Debate heats up over open access spectrum rules
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Plans for valuable wireless spectrum being considered by the U.S. Federal Communications Commission may not go far enough to encourage a new broadband competitor, said groups calling for open-access rules for part of the spectrum.
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The debate heats with some tech companies pushing Congress and the FCC to restrict spectrum use in latest auction.
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InfoWorld - A coalition of technology and telecommunications vendors will oppose a plan to give public safety agencies across the U.S. new wireless spectrum, saying it could jeopardize an agreement already in place that would provide spectrum for interoperable emergency communications by early 2009.
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One of the major questions as the U.S. Federal Communications Commission kicks off a multibillion-dollar spectrum auction Thursday is whether the auction will produce a winning bidder that will challenge telecom and cable-based broadband providers with a national wireless broadband network.Other questions will also be answered in coming weeks as the auctions, for 62MHz of long-range, high-speed spectrum, unfold. Will Google or another bidder buy enough spectrum to launch a &quot;third pipe&quot; broadband network? Will any bidders step forward and pledge to build a nationwide broadband and voice network for emergency response agencies?The bids to watch in the 700MHz auctions are for the C block, a 22MHz band of spectrum broken up into 12 regional licenses, and the D block, 10MHz of auctioned spectrum paired with another 10MHz set aside for a combined national commercial/emergency response agency network. Startup Frontline Wireless, one of the primary backers of the public-private model for an emergency responder network, announced in December that&#160;it had ceased operations.&quot;The pull-out of Frontline leaves the whole D Block auction up in the air,&quot; analyst Jack Gold of J. Gold Associates said in an e-mail. &quot;There is no way to know if a last-minute group will come on board. While the goal of establishing a universal network for public safety/security is a laudable goal, it is not the most lucrative area from a pure business perspective, so it is not clear how much demand there might be or who might step up to the plate to make this work.&quot;The FCC may have made a mistake in adopting the plan by Frontline, a company with former FCC chairman Reed Hundt as its vice chairman, said Carlyn Taylor, a senior managing director in business consultancy FTI&#39;s corporate finance practice.&quot;I&#39;m not sure how well [Frontline&#39;s plan] hung together from a financial standpoint,&quot; Taylor said. &quot;I&#39;m not sure anybody else is going to try to do what Frontline says they were going to do. There doesn&#39;t seem to be anybody else with a similar approach.&quot;If any other company bids on the D block, it will be much less than the FCC would have received without the national public safety network build-out rules, Taylor said.But the Public Safety Spectrum Trust (PSST), the nonprofit group of emergency response agency representatives that&#160;controls the public safety portion of the spectrum, said earlier this month it continues to support the FCC plan for the D block. The FCC should &quot;do all that it can&quot; to advance the public-private partnership meant to bring about the nationwide public safety broadband network, said Harlin McEwen, the PSST&#39;s chairman, in a statement. &quot;While it would not be appropriate for the PSST to comment on any potential bidder&#8217;s strategy, we want to restate our enthusiasm for and commitment to what the FCC has done.&quot;In the C block, the FCC required that&#160;winning bidders operate under open-access rules, meaning the winning bidder must allow any legal devices to connect to the network and allow customers to access any legal Web content of their choosing. Google, which pushed for the open-access rules, has&#160;pledged to bid at least $4.6 billion for the C block, and the FCC later set that figure as the minimum price it will accept.FCC rules prohibit potential bidders such as Google from commenting on their spectrum plans in the run-up to the auction. Bidding is anonymous, but the FCC will release some information about the auctions at its auction Web page.But several wireless industry observers have suggested that Google may not want to win the C block spectrum. Google, by getting the FCC to adopt the open-access rules and by pushing Verizon Wireless and AT&amp;T to&#160;open up their current wireless networks to outside devices and applications, has already accomplished much of what it has wanted, Taylor said.&quot;I think it&#39;s fairly widely believed that [Google] doesn&#39;t really want to be the actual carrier,&quot; Taylor said. &quot;That doesn&#39;t mean they still wouldn&#39;t buy spectrum and then work with somebody else who&#39;s a carrier.&quot;A subcontracting arrangement with a wireless carrier would make sense for Google, she said.Blair Levin, a telecom analyst with Stifel, Nicolaus &amp; Co., also doubts Google will be a major player in the C block bidding. With the U.S. stock markets tanking in recent weeks, Google may not want to spend $10 billion to build a national network, he said, referring to the estimated cost.Before the FCC set the auction rules in July, Google had also inquired about the legality of selling spectrum on a wholesale basis. The FCC ruled that such a plan would be legal.In addition to the current wireless giants AT&amp;T and Verizon Wireless, other companies to watch are the cable television providers, satellite TV providers and handset maker Qualcomm, Taylor said. Qualcomm and cable provider Cox were among the 214 bidders approved by the FCC this month.Look for wireless carriers such as AT&amp;T and Verizon to bid defensively, she said. &quot;If the traditional mobile carriers really are the final winners of most of the spectrum, then nothing interesting happens,&quot; she said. &quot;They don&#39;t want to see some major new entrant coming in.