Reaction to the New York City Council's kowtowing to the National Association of Broadcasters has already begun. In my own conversations with council members and staff, they've discussed openly that the New York City Council does not actually understand the technologies they're writing resolutions about. It's a pretty sad day for the Council -- this proceeding, which began as a Notice of Inquiry in 2002 has been dragging on for over half-a-decade because of the successful delay tactics of the National Association of Broadcasters.

The New York City Council has made it abundantly clear that they would rather weigh in supporting fear-mongering rather than support the immediate development of technologies that will dramatically lower the costs of communications for the millions of residents they purport to serve. This is particularly egregious since the heart of the resolution was written by corporate lobbyists and has remained remarkably unchanged throughout the entire so-called "due diligence" work that the Council claimed they were doing.

White space technologies have been pending before the FCC for years and years and years. At a time when the United States is falling further and further behind a growing list of other countries, one need look no further than the New York City Council's call for further stagnation to understand why.

City Council tries to halt new technology that could close the digital divide. Community advocates react.

For Immediate Release

Contact:

Kristofer Ríos (212-334-7433)

October 23, 2008

New York – Advocates for closing the digital divide condemned a City Council resolution urging the Federal Communications Commission to delay a decision concerning the unused part of the airwaves known as "white spaces." The FCC has announced its intention to issue a ruling at a November 4 meeting.

The Council's Committee on Technology in Government passed Resolution No. 1613 at a special meeting this morning. The full Council is expected to approve it this afternoon.

In passing the resolution, the Council rejected calls from technologists, good government groups, immigrant rights organizations, and community media to endorse the new technology. Instead, the resolution repeats the request from the National Association of Broadcasters that the FCC delay its decision. Because of anticipated turnover at the FCC with a new administration, any delay at this point would extend an already-four-year-long review for up to a year or more.

"The City Council is playing politics with our technological future. They would rather cut and paste a NAB press release than close the digital divide," Joshua Breitbart, Policy Director for People's Production House, said.

Proponents of white space technology argue that it would pave the way for cheaper, faster wireless connections to the Internet, allowing many people to afford an Internet connection for the first time. A recent study commissioned by the City's Economic Development Corporation found that only 46.4 percent of New York households have high speed Internet access, well below the national average. Low income residents are even further behind, with barely a quarter having broadband at home. Wireless access over the white spaces would be especially helpful in rural areas, where many people lack even the option of purchasing a broadband connection.

Opponents claim the devices could interfere with other wireless signals, such as television broadcasts or wireless microphone transmissions. FCC engineers recently determined that white space devices can detect and avoid other signals, which will prevent interference.

The FCC's Office of Engineering and Technology conducted 18 months of lab and field testing of white spaces prototypes, including a test at a Broadway show where wireless microphones are routinely used. Broadway producers, while not technically licensed to use wireless microphones, have relied on them for years and fear having to adjust their practices. On October 15, the FCC's engineers concluded that "the burden of 'proof of concept' has been met."

The engineering results are part of an FCC review dating back to early 2004. All told, the various stakeholders have filed nearly 30,000 comments in the proceeding. Maximum Service Television and wireless microphone manufacturer Shure, both of which testified before City Council in support of the resolution, have filed 104 and 67 comments with the FCC respectively.

"We're hopeful that the FCC will ignore the New York City Council's sop to the broadcasters and base its decision on sound engineering and the public interest," Breitbart said.

***

People's Production House is a national media justice organization based in New York City. It provides young people, immigrants, and low-wage workers with a comprehensive education for the information age, combining media production, media literacy and media policy.

I recently wrote a piece for the National Alliance for Media Arts and Culture (NAMAC) discussing the importance of White Space Devices and remaining a critical consumer of the so-called "information" being fed to them by Shure and the NAB. Due to space constraints, I did have to cut one of my favorite (though a bit wonky) parts from the article. I've included the original text below the article -- it illustrates how hypocritical and duplicitous Shure and the NAB have been in their dealings with cultural organizations.

