NigelHolmes

Explanation Graphics

DESIGNER &ILLUSTRATOR

J.H. SniderSenior Research Fellow,

New AmericaFoundation

AUTHOR &PROJECT

COORDINATOR

TheGuide to FederalSpectrum Policy

What if thegovernment regulatedspoken words the way

it regulates theairwaves?

The Spectrum Policy Programis supported by grants from the Ford Foundation,

The Open Society Institute, and the Joyce Foundation.

Additional copies can be ordered or downloaded atwww.spectrumpolicy.org.

© 2004

New America FoundationPresident and CEO, Ted Halstead

Spectrum Policy ProgramVice President and Director, Michael Calabrese

1

Thanks to the computerrevolution, radios areevolving from beingdumb to smart devices,which allows wireless net-working and communicationbased on dynamic sharing offrequency bands. This radiorevolution calls for radicallydifferent governmentregulation of public access tothe radio spectrum,*popularly known as the“public airwaves.” Increasingly,access to spectrum shouldbe regulated based on freespeech (“unlicensed”) ratherthan exclusive speech(“licensed”) regulatoryprinciples.

Not surprisingly, recipients ofexclusive government licensesto use the spectrum (called“licensees”) are furiouslyopposed to any proposal thatrequires them to share theirspectrum with users lackinga license. Never mind thattheir licenses are for shortterms and convey noownership rights, or that

license-free sharing need notconflict with their currentlyoffered services. The licenseesknow that exclusive rights touse the public airwaves areworth a king's ransom, andthe prospect of your payingthem a toll every time youcommunicate on thoseairwaves has them salivatinglike Golum in Lord of the Rings.

To prevent additionalunlicensed sharing ofspectrum, licenseescommission arcaneengineering and economicanalyses to prove thatlicensing is the only possibleway to allocate spectrumwithout creating chaos. Howcan the public evaluate theseself-serving claims?

Fortunately, the public doesunderstand the acousticspectrum—the medium thathuman mouths and ears usefor communication. ThisCartoon Guide seeks touse the public's intuitivegrasp of the acousticspectrum to bring thepublic into the policydebate over unlicensedaccess to the radiospectrum.

*The word “radio” refers to devicessuch as cell phones, and WiFinetworks that transmit informationover radio waves.

Smart radio

FM

Antenna

Speaker

Ear

Mouth

Brain

Acoustic waves

Microbe

Smart brain

Radios have historically been far less intelligent than humansystems for communication. Because radio devices haven’t been smartenough to distinguish among overlapping signals, government regulates the

radio spectrum to minimize interference in ways that would be inconceivablefor acoustic communications.

A smart brain allows the human ear to distinguish between different speakers.Similarly, a smart computer processor allows a radio receiver to distinguish

between the signals from different transmitters. Human acoustic systems havea brain to analyze sound waves, whereas radios have until recently had no

advanced computer processors to analyze radio waves. But as the computerrevolution comes to radio, this is rapidly changing. Radios are developingthe discriminatory powers of the human communication system.

As this happens, many of the government’s onerous restrictions on radiospeech become unnecessary. Yet the government continues to regulate

the spectrum as if we live in a world of dumb radios.

Tuner

acousticsystem

radiosystem

Radio waves

2 3

When we listen to someone talking to us, the sound waves are analogous tothe radio waves used in wireless communication. Both use waves to send

messages between transmitters and receivers. The acoustic spectrum involveslower frequencies than the radio frequency spectrum, but this has no effect onthe physics involved. Our ears are tuned to pick up acoustic waves, just as radio

receivers are tuned to receive radio waves.

The major difference between acoustic and radio communication is that humansand other animals have evolved exquisitely sophisticated tools for processing

sounds. Our brains can pick out sound waves from the surrounding backgroundnoise and quickly interpret them with phenomenal accuracy.

The acoustic speech analogy The evolution of acoustic and radio systems

acousticsystem

radiosystem

The government grants loud speakers the exclusive right of speech.

54

Loud and soft speakers can coexist.

What if the only allowed speaker was a loud speaker?

Talking orwhisperingduring the

concertis illegal

How thegovernmentregulatesacousticspectrum

How thegovernmentregulatesradiospectrum

6 7

Oui,‘allo. Je m’appelle

Martin, avec AcmeCorp. Nous voulons

acheter…

WHAT’S UP?WHERE ARE WE

GOING TONIGHT?HOW ABOUT THAT

PLACE…?