&quot;Falling stock prices on Wall Street may discourage some competing bidders, with the auction coming at &quot;precisely a bad time&quot; for investment in a new nationwide network, Taylor said. But these auctions may be the last chance for a third nationwide broadband network, she added.The 700MHz spectrum band carries wireless broadband signals three to four times farther than some higher spectrum bands, making it perfect for long-range broadband networks. &quot;If you&#39;re going to build a green-field network from scratch, you want to build it at low megahertz like this,&quot; Taylor said. &quot;If anybody was seriously considering launching a fully new competitor ... from scratch, this is the chance. There isn&#39;t going to be another one, probably.&quot;
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The debate over post-9/11 communications, network neutrality, and high-speed wireless is now centered around a struggle over the 700-MHz band going on in Washington, D.C. On Thursday, a hearing by Senate Commerce Committee over the upcoming 700-MHz auction raised several key issues.
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Will the F.C.C. open new doors to spectrum access?
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The upcoming 700MHz spectrum auctions by the U.S. Federal Communications Commission (FCC)&#160;have drawn bid applications from giant companies including Google and AT&amp;T. But a number of small companies and individuals have submitted bid applications as well.
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Objections to proposed open-access rules on parts of the 700MHz spectrum are of less concern.
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You buy a cell phone, load any software you want on it, then choose your carrier. This vision of expanded consumer choices in the wireless world might be a little closer today than it has ever been, especially with reports that the chair of the Federal Communications Commission (FCC) is circulating an &quot;open platform&quot; proposal for the upcoming auction of the 700-MHz band.
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Several companies have challengedÂ spectrum auction rulesÂ recently set by the U.S. Federal Communications Commission, with Frontline Wireless protesting that the auction of the 700MHz band to be auctioned in January could shut out small bidders.
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Digital switchover is freeing up the airwaves for other services meaning the battle for spectrum is on.
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AT&T Inc. has backed away fromÂ earlier complaints about proposed open-access rules on parts of theÂ 700MHz spectrum to be auctioned by the U.S. Federal Communications Commission by early next year.
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AT&T hasn't decided whether it will bid for the highly desirable 700MHz spectrum band because it doesn't know if it can build a profitable business given certain rules set for the wireless spectrum by the Federal Communications Commission.
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Depending on who's talking, the wireless spectrum auction that starts on Jan. 24 will significantly change the mobile and wireless landscape in the U.S., or it won't have much impact at all.Some believe it will lead to creation of new nationwide wireless networks and the entry of new wireless operators. That increased competition could benefit users."This spectrum auction is the first real chance we've had to see a competitor emerge that could compete with the telephone and cable companies," said Gigi Sohn, president of the Public Knowledge consumer rights organization. Aggressive bidding is expected from several well-funded companies that aren't currently in the wireless business, such as Microsoft co-founder Paul Allen's Vulcan Spectrum and Google.Others, however, beg to differ. "The auction won't change anything per se," said Jack Gold, principal of J. Gold Associates, a telecommunications consulting firm. "But other pressures in the system -- market forces -- could ultimately change a lot of things." For example, Gold said he expects more competition and more open wireless networks to emerge over time, no matter who wins the auction.Besides the possibility of new competition, this auction is also receiving a lot of attention because it is likely to be the last time that large chunks of wireless spectrum will become available. Also with this auction, the Federal Communications Commission (FCC) has imposed rules that will, to some extent, open up wireless networks.However, a lot of confusion about the auction remains. Here are the answers to some frequently asked questions.What is being auctioned?The FCC is auctioning off a huge swath of wireless spectrum in the 700-MHz range. This spectrum has been used by television broadcasters, which must return the spectrum to the FCC when they switch next year from analog to digital broadcasts.In particular, the FCC is auctioning many "blocks" of spectrum. Two of those blocks, the so-called C-block and D-block, have enough capacity and geographical coverage to create nationwide wireless networks. The smaller blocks of spectrum also could receive a lot of attention from bidders. Those blocks are regional in nature, and many small telecommunications providers are expected to bid on them.How is the 700-MHz portion of spectrum different than others?The physical nature of the 700-MHz spectrum makes it attractive to users and service providers alike. Many digital cellular systems in the U.S. use radio signals in the 1,800-MHz and 1,900-MHz ranges, although some older analog systems still use spectrum in frequencies as low as 800 MHz. Because radio waves in the 700-MHz range are physically longer than higher-frequency radio waves, they travel farther and are better able to penetrate