From www.namac.org/node/5051:

White Space Devices and the Battle over Innovation: Public Access vs. Industry Control of the Airwaves

by Sascha D. Meinrath

I wouldn’t be surprised if you’ve never heard of a “White Space Device.” And yet, white space devices have the potential to be one of the most revolutionary new technologies to come along in the past twenty years. White space devices (WSDs) take advantage of wireless innovations and advances in computer processing power and automatically detect unoccupied TV frequencies—allowing the public to reuse spectrum that would otherwise go to waste, for everything from home networking to broadband connectivity. For consumers, they’re very similar to (and would be integrated within) the wireless devices we use today—such as wireless-equipped laptop computers, cell phones, PDAs, next-generation video game systems, and community media broadcast networks. White space devices will have a greater positive impact than wi-fi and spur far more innovation than mobile phones. They will revolutionize communications by spurring competition over new products, services, and applications.

And yet, the trade press and inside-the-Beltway media have been inundated by a massive, multi-million dollar PR campaign (including TV ads, websites, and full-page print ads), and Congressional offices have been swarmed by hundreds of lobbyists, all claiming that white space devices will destroy television broadcasting and make wireless microphones inoperable.

Why then has a large and growing coalition of public interest and consumer groups (including the Consumer Federation of America; Consumers’ Union, who publish Consumer Reports; EDUCAUSE, which represents institutions of higher learning; Common Cause; the National Hispanic Media Coalition, which advocates for “media and telecommunications policies that benefit the Latino community”; New America Foundation; Office of Communication of the United Church of Christ; Prometheus Radio Project; and US PIRG) teamed up with a growing number of high-tech companies (including Google, Dell, HP, Motorola, and Microsoft) to support white space devices? If consumers and businesses that are innovating new technologies are fighting for these devices, who’s funding the lobbying and PR against them? And what does this all have to do with the arts and cultural community?

I first joined NAMAC over half a decade ago and have been actively organizing community media and the arts for quite some time. I co-founded the Urbana-Champaign Independent Media Center (UCIMC) in 2000, created the UCIMC’s all-ages arts and performance venue in 2002, took part in the “Community Engagement Through Media” salon that NAMAC held in 2004, and have coordinated countless community media and arts projects over the years. I mention this because when I talk about the enormous benefits that white space devices hold for cultural venues, I do so as someone who wants to see them available both for use by the general media-and-arts community and by the organizations and projects that I help lead.

Recently, I have read talking points created specifically to mislead arts and cultural organizations and so-called “facts sheets” that no one wants to put their name behind because they’re so completely ridiculous and full of misinformation. As a practitioner, I felt it was important to provide information and resources to counter the fear, uncertainty, and doubt that is being manufactured by the opponents of white space devices. Public interest groups like the New America Foundation may not have the PR funding and lobbying power of the National Association of Broadcasters or microphone manufacturers Shure Incorporated, but we do have venues like this one to get the truth out about what white space devices are and the benefits they provide to arts and cultural organizations.

So what are “white spaces”? And why do some companies want to stop white space devices?

White spaces are vacant frequencies between occupied (licensed) broadcast channels or broadcast auxiliary services like wireless microphones. If you’ve ever used an old TV, the unoccupied channels that just show “snow” are the white spaces. After the completion of the DTV transition in February 2009, the amount of white space in most of the nation’s 210 local TV markets will greatly exceed the amount of occupied spectrum, even in most major cities. In essence, white spaces are an enormous, underutilized resource that the media and arts community (along with the rest of the general public) could be using for next-generation digital media and low-cost communications. The Public Interest Spectrum Coalition wants to open up access to these unoccupied bands for everyone by allowing wireless devices certified by the FCC to operate on vacant frequencies—in much the same way that tens of millions of wi-fi devices are in use today in laptop computers.

Opponents of WSDs have launched a misinformation campaign in an attempt to prevent more widespread access to the TV bands. While the broadcast industry lobby has attempted to convince newcomers to the discussion that WSDs cannot work, these WSD detractors have systematically ignored data showing that even the pre-prototype WSDs being tested by the FCC’s Office of Engineering and Technology work exceptionally well. What is particularly ironic is that unlicensed wireless microphones are already in use throughout the United States—these devices already use unused TV bands, and have done so for years; yet the same companies that manufacture and use wireless microphones are the ones saying that other devices won’t work.