So when we gotthere, she just cameout with it, and it was

like…

[Whispering]

[Shouting]

Hello, thisis Joe at AcmeCorporation…

Hey, letme tell you about

this date I had! Wewent to…

Hello, thisis Joe at AcmeCorporation…

It’s asthough Joe is

hard of hearing,so no one elseis allowed in

the room withhim.

More than one person can speak at the same time on the same frequency and no one need ask the government for permission to speak.

Only one person, with thegovernment’s approval, can speak at a time.

What if the human body lacked a smart receiver?

How thegovernmentregulatesacousticspectrum

How thegovernmentregulatesradiospectrum

I’m sending youa purchase order so that you

can bill us properly. Make surethat you include both the POnumber and the job number

on the invoice…

ALL YOU CANTALK FOR

$99 A MONTH! Box seatsget priority

Speakers pay the government or a government licensedprivate party for the right to speak.

98

No one pays or requiresgovernment permission to speak.

GOBRAVES!

My uncleHarry can playbetter than

that!

Pick it up,stupid!

Sorry,I can’t talk; I

don’t want to goover my speech

budget.Yes, but

that’s notSusan he’s

with.

Can Isee Susan’s

boyfriend overthere?

I knew itwouldn’t last.

Get yer hotdogs here!

Psst!Need aticket?

Nice play!

Nice day,huh? I’m cold.

Hot dogs!

Get yourspeaking time

here!

Speechcards!

What if you had to pay to speak?

acousticspectrum

radiospectrum

The government grants use of the airspace on your private property tolicensees who can force you to both get permission and pay to speak.

1110

No one can restrict you fromspeaking in the privacy of your own home.

What if you wanted to speak in your own home?

acousticspectrum

radiospectrum

Thanks forcoming. Pete.

She’scute.

He’scute.

Thank you,sir. It looks

delicious.

Can’t wejust eat so wecan watch the

game?

Hey Dad!White meat for

me, OK?

Be quiet, Susan.You’ll be happy withwhat your father

gives you.

Welcome toour Thanksgiving

dinner, Peter.

She’scute.

He’scute.

1312

The Federal Communications Commission

Lobbyists forspectrum licenseholders havewritten thousandsof pages of F.C.C.commentsridiculingproposals to allowlow-powertransmissions(“whispering”)within theirfrequency bands.For example, high-power TVbroadcastersargue that suchlow-powerunlicensedunderlays for usessuch as WiFiwould createharmfulinterference withtheir signals andlead to aninefficientallocation ofresources. Bylobbying againstunlicensedunderlays, theyhope to hinderpotentialcompetitors andcreate a vast newmarket forthemselves.

I N C U M B E N T S P E C T R U M L I C E N S E E S ( L O B B Y I S T S ) I N C U M B E N T S P E C T R U M L I C E N S E E S ( L O B B Y I S T S )

FCC

Whisperersare communists.

1. Whisperers andscreamers cannotcoexist (see thelaws of physics).

2. The rights ofscreamers mustprevail over the

rights of whisperers (see the laws ofeconomics).

3. All whisperers must pay screamers for the right to speak(see 1 and 2 above).

FCC BAN ONFREE SPEECH

I herebypass these rules.

Those violating themwill be guilty of theft,will face large finesand jail sentences,

and be labeledfelons.

Give us theexclusive right

to whisper.

Whisperingadvocates arenaïve utopians. Whispering

violates thelaws of physics.

Unlesswhisperers

pay us, therewill be chaos.

Noperson with

common sensecould ruleotherwise.

Whisperingcan only be

allocated efficientlyvia markets.

Banwhispering

You must bekidding!

Is licensing the only efficient way to allocate spectrum?

14 15

The economic windfall for incumbent licensees if they can (a) winspectrum flexibility for themselves, and (b) prevent unlicensed spectrum useby others, has been estimated to be as high as $1trillion. (For details, seethe companion Citizen’s Guide to the Airwaves.) The result is that incumbentlicensees and their vendors furiously oppose additional allocations of unlicensedspectrum. Here are quotes from theircomments to the FCC.

National Association ofBroadcasters (by Stuart J. Lipoff,an engineer hired by the NAB),

Comments, Docket 02-380,April 17, 2003

Sharing theTV band with unlicensedRF devices is not feasible

on both technical andeconomic grounds.

Cellular Telecommunications IndustryAssociation, Reply Comments,Docket 02-380, May 16, 2003

Cingular, Comments,Docket 02-380,

April 17, 2003

Licensing, not unlicenseduse, is the statutory model. Thus, it

would be contrary to law for the Commissionto permit additional unlicensed operations…Permitting such operations as an ‘underlay’

to licensed services is also inconsistentwith sound policy and

technical reality.

