FCC authorizes "private commons" for secondary markets

[David Farber <dave () farber net>]

Begin forwarded message:

From: Dewayne Hendricks <dewayne () warpspeed com>
Date: September 3, 2004 10:35:18 AM EDT
To: Dewayne-Net Technology List <dewayne-net () warpspeed com>
Subject: [Dewayne-Net] FCC authorizes "private commons" for secondary  
markets
Reply-To: dewayne () warpspeed com



[Note:  I'm cross posting this from another list.  Like Kevin, I doubt  
that this action by the FCC will spur any licensed spectrum holders to  
turn any part of their holdings into a public commons anytime soon.  In  
any case, its worth reading the rulemaking and filing comments if  
you're so inspired.  DLH]

> From: Kevin Werbach <kevin () werbach com>
> Date: September 3, 2004 5:32:11 AM PDT
> To: openspectrum () media mit edu
> Subject: [Openspectrum] FCC authorizes "private commons" for secondary  
> markets
>
> The FCC just released the 2nd Report and Order on secondary markets,  
> which was adopted in July.
>
> <http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04 
> -167A1.pdf>http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04 
> -167A1.pdf
>
> The section starting at paragraph 91 (reproduced below) should be of  
> interest this group.  The are explicitly authorizing licensees to  
> create "private commons", including arrangements in which a  
> manufacturer or other licensee could make its capacity freely  
> available for unlicensed activity.
>
> Spectrum property rights advocates have long argued that, if open  
> spectrum is really beneficial, licensees would create it.  I take  
> issue with this argument, but think the experiment is worth trying  
> alongside efforts to open up more unlicensed capacity.  That's at  
> least what the FCC thinks it's doing here.  See the discussion of the  
> academic debate in paragraphs 98-99.
>
> There is a further notice seeking comment on this proposal, and more  
> generally on new approaches for spectrum access in light of advanced  
> technologies.  Comments are due November 17, replies December 17.
>
> -k-
>
> -----------------------------------
>
> 91. To facilitate the use of advanced technologies, and thus better  
> promote access to and the efficient use of spectrum, we expand the  
> spectrum licensing framework by identifying an additional option that  
> may be utilized by current and future licensees and spectrum lessees.  
> This concept, which we call a "private commons,"will allow licensees  
> and spectrum lessees to make spectrum available to individual users or  
> groups of users that do not fit squarely within the current options  
> for spectrum leasing or within the traditional end-user arrangements  
> associated with the licensee's (or spectrum lessee's) subscriber-based  
> services and network infrastructures. New technologies enable users,  
> through use of advanced devices, to engage in a wide range of  
> communications that do not require use of a licensee's (or lessee's)  
> network infrastructure. To facilitate the use of these technologies,  
> we adopt the private commons option, which will permit, and be  
> restricted to, peer-to-peer communications between devices in a  
> non-hierarchical network arrangement that does not utilize the network  
> infrastructure of the licensee (or spectrum lessee).


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