Upon closer examination, opponents of white space devices have a remarkably simple problem—white space devices will make communications far more distributed and hardware far cheaper. For the National Association of Broadcasters, it means that local communities will be able to broadcast video and audio for free—which means competition and diversity on the airwaves. For Shure Incorporated, it means that a whole new generation of wireless microphones—white space device wireless microphones—will be entering the market, dramatically increasing competition and lowering the costs of this hardware.

If you look at the sides in the battle over white space devices, the only opponents of white space devices are the corporations that want to keep their own lock on this market. These companies want to ensure that arts and cultural organizations cannot build their own infrastructures, don’t have access to alternative distribution networks, and are not able to buy equipment from (lower-cost) competitors. Knowing that these battle lines were a losing proposition, opponents of white space devices have hired PR experts to “educate” arts and community organizations and win them over to their side.

Already, we’ve seen several very public marketing campaigns where several arts and cultural groups are made the public face of opponents to white space devices (in ads paid for by NAB and Shure). This is particularly egregious since these organizations are basically fighting against the best interests of the general public and that of their sister organizations. Recently, Country Music Television, the County Music Association, the Grand Ole Opry, and Viacom’s MTV Networks demanded that the FCC stop the white space proceedings (see: http://tinyurl.com/3hfouf). As this story was going to press, the Broadway League filed a petition with the FCC where they claimed that WSDs will “effectively cripple…Broadway.” According to sources familiar with the proceedings, the Broadway League comments were written in consultation with a paid lobbyist for Shure. Cultural organizations like the ones that recently petitioned the FCC have to be particularly careful not to become the mouthpieces for corporate lobbyists—particularly when those interests actually run counter to the best interests of the larger arts community.

What are the public benefits of white space devices?

TV frequencies are a valuable data networking tool for the same reasons they are desirable for television broadcasts—they easily penetrate obstacles such as buildings and trees and can reach longer distances than the higher frequencies used by wi-fi devices. Every region in America has a large quantity of unoccupied TV white space. Although the particular empty channels vary in each local market, in most parts of the nation a majority of local TV frequencies are not being used, but could be, to create everything from affordable broadband access to local media distribution. Currently, the vast majority of community and municipal wireless networks—commercial, municipal and community nonprofits, public-private partnerships, etc.—use unlicensed spectrum to transmit data. While existing use of unlicensed spectrum has driven a remarkable amount of innovation, opening more low-frequency spectrum for WSDs is the “rocket fuel” needed to facilitate and scale-up home, business, and regional networks. Below are just some of the benefits of white space devices:

Enhanced Local Coverage and Communications
Local communities could use WSDs to enable mobile video and audio services and citizen journalism. These services would provide information of special interest to the local residents (for example, a town hall or PTA meeting), coverage of local sporting events (for example, the high school football game), and new methods for local advertisers to reach customers in a more targeted and valued manner. As WSD technologies are integrated into next-generation wireless microphones and other media equipment, these systems will be substantially less prone to interference than today’s “dumb” equipment (which are often incapable of sensing whether other devices are transmitting on the channel they intend to use). In the same way that digital media equipment has spurred a new wave of consumer-generated media, the ad-hoc and distributed information dissemination networks that WSDs make possible will encourage the sharing of local content and user-generated content.

Enterprise Networking
From a base of essentially zero in 2000, an estimated 60% of U.S. corporations now provide some type of wireless networking using unlicensed spectrum last year. On May 25, 2006, in testimony before the Senate Commerce Committee, Roger Cochetti, federal policy director of the Computing Technology Industry Association (CompTIA), stated that reallocating the TV white spaces for unlicensed use “will be used by small business to improve their productivity, not least of which will be access to new wireless broadband services.”

