By Lauren Gelman on March 13, 2007 at 1:55 pm
Techdirt reports that the Federal Communications Commission may start to allow unlicensed uses in so- called "white space spectrum." WSS is the buffer zone that used to be necessary around broadcast analog spectrum to make sure there was no interference. Finally, the FCC is starting to recognize that technology has made (and will continue to make) interference less of a problem. Therefore, locking up all the best spectrum so that your analog TV channels will work is not the best use of a valuable public resource.
This is a dangerous road for the FCC so you can understand their reluctance. In fact it might just put them out of business. If interference disappears they lose their constitutional justification for selling spectrum at all. In Red Lion Broadcasting Co. v. FCC, 395 U.S. 367 (1969) the Supreme Court found that it did not violate the First Amendment for the FCC to choose speech winners and losers when they sold exclusive rights to use spectrum at auctions because having some people able to speak was better than allowing everyone to speak at the same time and noone be heard because of the interference. (upholding a FCC rule that required broadcasters to provide a right of reply under certain circumstances.) As technology drops the interference factor to zero, the FCC's spectrum auctions continue to lose their First Amendment bona fides.
We had a conference on this issue 4 years ago. It is nice to finally see some concrete movement from the FCC.
David Raymond Amos May 20, 2008 at 3:26 pmPermalink
I see that somebody was googling me and that caused me to you folks. Too bad wee didn't cross paths before the War in Iraq began. We were both in US District Court at the same time.
All that said six years later there is even more to relate to each other.
Please Check this out and get back to me soon will ya?
Please read page 66 of the Spitzer file found within the link above and then surf within my file from there.
If you do not trust the link I have provided then if nothing else please check the link below from the US Senate website when Spitzer testified 5 very long years ago for many people and ask yourselves why the transcripts
of that hearing and the one two days before have evaporated from the public record. I am a very serious man who is trying to tell you folks something you really need to know if you are serious about Democracy.
David Raymond Amos
P.S This is the law blog where I posted the info
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