves currently allocated for federal use; and devising new fees on spectrum use, notably those collected by the Federal Communications Commission (FCC). The FCC’s statutory authority to implement these measures is limited. Substantive modifications in spectrum policy would almost surely require congressional action. The Radio Spectrum Inventory Act introduced in the Senate (S. 649, Senator Kerry) and the similar House introduced Radio Spectrum Inventory Act (H.R. 3125, Representative Waxman) would require an inventory of existing users on prime radio frequencies, a preliminary step in evaluating policy changes. The FCC also has the opportunity to establish a new course for spectrum policy in the preparation of a Congressionally mandated report on broadband policy, due in February 2010.


NR

Defining the "Harm" in "Harmful Interference"

Here's a post from CommLawBlog which readers might find both interesting and informative when it comes to radio and wireless communications system interference....

(Excerpt): "The concept of “harmful interference” is central to FCC spectrum policy. (It might surprise you however, that) the FCC has never said just what the term means. Oddly, though, that might be a good thing.

Nearly every band of the radio spectrum is shared among two or more categories of users. If we think of the spectrum as being spread out horizontally, the users of each band are stacked vertically. To see how this looks, click here.

Each band has a predetermined pecking order among its users: primary, secondary, and unlicensed. The relationships among all of these turn on harmful interference. Specifically:

• “Primary” users are protected against harmful interference from all other users.
  
  
• “Co-primary” users – services in the same band jointly designated as primary – may not cause harmful interference to each other.
  
  
• "Secondary” users may not cause harmful interference to primary users, and must accept harmful interference from primary users.
  
  
• Unlicensed users may not cause harmful interference to primary or secondary users, and must accept harmful interference from everybody.

The notion of harmful interference being key to the whole enterprise, we might expect to find a crisp and objective definition in the FCC rules. But when we look, we find something else. " (End excerpt)

Take a few minutes to learn more about the often mis-understood element of "harmful interference" - which is found in all radio and wireless communications systems - and the criteria that the FCC uses to help define it, here:

http://www.commlawblog.com/2009/01/articles/broadcast/finding-the-harm-in-harmful-interference/

It's actually a pretty tough job these days, especially when spectrum matters....

See http://en.wikipedia.org/wiki/Spectrum_management for more insight.

NR

FCC staffer: This place is hell; silent protest planned

Interesting blog post about life at the Federal Communications Commission....

Excerpt:

A Federal Communications Commission employee called me on Friday and said that this Tuesday, the third anniversary of Kevin Martin's tenure as Chair of the FCC, at least some staff will arrive at work dressed in black. A "silent but expressive protest" is what they're calling the move. What for? I asked. "Because this place is hell," came the reply.

A super-politicized environment

It appears that a critical mass of FCC grunts are sick of what they experience as a super-politicized work life in which just about anything that they want to do has to get the go-ahead from the top, that being Kevin Martin. "Nothing happens in the Commission without the approval of the Chairman's office," my source told me. "It is incredible. We have become so political."

Do you have any sense of the logic of these directives from the Chair? I asked. "Nope," came the reply. "It seems as random as he got up this morning and ate his breakfast and just decided to do it."

Why are FCC employees upset about this? Not because they disagree with Kevin Martin's perspective on this or that FCC issue, but because, according to my source, he and his top subordinates demand that staff skip proper procedures and leapfrog various rules, even Congressional mandated rules, on a day-to-day level.

"In the past I may or may not have agreed with the outcome, but at least the proper procedures were followed. Now they tell us 'what are the media reform groups going to do: file a class action lawsuit? Just do it.' But ethically I have to sleep at night. It's not the decision, it's how the decision is reached. The situation has become arbitrary and capricious."

So....what else is new? This just points out how more and more obvious it is that some changes are needed in the way top brass at the FCC conduct themselves when attending to spectrum matters and other regulatory business that impacts us all.

NR

Wireless "Property" Rights - The Next Frontier of Spectrum Policy Reform

Phil Weiser and Dale N. Hatfield, frequent contributors of papers on wireless spectrum policy, have recently released a new article titled Spectrum Policy Reform and the Next Frontier of Property Rights.