Rural Broadband Deployment
The highly favorable propagation characteristics of the TV broadcast spectrum allow for wireless broadband deployment with greater range of operation at lower power levels. Thus, the TV white spaces could be used to provide better broadband service in less densely populated areas or as a first broadband service in many underserved areas, including rural and other remote areas. Today more than 3,000 wireless ISPs and rural telephone cooperatives already rely on the current “junk” bands of unlicensed spectrum to provide broadband to remote customers, mostly in rural areas. Which is why the Wireless Internet Service Provider Association (WISPA) and the National Telecom Cooperative Association (NCTA) have been advocates of opening the TV white spaces for unlicensed access.

Education and Enterprise Video Conferencing
The TV white spaces could be used to give local high schools and middle schools the same multimedia capabilities available to major university campuses: mobile, high-speed Internet access for every student and teacher with a laptop or portable wireless device. WSDs also can be used to increase the reliability and decrease the cost of video conferencing on college and commercial campuses. Such video conferencing could help enable distance learning for students in remote locations for whom traditional classroom-based learning is impractical. This is why EDUCAUSE, which represents the nation’s colleges and universities on technology issues, is a leading advocate for white space devices.

Personal Consumer Applications
WSDs could be used to provide new services and applications to consumers by taking advantage of the improved signal reliability, capacity, and range of the TV broadcast spectrum. Wireless local area networks using low power and battery-operated devices could enable new communications technologies that bring safety, convenience, and comfort to consumers in their homes. This is why major consumer groups like the Consumers Federation of America and the Consumers Union support opening the TV spectrum to white space devices.


The take-home message

The FCC is completing a critical phase of the process needed to bring WSDs to consumers. Extensive feasibility testing has been conducted and extensively documented, and this testing has demonstrated that WSDs can and do work. A new round of feasibility testing is currently underway and will add further support for the viability of WSD technologies. The next step will be for the FCC to issue the necessary technical specifications for WSDs based upon the empirical data collected during feasibility testing and regulatory precedent. The FCC will then be able to certify consumer devices, ensuring that those devices meet required technical standards. Only after all three phases of this process are completed will consumer WSDs be made available to the general public.

Taken together, this multi-step process will ensure that WSDs co-exist with current license holders without causing harmful interference, and that manufacturers and implementers will have the flexibility to develop new features and innovative uses for WSDs. Public interest groups have been vocal in their support of rigorous testing and also have remained committed to the end goal of certifying useful new wireless technologies that operate within TV bands without causing harmful interference to licensed users.

For arts and cultural organizations, this process (and white space devices generally), have the potential to add much needed tools to help us conduct our work. New, less-expensive video and audio communications equipment, wireless broadband services, and a host of social networking and geo-locational applications are just around the corner.

For those who would like to find out more about the issue of white space devices (WSDs):
• Check out the Wireless Innovation Alliance
• Read the policy backgrounder on WSDs.
• Or contact Sascha Meinrath directly at the New America Foundation—especially if your organization would like to join the Public Interest Spectrum Coalition or the Wireless Innovation Alliance.

 

NOTES

(1) The share of the DTV band (channels 2 to 51) that will be vacant after the February 2009 turnoff of analog transmission ranges from 30% in the most congested, coastal markets (e.g., Trenton, NJ) to 80% or more in small-town and rural markets (e.g., Fargo, ND). For more information and a survey mapping available white space in a representative number of TV markets, see Measuring the TV “White Space” Available for Unlicensed Wireless Broadband, New America Foundation and Free Press, January 2006.

(2) Pages 1-2 of comments filed with the FCC in proceeding 04-186, 06/18/08 and signed by The Broadway League, Nederlander Producing Company of America, Jujamcyn Theaters, 321 Management, NAMCO, The Shubert Organization, White Dog Productions, Ostar Theatricals, Aged in Wood, Circle in the Square Theatre, Iron Mountain Productions, Scorpio Entertainment, Manhattan Theater Club, Center Theater Group of Los Angeles, Alan Wasser Associates, Adam Epstein Company, Scorpio Entertainment, Iron Mountain Productions, Richmark Entertainment of Los Angeles, Berlind Productions, Helen Hayes Theatre, Fox Associates, Dodger Theatricals, The Producing Office, Broadway Across America, Vienna Waits Productions, Jeffrey Richards Associates, Tonka Productions, Marc Platt Productions, and Richard Climan.