walls and other impediments.These characteristics are important for several reasons. First, the better penetration makes it feasible to use wireless services indoors. That makes these wireless services competitive with land-line broadband services such as Digital Subscriber Line and cable.A second important advantage is that, because radio waves in this portion of spectrum travel farther, it is easier to bring wireless access into rural areas that currently aren't well served by wireless providers. This greater transmission range also means that operators would need to invest less in towers and base stations and other wireless infrastructure.These advantages, combined with the nationwide coverage, explain why the available 700-MHz spectrum is often referred to in the media as "beachfront property."What technologies can be used in this portion of spectrum?Virtually any wireless technology that is currently in use can also be used in the 700-MHz range. That includes traditional and next-generation cellular service and other wireless broadband technologies such as WiMax.What potential benefits could come from this auction?Besides increased competition, the FCC decreed that the winner of the C-block must make networks that use that portion of spectrum available to any device that employs compatible technology. For example, if a carrier builds an EV-DO 3G (Evolution Data Optimized third-generation) network, any device with that technology built in will be able to access the network.This openness will increase consumer choice. Currently, cellular operators in the U.S. typically limit what devices can be used on their networks and what applications can run on those devices. Because this approach gives them so much control, the incumbent carriers fought the open network provision vigorously.Note, however, that this provision applies only to the C-block. Carriers that win any of the other blocks can continue to limit access to those networks.What other rules apply to the spectrum?The effort to open up new spectrum to all devices was led by Google and several public-interest organizations. In addition, those groups urged the FCC to require that the winning bidders make some spectrum available, on a wholesale basis, to other carriers. That was another attempt to foster more competition among wireless carriers. However, this effort failed. The FCC refused to require winning bidders to resell some of that spectrum although, as always, that could occur voluntarily.There are other limits on how the spectrum can be used. One notable mandate is that any network using the D-block must be built to specifications particular to public safety applications and that portions of the spectrum are available for those uses. Because of the emphasis on public safety, the D-block is mandated to be available to 99.3% of the U.S. population by 2019.There are limits on the other blocks, too. For instance, there are use-or-lose provisions that require wireless networks to be built out within a certain time frame or the license will be lost. This is an attempt to make sure that large companies don't buy spectrum simply to block other companies from acquiring it.Who is bidding?The auction has attracted some predictable bidders, some surprise bidders and many smaller bidders. More than 260 applications to participate in the bidding process were initially submitted to the FCC. The predictable companies included incumbent telecommunications operators such as Verizon Communications and AT&amp;T.Then, there are some well-funded bidders with unknown motives, such as petroleum giant Chevron and Vulcan Spectrum. Also in the mix are some cable operators.Besides the big players, many local and regional wireless carriers have applied to participate in the auction and are likely to bid on the regional chunks of spectrum. A local telephone company, for instance, could use such spectrum to provide wireless broadband service to its local customers using a technology like WiMax.What about Google's bid?The potential bidder that has received the most attention is Google, which has been mum about its specific plans. Most observers believe the company's interest in the auction is tied to its recently announced Linux-based Android mobile phone system.Google likely wants to use Android to sell mobile advertising. However, that won't be successful if existing wireless carriers don't allow phones based on it to be used on their networks. If Google owns the open C-block, it will be certain that phones based on its Android system can be used.Few, however, expect Google to create a whole new wireless network from scratch -- if it wins."Google will rent out the spectrum, said consultant Gold. "It would be insane on their part if they decided to put up their own network. Being landlords of the airspace, that makes sense."As a result, it is widely expected that, if Google wins the C-block, it will work with other providers. For instance, rumors have been circulating that Google will work with T-Mobile USA, which has been constrained in expanding its network by a lack of spectrum. Neither company has been talking about such specifics.How will the auction be conducted?A "mock auction" will be held on Jan. 22, and the auction will begin in earnest two days later. Many observers believe the bidding, which will be largely electronic, could last a couple of weeks.Bidding will be anonymous. That is to say, nobody will know who is bidding or how much they are bidding. The goal of this rule is to prevent collusion aimed at keeping out specific bidders."There are quite a few studies that show that, if you know who is bidding, you can engage in anticompetitive blocking behavior," said Public Knowledge's Sohn.How much will spectrum cost?Buying spectrum will require very deep pockets. In particular, the large, nationwide spectrum blocks will surely be expensive. The C-block, for instance, has a reserve, or floor, bidding price of about $4.7 billion. The total reserve price for all blocks is about $10 billion, and many believe the bidding will go much higher than that.
