Congress isn’t killing white spaces broadband before it’s born

Congress has reached a compromise on key wireless spectrum issues that had the potential to put the kibosh on innovation and competition when it came to both mobile broadband and unlicensed spectrum.

The House and Senate had proposed language in a bill that interfered with the FCC’s ability to set the terms of a proposed auction for a portion of the digital TV spectrum, and also prevented the agency from allocating unlicensed spectrum that could be used for white spaces broadband or even more airwaves for Wi-Fi. But legislators reached a compromise that ensures that the FCC will be able to set spectrum auction rules, which means it will have the freedom to ensure that AT&T and Verizon don’t walk away with the lion’s share of the new spectrum (after it sets a public rulemaking). Of course, the rules that are currently being proposed for that auction still leave the value of those airwaves for mobile broadband in doubt. From a tech perspective it’s the compromise on unlicensed spectrum that’s the most important. The law will acknowledge that the FCC will have the authority to designate spectrum as unlicensed in the TV band and beyond — meaning Congress can’t demand that if the FCC gets airwaves it has to auction them the highest bidder. Yes, such an action ensures more money for the U.S. Treasury (and presumably a boon to taxpayers), but it also means that technologies that could rely on unlicensed airwaves may never come to fruition. And, those technologies, such as Wi-Fi, Bluetooth and others arguably offer consumer, business and economic benefits that offset the loss to the U.S. Treasury.

The legislation also sets aside a portion of spectrum and provides funds for a nationwide broadband network for first responders. The public safety network, which would help first responders from different agencies communicate during emergencies, is one of the last outstanding recommendations of the 9/11 Commission Report.

The compromise removes a provision from Rep. Marsha Blackburn (R-TN) that would have barred the FCC from imposing network neutrality conditions on wireless companies that buy the spectrum licenses at auction. The FCC's controversial net-neutrality rules prohibit Internet providers from slowing down or blocking access to legitimate websites.