Mind you, I am generally pleased with the announcement by FCC Chair Kevin Martin that the exhaustive study of possible white spaces devices by the Office of Engineering and Technology (OET) proves that the FCC can go to the next step and authorize both fixed and mobile unlicensed devices. I shall, God and the Jewish holiday schedule permitting, eventually have more to say on the subject. But I can’t help but focus on one aspect of Martin’s generally outlined proposed rules that raises questions for me.
See, I spent a lot of time back in the day working on domain name policy with the Internet Corporation for Assigned Names and Numbers (ICANN). ICANN derives its authority through control of the authoritative list of top-level domain servers (“the root zone file”). Or, put another way, the entire structure of ICANN, which now has a budget in the tens of millions and an entire cottage industry that surrounds it, is based on the fact that ICANN controls access to a list that you must have in order to get internet access.
So I’m very curious about who will control the database that will work to supplement sensing as a way to protect over-the-air broadcasting and operation of (legal?) wireless microphones. If the FCC administers this database, and makes it freely available online, then things will work fine. The FCC is already supposed to maintain such a database, because it supposedly keeps track of every license and licensees have a responsibility to keep their license information current. In practical terms, it would cost some money and effort to upgrade the existing database to something easily accessed and updated on a dynamic basis, because the FCC has let this lapse rather badly. (Not their fault, really. No one likes to pay for “back office” or “infrastructure” and it has never really risen to anyone’s priority level.) OTOH, it means that actually upgrading the FCC’s existing database, and giving broadcasters and wireless microphone licensees incentive to keep their information current, will yield benefits beyond making geo-location possible.
OTOH, if the FCC outsources this function, it will be an invitation to disaster. A database manager –particularly an unregulated one — will have every incentive to charge for access to the database. While I don’t expect anything on the scale of ICANN, the possibility for real bad results goes up exponentially if no one pays attention to this kind of detail. Will the database manager get exclusive control? Will the database manager be able to set its own fees for access to the database? How will the database manager be held accountable to the broader community? These are questions that need to be answered — either in the Report and Order or in a Further Notice of Proposed Rulemaking.
My great fear is that the FCC will treat this as the equivalent of a frequency coordination committee. But it isn’t anything like a frequency coordination committee, since the whole point (from my perspective) is to open up access for everyone and not just for a handful of industry folks who can work the process and pay the fees. Worse, if the FCC delegates this to the broadcasters themselves, it will create an incredible opportunity to hamstring the process at the critical access point.
On the plus side, perhaps we can get Susan Crawford to go from an ICANN Director to an FCC Commissioner.
Stay tuned . . . . .