(3) Telecommunications Industry Association, 2006 Telecommunications Market Review and Forecast, p. 188. For a larger estimate, see In-Stat, “In-Depth Analysis: Wireless Data in the Enterprise: The Hockey Stick Arrives,” December 2006. See also ABI Research, “Enterprise IP Telephony,” 2006.

(4) CompTIA’s 20,000 members are predominantly among the nation’s 32,000 value-added resellers, a $43 billion industry that deploys IT networks for small- to medium-sized businesses and professional offices across the country.

(5) Roger J. Cochetti, CompTIA Testimony before the Senate Committee on Commerce, Science and Transportation, May 25, 2006.

---

SASCHA MEINRATH is research director of the New America Foundation's Wireless Future Program and a board member and co-founder of the Urbana-Champaign Independent Media Foundation. He blogs regularly at www.publicponderings.com.

Here's the original text from the end of the section, "So what are 'white spaces'? And why do some companies want to stop white space devices?":

Already, we've seen several very public marketing campaigns where several arts and cultural groups are made the public face of opponents to white space devices (in ads paid for by NAB and Shure). This is particularly egregious since these organizations are basically fighting against the best interests of the general public and that of their sister organizations. Recently, Country Music Television, the County Music Association, the Grand Ole' Opry, and Viacoms' MTV Networks demanded that the FCC stop the white space proceedings (see: http://tinyurl.com/3hfouf); and, as this story was going to press, the Broadway League filed a petition with the FCC where they claimed:
Granting immediate national access [by white space devices] will effectively cripple dozens of long standing industries, including Broadway...Google's plan, essentially, recommends the use of (1) beacons, which would be purchased by current white space users to jam local transmissions in the white space spectrum, (2) a signal “safe harbor,” granting incumbent users exclusive use to channels 36-38, and (3) use of spectrum sensing technology. As has been noted in other recent filings, this proposal is patently flawed and essentially ineffective.

According to sources familiar with the proceedings, the Broadway League comments were written in consultation with a paid lobbyist for Shure Microphone. Unfortunately, they position arts and cultural groups as a lunatic fringe, allowing Shure and the NAB to hide behind the public face of these organizations. In fact, Shure is using arts organizations as a facade to fight for a position that it does not hold itself. As Shure's own filing with the FCC states:

The introduction of new unlicensed devices in the television broadcast bands must be done carefully to avoid causing interference problems on a grand scale. In these comments, we have recommended a three-part solution for mitigating interference to wireless microphones:
• Designate 6 “exempt” TV channels in each television market, in which unlicensed devices would not operate.
• Use of cognitive “spectrum sensing” techniques by unlicensed devices to prevent transmission in TV channels that are occupied by incumbent users, including television broadcasting stations, wireless microphones, and wireless audio systems.
• Use of an RF “smart beacon” transceiver to enhance the interference prevention capabilities of spectrum sensing at greater distances, as described above.

In essence, Shure made the exact same proposal several years ago that engineers from numerous other technology companies have supported more recently. Cultural organizations like the ones that recently petitioned the FCC have to be particularly careful not to become the mouth pieces for corporate lobbyists – particularly when those interests actually run counter to the best interests of the larger arts community. The fact that Shure itself knows that the position that the Broadway League and its allies took was at odds with their own public filing makes this example particularly egregious.

The first quote is from pages 1-2 of comments filed with the FCC in proceeding 04-186, 06/18/08 and signed by The Broadway League, Nederlander Producing Company of America, Jujamcym Theaters, 321 Management, NAMCO, The Shubert Organization, White Dog Productions, Ostar Theatricals, Aged in Wood, Circle in the Square Theatre, Iron Mountain Productions, Scorpio Entertainment, Manhattan Theater Club, Center Theater Group of Los Angeles, Alan Wasser Associates, Adam Epstein Company, Scorpio Entertainment, Iron Mountain Productions, Richmark Entertainment of Los Angeles, Berlind Productions, Helen Hayes Theatre, Fox Associates, Dodger Theatricals, The Producting Office, Broadway Across America, Vienna Waits Productions, Jeffrey Richards Associates, Tonka Productions, Marc Platt Productions, and Richard Climan. The second quote is from pages 50-51 of comments filed by Shure Incorporated, 12/01/04.