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(InfoWorld) - New broadband providers should be given a better chance of winning pieces of valuable wireless spectrum to be auctioned by early next year, several groups said Friday. The groups, including Google, startup Frontline Wireless, and consumer advocate Public Knowledge, called on the U.S. Federal Communications Commission to change the way it auctions spectrum when it sells off 60Mhz of spectrum to be freed up when U.S. television stations move to all-digital broadcasts. The auction of the coveted 700MHz band of spectrum -- which allows broadband-speed wireless signals to travel farther and penetrate buildings better than some other bands -- presents the best hope U.S. consumers have of a third major broadband service to challenge cable and DSLÂ carriers, said Michael Calabrese, director of the Wireless Future Program at the New America Foundation, a think tank that hosted Friday's spectrum forum. "If we do nothing -- if we take the [auction] rules we've used for the last 10 years, the same incumbents are going to win," added Harold Feld, senior vice president of the Media Access Project, an open media advocacy group. "There is no competition fairy. There is no magic that's going to happen that if we just deregulate enough, somehow a new competitor is going to emerge." The groups at the spectrum auction forum didn't agree on all the details, but they suggested that the way the FCC has auctioned spectrum in the recent past has favored large incumbent telecom carriers. The FCC is expected to set the rules and conditions for the auction of the 700MHz band of spectrum in the coming weeks. The groups called on the FCC to require that the winners of a chunk of the spectrum allow "open access" -- sell access to competitors on a wholesale basis. The open access requirement would allow a nearly unlimited number of competitors to offer wireless broadband services, said Gigi Sohn, president of Public Knowledge. The groups also want the FCC to conduct anonymous auctions -- where bidders wouldn't know whom they're bidding against. In the past, large wireless carriers have used transparent auctions to drive up prices on chunks of spectrum being bid on by small competitors, said Gregory Rose, an econometrician and game theorist working with open access proponents. In many cases, many larger carriers then dropped their bids after the smaller carriers were eliminated, he said. Some carriers have also engaged in retaliatory bidding against other companies that bid on spectrum they were interested in, he said. The retaliating bidder will bid on spectrum the second company is interested in, "as a signal to say, 'back off on the license I want, or I will drive the price of the license you want through the roof,'" Rose said. VerizonÂ and AT&T, two large broadband and wireless carriers, have declined to comment on the upcoming auctions. But some free-market think tanks and carrier trade groups have been vocal in opposing open access requirements for the spectrum auctions. Scott Cleland, chairman of advocacy group NetCompetition.org, questioned Frontline Wireless' open access goals in a blog post Thursday. Frontline "wants the FCC to auction spectrum to them requiring ... open access -- so effectively no company will be able/or want to pay much for the 700 MHz spectrum -- and so Frontline Wireless could capture this most valuable spectrum available at the market-managed price of pennies on the dollar," he wrote. But Frontline chairwoman Janice Obuchowski, speaking at Friday's forum, noted that the two largest wireless carriers are gobbling up market share, and without new auction rules, that will continue to happen after spectrum auctions. She called for the FCC to auction off the 700Mhz spectrum in small chunks that smaller companies can afford, breaking with Google's call for larger blocks to be auctioned. The goal of the auction should be for "true, robust competition" to emerge, she said.
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Except for the military, dedicating spectrum to a particular user is no longer a good idea. Making a big chunk of spectrum available to all users and restricting access as needed is a far better strategy, ignoring the politics, of course, says columnist Craig J. Mathias.
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One of the major questions as the U.S. Federal Communications Commission kicks off a multibillion-dollar spectrum auction Thursday is whether the auction will produce a winning bidder that will challenge telecom and cable-based broadband providers with a national wireless broadband network.