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To: Peter Ecclesine who wrote (22108)	6/19/2007 8:01:36 AM
From: Peter Ecclesine	Respond to of 46821

Harold Feld on US 3650 MHz band wetmachine.com <> Who Wins and Who Loses? Nobody really loses. Even the WiMax posse comes out winners, in that they can use WiMax in the band (in addition, there is an IEEE standards committee to come up with an “open” WiMax contention-based protocol that would allow use of WiMax in the entire band). True, they don’t get to screw their competitors. But they will actually get to manufacture and deploy equipment now, rather than continue to fight over how to divide this band up into little licensed bits. The big winners short term will be folks primed to sell the equipment (Cisco, Tropos, and others) and those outside the exclusion zones able to deploy these systems. WISPs and muni systems in rural areas will have access to more (and cleaner) spectrum at higher power than ever before. The ability to do high power point-to-point links will prove particularly useful for folks connecting isolated farms or sparsely populated areas who need to get a backhaul signal to a fiber line a hundred miles away. Because the spectrum is open, and therefore much more affordable than licensed spectrum, we can expect to see small providers springing up to self-provision. With 50 MHZ to play with, you can expect to get some decent broadband speeds. I predict the biggest winners among operators will be municipal broadband systems. The rules of this spectrum band line up very neatly with the network architecture needs of muni systems. High power where you need it, minimal interference from others, and mobile devices for public safety or even folks with lap tops once you’ve got the overall network deployed. Furthermore, because municipal governments are the kind of large, responsible entities that satellite receiver licensees can trust to stick to their network designs and respect the interference concerns of licensees, I also predict that local governments within the exclusion zones will be able to negotiate for use of this spectrum. <> Any Last Thoughts? I will toss in a cautionary note that if operators can’t figure out how to play nicely together, the open spectrum movement (and the “eliminate the FCC because we don’t need it” movement), will take a major hit. If operators keep running back to the FCC all the time, refusing to cooperate, asking the FCC to arbitrate or resolve conflicts, then the FCC is going to decide that the pro-exclusive license camp is right – that someone has to play “traffic cop” and that, to paraphrase the Supreme Court, only by limiting access to spectrum for everybody can anybody use it productively. On the other hand, if we make the 3650-3700 MHz band rules work, we will have taken an important step to reclaim the public airwaves for the public without the need to go through a handful of licensed intermediaries. It won’t prove the case conclusively, of course. Nor do I expect the existing licensees to ever say “Yup, you’re right, we don’t need exclusive licensing anymore, we’re turning in our licenses and giving up or cushy little government monopolies.” But it will provide a real proof of concept that a few simple rules and interference avoiding technology can exploit the potential of wireless far more efficiently and far more equitably than turning licenses into property. So it’s put up or shut up time for those of us that believe the arguments of Benkler and Lessig and Reed that open spectrum can eliminate the need for licensing, generate wealth and innovation, and foster civic engagement and true First Amendment freedom of the airwaves. Steve Stroh’s take bwianews.com