The Washington Post just ran an article about Shared Spectrum, a company that's been developing white space devices for many years for DARPA. I've been following Shared Spectrum's work for awhile now -- the most interesting element about it is that they're already doing what the National Association of Broadcasters says isn't possible. Here's more from the Post:

An engineer, Mark A. McHenry litters his speech with dizzying terms like gigahertz and cognitive radio. But on one topic in the national news he is plain-spoken: the claim by the broadcast networks, the NBCs and CBSs of the world, that a new technology to provide Internet service over the air will interfere with TV viewing.

"They're wrong," says McHenry, the chief executive of Shared Spectrum, a Vienna technology company.

The Federal Communications Commission is weighing a proposal that would allow companies to share airwaves. McHenry said his eight-year-old, 30-person firm has already received $30 million from the Defense Department to develop the concept. The broadcasters' position is "not what the DoD thinks," McHenry said. "It works in the harshest environments."

My colleague, Benn Kobb, sent me a fascinating article from 1991 where the National Association of Broadcasters is engaging is a massive misinformation and lobbying campaign against (I kid you not), data communications via cellular telephone networks. That's right, NAB fought to prevent technologies like Blackberries and iPhones from ever being allowed.

Today, the NAB is at it again -- this time targeting white space devices. But the notion is exactly the same -- any new wireless technology, no matter how useful to consumers or innocuous, will be fought against if NAB sees it as somehow against their own self-interests. In fact, as their own record illustrates (and being anti-smart phone is only the tip of the iceberg, NAB has systematically fought against innovations in the field of communications for decades.

But read on, this will certainly resonate with anyone who's ever sent a text message:

From: www.findarticles.com.

Mobile Phone News
Dec. 19, 1991
Copyright 1991 Access Intelligence LLC

NAB protests cellular operators offering information services

On the heels of PacTel's announcement to offer Star Info, a new service that provides up-to-date information ranging from traffic reports to financial news, the National Association of Broadcasters (NAB) has petitioned the FCC to prohibit the cellular phone industry from offering pay-to-use radio services such as news, sports and weather. The NAB said that information services over cellular would duplicate the same news provided free to radio listeners by broadcasters.

"There is already a glut of sources for this information in the broadcast marketplace," said NAB in comments to the FCC. Offering such services over cellular frequencies would jeopardize cellular companies' system capacity and inhibit the operator's ability to handle conventional telephone calls, it added.

There is a growing business for private companies to offer niche programming services to cellular operators. NAB has no objections to cellular operators who want to buy programming and to provide information services, said Doug Wills of the NAB. "We do object, however, to the cellular operators out bidding the broadcasters for sports rights and then becoming barbarian gate keepers to programming," Wills added.

The NAB said that the cellular operators are misusing their spectrum. "Cellular spectrum should be reserved for the two-way communication for which it is designed," said the NAB. "One-way transmission of news, sports, weather and traffic would be a misuse of this spectrum and a needless duplication of broadcast services."

... PacTel's Star Info Is a Breakthrough for Cellular Customers

In November, PacTel Cellular initiated the Star Info which allows subscribers one-number dialing to access information. At no additional charge, subscribers will have access to 280 local businesses and services. Somewhat like a cellular yellow pages service, Star Info includes direct lines to restaurants, stock updates, sports scores, ticket offices for Plays, movies and special events.

The information program is provided by Applied Response Systems (ARS), a private company that specializes in information services. "The Star Info service provides excellent advertising and marketing opportunities for local businesses," said Ron Lee, owner of ARS. "They can effectively reach a very specific target audience to sell their product," he added.