Here is an abstract of their paper for your review and contemplation.

The scarcity of wireless spectrum reflects a costly failure of regulation. In practice, large swaths of spectrum are vastly underused or used for low value activities, but the regulatory system prevents innovative users from gaining access to such spectrum through marketplace transactions.

In calling for the propertyzing of swaths of spectrum as a replacement for the current command-and-control system, many scholars have wrongfully assumed the simplicity of how such a regime would work in practice. In short, many scholars suggest that spectrum property rights can easily borrow key principles from trespass law, reasoning that since property rights work well for land, they can work well for spectrum rights as well. But as we explain, spectrum is not the same as land, and a poorly designed property rights regime for spectrum might even be worse than the legacy model of spectrum regulation.

This Article addresses three central questions that confront the design and implementation of property rights in spectrum. First, it suggests how policymakers must develop a set of rights and remedies around spectrum property rights that reflect the fact that radio signals defy boundaries and can propagate in unpredictable ways. In particular, if policymakers simply created rights in spectrum and enforced them like rights in land (i.e., with injunctions for trespass), they would invite strategic behavior: spectrum speculators would buy licenses for the sole purpose of suing other licensees when their transmission systems created interference outside the permissible boundary (i.e., act as spectrum trolls).

Second, it rejects the suggestion that policymakers establish a unitary property right for spectrum, arguing that policymakers should zone the spectrum by establishing different levels of protection against interference (i.e., an ability to transmit signals with more latitude) in different frequency bands.

Finally, this Article discusses what institutional strategy will best facilitate the development of the property right and its enforcement, concluding that an administrative agency - be it a new one or a reformed FCC - is better positioned than a court to develop and enforce the rules governing the use of spectrum so as to facilitate technological progress and prevent parties with antiquated equipment from objecting to more efficient uses of spectrum. (End abstract)

There is absolutely no doubt that U.S. spectrum policy (and stronger enforcement of new or legacy regulations concerning use of this important resource) needs urgent reform. Hopefully, this paper will help shed some much needed light on the challenges involved as well as generate meaningful discussion on the subject.

NR

U.S. Spectrum Management according to Wikipedia.....

The folks at the Portals (FCC) and the NTIA might be interested in this....

Current Spectrum Management in the United States

Wireless (RF or radio) spectrum management in the United States should be a cooperative exercise in balancing disparate stakeholder interests through effective user education and the enforcement of regulatory policies and rules that reflect practical reality, political responsibility, economic common sense, and, an understanding of the laws of physics. Unfortunately, this is not the case.

There is no concise, up-to-date, national radio/RF/wireless spectrum management policy practiced by the FCC and/or the NTIA in the U.S today. In addition, either very out-dated, convoluted, complex or very lax or non-existent regulation (often determined by the agendas of political and special interest groups more than by anything else) is the norm, with little effective enforcement of spectrum use rules.

Source: http://en.wikipedia.org/wiki/Spectrum_management

It looks like the word is beginning to get out to the general public if one takes Wikipedia's definition at face value....although, when one thinks about it, the definition really isn't that far off the mark - is it?

NR

RF (Wireless) Spectrum Information & Resource Links

Those concerned or interested in learning more about spectrum regulation and frequency allocation policies and their impact on radio and wireless communication devices and users in the U.S. may want to begin paying very close attention to the Notices, actions and decisions made by the FCC's Wireless Telecommunications Bureau (WTB), their new Public Safety and Homeland Security Bureau (PSHS), and, their Office of Engineering and Technology (OET). More background information on spectrum policy, including the latest on the 700 MHz proceeding, can be found on the FCC's Spectrum Policy Task Force site. And, there's always the FCC's Daily Digest which provides a brief synopsis of Commission orders, news releases, speeches, public notices and all other FCC documents (with links to the full text of each) that are released each business day.

