In telecom lingo, “white spaces” is the spectrum
adjacent to existing TV channels, which now goes unused for fear of
interference with TV. High tech companies are pushing to open it up to general,
unlicensed use, arguing that the technology is now good enough so that devices
can be equipped with adequate interference-prevention ware. TV broadcasters are
adamantly opposed.
The FCC just released a technical paper in which it agrees
with high tech, basically, though many caveats are attached. (See ars technica for background), and FCC Chairman Kevin Martin is pushing the issue forward, again with
caveats:
Additionally, Martin said that all devices operating on the
spectrum would have to have sensing capabilities that would automatically shut the
device down if it comes into interference with broadcast spectrum, as well as
access to a geo-location database that tracks mobile devices by locating them
through their specific IP address, media-access-control address,
radio-frequency identification or other location-based information.
The fundamental debate is between a “property rights” model,
in which spectrum is individually owned, and a “commons” model, in which spectrum
is open to all, with non-interference enforced by the government. It is an
extremely interesting question, and the arguments, at their best, are
articulated at a high level – see the interchange between Phil Weiser/Dale
Hatfield of the University of Colorado and Tom
Hazlett of George Mason.
But Hazlett also makes a crucial
point in the course of discussing the differences:
Both approaches aim to facilitate a rights
regime that enables markets to allocate radio spectrum, abandoning the
traditional regime in place since 1927, wherein administrative allocation
decides how to use the spectrum resource.
So it looks like progress
will be made, however it turns out.
The debate is also reminiscent
of the arguments over the public lands that roiled America in the 19th Century.
That one was resolved in favor of the idea of the public lands as a commons, to
which all were to have access, with title to valuable resources determined
according to Lockean criterion of mixing your labor with nature. It worked out
sometimes, and sometimes not (for example, water rights are still
frozen into un-economic forms). It would be interesting for the FCC to pan the
stream of our national experience with the public lands to see if there is any
useful gold there.