Spectrum Reform
The electromagnetic spectrum represents one of our greatest public resources. Unlike grazing land or old growth forests, however, use of spectrum can be virtually inexhaustible. More importantly, it can evolve and change with advances in technology and changing social circumstances.
Regulation of the use of the electromagnetic spectrum, or simply “spectrum,” has been based on a basic technological limitation. If two people try to broadcast on the same frequency at the same time, they interfere with each other. As a result, the FCC issues exclusive licenses to use spectrum. Until recently, the FCC gave away limited number of licenses for free on condition that the licensee serve their local community. Since 1993, the FCC has sold the right to use spectrum at auction.
Recently, however, a new and exciting possibility has emerged in spectrum management. Technology has advanced to the point where the old rules about interference may no longer apply. New technology allows multiple, competing uses in the same band of spectrum without interfering with other users. Modern “smart” transmitters and “smart” receivers can send to one another without interfering with each other. Examples of this technology include “wi-fi” wireless internet connections and software defined radios.
As this technology continues to grow and mature, it opens new avenues for free expression, civic discourse, and technical innovation. Ideally, this new technology will make licensing obsolete, allowing anyone who wishes to speak through the airwaves to anyone who wishes to hear. The FCC already allows limited “unlicensed” use which has demonstrated the promise of this technology and the feasability of creating a spectrum “commons” wherein everyone can transmit or receive without interfering with others by following established “rules of the road.”
But those that have long enjoyed a monopoly on the use of the airwaves, and especially those that paid billions of dollars at auction for the exclusive right to use the airwaves, object to this “commons approach.” They argue that they own the spectrum and can use it as they wish without regard to the public.
MAP has worked for most of its existence to ensure that those who have free use of this public resource provide an appropriate level of public service. In the case of television and radio broadcasters, this means providing programming that serves all aspects of their local communities, remaining accountable to their local communities, providing free time for political candidates and coverage of important issues, and a general class of responsibilities usually grouped together as “public interest obligations.”
The FCC has established a task force to evaluate how to manage spectrum in the future. Working with New America Foundation, MAP is dedicated to working to maintain three iron principles in spectrum management. First that the spectrum belongs to the public, and the law prevents the FCC from turning it into private property. Second that those with exclusive rights to use spectrum must also serve the public interest. Third that the public is best served by allowing as many people to use the spectrum as technology will permit; the FCC should therefore favor expanding unlicensed uses to the extent technology allows.