Finally, this 2006 paper Regulating Spectrum Management: Overview and Trends is intended to provide readers with a broad overview of wireless communications spectrum management concepts and issues, including a review of differences between traditional spectrum management methods and policy and recent innovations and practices due to technology advances. The approach taken is more descriptive than prescriptive, allowing readers to make up their own mind on various perspectives. It's interesting to note that the authors have found that there are no standard solutions that fit every situation.

Additional reading:

Spectrum Management Overview

Spectrum Policy and Planning

An introduction to spectrum management including best practices and considerations involved in the use and regulation of radio frequency spectrum. An outline of policy and planning considerations including technical standards and the allocation of spectrum.

Authorization

An overview of the processes by which users gain access to the spectrum resource.

Spectrum Pricing

A review of the role of spectrum pricing and economics as it relates to the method of spectrum authorization being employed.

Spectrum Monitoring and Compliance

An overview of how spectrum monitoring and compliance can help users by avoiding incompatible frequency usage through identification of sources of harmful interference.

International Affairs

An overview of international harmonization of spectrum utilization.

Developing Spectrum Management Capacity

An overview of the strategies for organization, function, process development, staffing, staff retention and training for spectrum regulators.

Oh yes.....I almost forgot; here's how you can "express yourself" should some of the Commission's activities or policies stir you to speak up about spectrum matters.


NR

Cognitive Radio Technology for VHF/UHF Public Safety & Business/Industrial LMR

While doing some research for a client recently, I came upon a very interesting paper written earlier this year by Nancy Jesuale and Bernard Eydt titled "A Policy Proposal to Enable Cognitive Radio for Public Safety and Industry in the Land Mobile Radio Bands".

The authors offer some interesting perspectives on the age-old problems associated with LMR system interoperability (a "hot topic" today, particularly when considering the current state of Public Safety radio system interoperability in much of the U.S.), a historical account of FCC and NTIA spectrum regulation and policy, the lack of innovation in frequency allocations, and more.

They also make the suggestion that an emerging new technology known as Cognitive Radio (a term first coined in 1991 by Joseph Mitola) could improve spectrum efficiency and spectrum availability for all users in the VHF and UHF LMR bands. Here is the abstract:


"The frequency bands that have been licensed to the land mobile radio (LMR) services for decades are a tremendously fertile field for the deployment of cognitive radio technology. This paper outlines several reasons why policy-based cognitive radios would be particularly useful for modern public safety, federal non-military and business/industrial applications, especially in the VHF and UHF bands, where 80% of the public safety, federal and business/industrial licenses are currently held.

This paper argues that many interoperability deficiencies are directly related to the original approach to spectrum policy and radio frequency regulation developed in the early 1920's, which segmented uses of LMR spectrum into several use classes. It provides a historic perspective to explain why the current status of LMR infrastructure, operations and licensee behavior is a direct result of antiquated policies and technologies still applied and deployed in these bands. The paper discusses the reasons that cognitive radio could be a successful solution for the apparent congestion in the bands. It suggests that policy-based cognitive radio systems operated on a cooperative, shared basis could lower costs of use and aid coordination for emergency responders across both public and private sectors of the traditional LMR user community.

We discuss policy reforms and innovations such as spectrum pooling and spectrum portability that could spur new shared infrastructure development and spectrum efficiencies. We suggest several key policy reforms for consideration, including immediate cessation of ongoing narrowbanding initiatives, decoupling of spectrum licenses from spectrum access, and national spectrum management by frequency coordinators."


The paper (12 pages) is well worth the time to review for those interested or concerned with spectrum matters.


NR

Report to 110th Congress - Spectrum Management and the 700 MHz Auction

The Open CRS Network has released a report to members of the 110th Congress describing the FCC's spectrum auction process and key policy issues to be considered in the up-coming 700 MHz auction. It's an interesting read, particularly for anyone concerned with wireless spectrum matters.

According to the report, "The FCC has concluded that auctioning of spectrum licenses has contributed to the rapid deployment of new wireless technologies, increased competition in the marketplace, and encouraged participation by small businesses. However, many have questioned whether auction policy should be supplemented more aggressively with other market-driven solutions, and whether the existing auction process and administration can be improved."

