Imagine you just spent a fortune on some excellent beachfront property, only to discover some termites in the basement. Now imagine that the only way to get rid of the termites involves some toxic chemicals that may arouse the ire of the environmentally conscious locals. What do you do? Learn to live with the termites, or spray and tell your green neighbors to deal?
Oddly, Verizon and AT&T now find themselves in a similar mess — if we substitute “wireless microphones” for “termites.” Verizon and AT&T (As well as a bunch of other folks) just spent a boatload of cash on licenses in the reclaimed analog television spectrum. The FCC has rules in place to migrate the broadcasters — both full power and low power. But — as far as I can tell — no one has plans to migrate the wireless microphone folks, who operate on vacant channels in the band. While in theory wireless microphones are a secondary licensed service and notifying the licensees that channels 52-69 are off limits after the digital conversion, the situation is a little more complicated. As comments filed in white spaces proceeding confirm, wireless microphones are bloody everywhere — with huge numbers of users buying and operating them without licenses.
The NAB and the FCC have turned a blind eye to proliferation of unlicensed wireless microphone use (despite the NAB’s usually firm stand against unauthorized use of “their” spectrum), both because the wireless microphones don’t actually cause any interference with television and because the “unauthorized wireless microphone user community” (which sounds so much better than “pirates”) includes megachurches, Broadway groups, and other warm cuddly folks able to gather political support. Indeed, so great is the political protectzia for the unauthorized wireless microphone user community that the FCC is, apparently, requiring that unlicensed devices in the white spaces have the ability to sense and protect these illegal wireless microphone users. (Hence Google’s recent extension of an olive branch which NAB promptly grabbed and started thwaking Google over the head. D’oh!)
AT&T, Verizon, and the rest of the 700 MHZ auction winners therefore face a bit of a dilemma. They just dropped a bundle on the 700 MHZ, and damned if they want to set precedent by allowing a bunch of illegal squatters to use “their” spectrum. Heck, if they’d thought of it earlier, they’d probably have initiated a rulemaking to migrate the legal users.
In fact, under a fair reading of the rules, if the FCC does nothing, licensed wireless microphone systems may enjoy equal or superior rights to 700 MHz Auction winners. OTOH, no one involved is stupid about the politics, giving an incentive to maintain a low profile. If you don’t mind telling shareholders that the NFL may have superior rights in the spectrum you just paid $16 Billion for.
Meanwhile, for those of us happy to see the NAB and the wireless microphone folks get their comeuppance, while not weeping overmuch for the incumbent wireless winners, one word: SCHWEET.
More below . . . .