HUGE WIN FOR PUBLIC ACCESS ADVOCATES: New Spectrum Availability for Community Wireless, etc.

Steven Ronan sent out the following e-mail concerning the outcome of recent debates concerning the 3650-3700MHz band a bit after midnight this morning. This is a HUGE victory -- gaining new access for the general public to the public airwaves. Thank you to everyone who took up the call and helped win this battle -- you (literally) helped change national telecommunications policy.

The press release and full comments by the commissioners are here:

Press Release: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257309A1.doc

Powell Statement:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257309A2.doc

Copps Statement:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257309A3.doc

Adelstein Statment:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257309A4.doc

Video from the discussion is available at:

http://www.fcc.gov/realaudio/mt031005.ram (around minutes 28-36)

Here's Steven Ronan's synopsis:

Congratulations to Harold Feld, Sascha Meinrath, Ben Scott, Jim Snider, Matt Rantanen and the other fine folk whose intensive efforts resulted in an innovative and helpful FCC decision today opening up a new band for community wireless folks and others to use, the 3650 to 3700 MHz band. Chairman Powell, in his last FCC meeting as a Commissioner, described the process as having been highly contentious and difficult and it seems apparent that the results would have been far less successful without the persistence of the public interest advocates.

On one hand, there had been industry reps looking for heavily populated areas to be served in that band of spectrum only by a single holder of an exclusive license, quite possibly determined by the highest bid. On the other hand, some of us sought unlicensed use comparable to 802.11 WiFi, while recognizing that the much higher power limits contemplated would make that difficult to implement successfully.

The end result: There'll be an unlimited number of licensees throughout the country, with an easy online application process, and no eligibility restrictions to speak of, and with all licensees having a mutual obligation to cooperate and avoid harmful interference to each other. "Fixed stations will be allowed to operate with a peak power limit of 25 Watts per 25 megahertz bandwidth, and mobile stations with a peak power limit of 1 Watt per 25 megahertz bandwidth."

It's a credit to the hard work of Feld et al that all three Commissioners that issued separate statements highlighted mesh and community networks in those brief remarks:

Adelstein: "We want to take advantage of the WiFi movement and take it to another level. I realize that we could not do everything the mesh network community had hoped for -- we had to ensure that incumbents are properly protected -- but we put in place a regime that doesn't rely on first in time and provides equal access to all."

Powell: "Thus, it should be attractive to entrepreneurial WISPs, community-based networks, and others interested in providing broadband in rural communities."

Copps: "Entrepreneurial, municipal and mesh networks can begin operationwithout the heavy financial burden of an auction and competitionwill not be limited by the use of exclusive licenses."

- Steve Ronan

From the Benton Foundation's Daily Telecom Headlines:

FCC OPENS ACCESS TO NEW SPECTRUM IN 3650-3700 MHZ BAND
The FCC opened access to new spectrum for wireless broadband in the 3650-3700 MHz band. The Commission said it had adopted a "hybrid" approach based on both its licensed and unlicensed regulatory models, providing for nationwide, nonexclusive licensing of terrestrial operations in the band using technologies employing content-based protocols. "I am delighted that we are today opening this 50 MHz of spectrum for the provision of wireless broadband for consumers, especially in rural areas," FCC Chairman Powell said. "This spectrum has been unutilized for far too long." He said
the Commission's "flexible" technical rules turned the band into "a potential home for new innovative technologies, such as WiMAX." The Media Access Project (MAP), Free Press and the New America Foundation praised the FCC action, but said the final order should ensure that community wireless networks "will really have access to the spectrum on equal footing with commercial WISPs." MAP Senior VP Harold Feld said the Commission took a "huge step in making wireless broadband available to people who don't have access to DSL and cable broadband, or who can't afford it." New America Senior Research Fellow Jim Snider cautioned: "We won't know for sure if this is a good thing until we see the details. The exact balance stuck between licensed and unlicensed advocates is not yet clear. If the first few people to set up systems can block new entrants, then we are back to the old site-licensing model with its army of lawyers and lobbyists playing king of the hill."
[SOURCE: Communications Daily, AUTHOR: Susan Polyakova]