The report also says that "Spectrum management is an exercise in reconciling divergent interests. Over time, developments in technology may significantly increase the amount of usable spectrum and consequently the ease with which a policy of equitable allocation and use can be crafted. For the immediate future, Congress may choose to debate and act on questions such as reforming spectrum management and allocation mechanisms. Some observers argue that a fully-developed policy should take into account issues such as international competitiveness, the communications needs of public safety agencies and the military, the role of wireless technology in economic growth, and the encouragement of new technologies that make spectrum use more efficient and more beneficial to society as a whole. The stated objective of many policy reformers is a coherent national policy (FYI - such a policy DOES NOT CURRENTLY EXIST - NR) that provides the proper balance for existing applications while at the same time providing opportunities for future growth and development."

The report ends by stating "Given the number of objectives in the allocation and use of spectrum, and the differing solutions for achieving them, choices made for 700 MHz could be far-reaching in setting the direction for future policy decisions."

I hope that yours and my representatives in Congress take the time to read this relatively brief yet fact-filled (21 page) report. Hmmmm.....perhaps a few readers of this blog will be kind enough to forward a copy of the report to them along with your thoughts and suggestions on spectrum matters??

NR

700 MHz, TV "White Space" Spectrum, the FCC and the Future of Wireless Communications

She's done it again! Susan P. Crawford, that is. In her latest working paper, The Radio and The Internet, she presents a broad overview and historical background (with many footnotes to more in-depth details for those with inquiring minds) of how the natural resource known as the RF spectrum has been allocated and managed (or, as many believe, mis-managed) by the FCC over the last several decades.

But, she also has done an excellent job (the best I've seen, at least) of putting into a pretty balanced context most of the unbalanced rhetoric, hype, and political posturing from all sides of the hotly debated 700 MHz auction rules proceeding that we've all just experienced.

She also reminds the regulators of the pressing need for them to be much more decisive than they have been regarding the definition of the "public interest" aspect of 21st century spectrum and technology matters during the on-going TV "White Spaces" debate which, by the way, will most certainly be the subject of the next big spectrum battle. Stay tuned - it's likely to be just as contentious if not more so than the 700 MHz debate was since it involves unlicensed use of the spectrum.

Here's the abstract of the paper, but the actual paper is a much better read and really deserves a few minutes of your time:

Abstract:

The airwaves offer the potential for contributing to enormous
economic growth if they are used more efficiently for facilitating
high-speed internet access, but recent industry and government
actions have failed to follow this path.

This article evaluates the multi-billion-dollar 700 MHz auction
regime established by the Federal Communications Commission
in August 2007 as a case study in our national approach to this
valuable resource, and argues that the public interest would
best be served by having ubiquitous access to the internet be
the top priority of communications policy.

The article criticizes the nearly exclusive focus of the FCC on the
interests of incumbents and law enforcement, and suggests that
spectrum policy be focused on enabling unlicensed uses of the
airwaves that can assist the nation with online access.

Download a copy and decide for yourself.

NR

Imports, Toys, Food, and the FCC.....

If toy and food imports from China (and certain other countries) have managed to get through various government inspection systems designed to protect the often unenlightened public from nasty surprises, do you suppose it is at all possible that non-compliant electromagnetic-emitting electronic devices having the potential to pollute the RF spectrum might have evaded these systems as well?

For some insight to this question, you should read this commentary authored by fellow blogger Michael Marcus, a retired FCC engineer who (as per his blog) "focused on developing policies for cutting edge radio technologies such as spread spectrum, CDMA, and millimeter waves. The rules for Wi-Fi, Bluetooth, and most of the cordless phones sold in the U.S. are one outcome of his early leadership. He also had several key roles in the FCC’s Spectrum Policy Task Force."

Having been in the wireless communications industry for over 30 years, I've seen and experienced some of what he describes and, must agree with him regarding the business practices that some electronic equipment producers employ simply to maximize their profits. Unfortunately, many of them consider the few paltry fines imposed as "just a cost of doing business" and write the expense off.

Protection of the wireless/RF spectrum seems to have been relegated to the regulatory rear burner in many respects in favor of the many real or perceived economic benefits purportedly to be derived from this natural resource. Only after-the-fact, when problems surface, is any type of remedial action taken and, often, in the opinion of many, such action is both ineffective and mis-applied.

Much more proactive attention needs to be focused on protecting us from imports and U.S. produced products of ALL types - including those that emit unwanted electromagnetic radiation that can disrupt radio and wireless communications. We can ill-afford having to contend with any "spectrum disaster" created by the lack of ongoing and aggressive enforcement of spectrum policy and rules.


NR

Invitation to the Spectrum Matters On-Line Discussion Group

Advancements in wireless (RF or radio) communications and information technology over the last decade have unleashed a flood of new devices, products, and services, provocative ideas and intriguing questions, political rhetoric and posturing, market-place confusion, controversy, and, a growing concern by many as to whether FCC and NTIA spectrum allocation, regulation, use, and rules enforcement policies are 'keeping up with the times' - or with technology.

As one might expect, all this hullabaloo has led to increasing calls by wireless stakeholders for something called "spectrum reform" that we're hearing more and more about each day.

Spectrum Matters is an on-line, moderated Yahoo! discussion group focusing on member-shared wireless spectrum news, information, and trends, responsible opinion, debate, ideas, experiences, commentary, and questions related to the real or perceived social, economic, and technical benefits or consequences that may be realized by updating legacy and/or implementing new wireless spectrum management policy to effectively address these important issues and concerns.

Topics and discussions are targeted towards business, educational, industrial, enterprise, public safety, local, state, regional, federal government and similar types of PROFESSIONAL wireless mobile communication users who depend on access to the radio spectrum in their daily activities and who want to learn more about how and why wireless spectrum matters can, will, or already have had an impact on them.

If you are a professional wireless user and have an interest in wireless communications in general and spectrum issues in particular, please consider joining us. (Membership approval requires a response to a New Member Confirmation Request emailed to you during the sign-up process)

Wireless Stakeholder Comments in 700 MHz Public Safety Proceeding

For your Memorial Day weekend reading pleasure, here's a compilation of all 300+ Comments made to the FCC by industry stakeholders in the 700 MHz Public Safety broadband proceedings (Dockets 96-86 & 06-229)....and a link to the 9th NPRM (Notice of Proposed Rulemaking) for your attentive review -- offered in an effort to assist readers in learning more about why spectrum matters.


By the way, Reply Comments are due May 30th unless the Commission extends the date...if you have been thinking about "expressing yourself", now's the time to do so. You can file them here.


NR

An Invitation to the Spectrum Matters Discussion Group

Advancements in wireless (RF or radio) communications and information technology over the last decade have unleashed a flood of new products, services, provocative ideas, intriguing questions, political rhetoric, and marketing posturing - all of which has created a fair amount of confusion and growing concern by many as to whether current FCC and NTIA spectrum allocation, regulation, use, and rules enforcement policies are 'keeping up with the times'. As one might expect, this hullabaloo has led to increasing calls by wireless stakeholders for something called "spectrum reform" that we're hearing more and more about each day.

The Spectrum Matters discussion group focuses on news, information, opinion, responsible debate, and commentary related to the real or perceived social, economic, and technical benefits (or consequences) that may be realized by updating legacy and/or implementing new wireless spectrum management policy to effectively address these important issues.

Topics and discussions are targeted towards business, educational, industrial, enterprise, public safety, local, state, regional, federal government and similar types of PROFESSIONAL wireless mobile communication users who depend on access to radio spectrum in their daily activities and who want to learn more about how and why wireless spectrum matters can, will, or already have had an impact on them.

If you have an interest in wireless communications in general and spectrum issues in particular, please join us. Your ideas, experiences, opinions, and questions are welcome. Membership requires a response to a New Member Confirmation Request emailed to you during the sign-up process.

NR