Motorola,Comments,

Docket 02-380,April 17, 2003

There is no readilyapparent technological

solution that would enableunlicensed secondary use without

causing harmful interferenceto licensedservices.

[The FCC]must not lose sight of its

fundamental obligation to protectusers of licensed services against inter-

ference. Unless the Commission satisfiesthis basic tenet of spectrum management asa prerequisite to developing a frameworkfor unlicensed use, any initiative to explorethe concept of licensed underlays would

do little more than generate…harmto consumers and inefficient

use of spectrum.

Sprint, Comments,Docket No. 03-66,September 15, 2003

Any sanctioningof ‘underlay’ operations

must take into account the licensee’sright to exclusive use of its spectrum—including the right to modify its service

offerings to meet changes in business plansand the marketplace—and the right to operate

free from harmful interference…Unlicenseddevices, by definition, have no spectrumrights…Any changes in this approach

would be a drastic reversal ofprecedent and harmful to

consumers andlicensees alike.

Wireless CommunicationsAssociation, Comments,

Docket 03-66,September 15, 2003

Unlicensedauthorization of

opportunistic use orunderlays will preclude

licensees from making the mostinnovative and efficient use of theradio spectrum over time. As un-

licensed devices emerge in alicensed band, the ability

of licensed users tointroduce their owninnovations inevitably

will be stifled.

Once unlicensed devices begin to operatein an [underlay], it may be difficult legally or politically to

shut down the operations even if they begin to cause inter-ference or otherwise limit the licensed user’s flexibility…

In making such decisions, the [FCC] will need to be sensitiveto the potential impact…on the expectations, business

plans, and investment made by licensedspectrum users.

FCC Spectrum PolicyTask Force Report,

Docket 02-135, November 2002

1716

Some limitations of the human acoustic analogy

Humanscannot heardistant orvery softsounds.

A radio canhear a faint

signal hundredsor even billions

of miles away.

Humans have limited abilityto discern the directionof a sound.

Where’sthat fly?

Mmmm,tasty!

Humans can only make sense ofone or at most a couple ofconversations at a time.

Radios can listen to hundredsof conversations at a time.

Many animals such as horsesand bats have far greater spatialdiscrimination than humans. Abat can hear the location of afly 20 feet away;a smart radiothe locationof a stara millionlight yearsaway.

Humans can only hear a smallpart of the acoustic spectrum.

Smart radios may one day beable to detect signals acrossthe entire radio spectrum.

20 kHz

20,000 kHz

0 kHz

30,000,000 kHz

Radios are evolving to have greater signal detection and discrimination powers than humans.

1918

the way it regulates the public airwaves?

Public safety and military vehicles share the roads with other vehicles.The government forces all public traffic into one lane, and reserves

the other lanes for exclusive government use.

What if the government regulated public roads the way it regulates public airwaves?

acousticspectrum

radiospectrum

Reserve

d for m

ilitary

vehicles in

case of n

uclear d

isaste

r.

The go

vernment claims th

e future of ci

vilizatio

n may

depend on this l

ane being kept o

pen 99.999999% of the tim

e.POLICE

POLICE

2120

Opening thegarage door

Using ajoystick

Detectingintruders

Monitoringthe baby

Surfingthe web

Making aninventory of food

Printingdocuments

Reading thetemperatureand humidity

Uses of unlicensed spectrum in your home

Electronicallyfencing in the dog

Openingthe car door

Using thephone

Monitoringyourhealth

Monitoringyour

weight

Readingwarranties

The home of the future may have hundreds or eventhousands of tiny sensors andcommunicators networkedtogether via unlicensedspectrum. Already today,most American homes havemany more unlicensedthan licensed devices.But the shift to un-licensed devicesis likely toaccelerate inthe future,especially ifsome of theFederalgovernment’sbans onunlicensed“whispering”are over-turned.

Playingwith a

toy train

WiFi link to the broadband network

This airfilter needsreplacing.

To bakea potato…

This heaterwill break down

in 30 days ifnot fixed.

This plant needsto be watered.

This lamphas a one-

year parts only warranty.

2322

Uses of unlicensed spectrum at work, school, and play

The Paris metro plans to let riders access the Internetvia unlicensed spectrum in each station and car.

In some towns,public safetypersonnel useunlicensedspectrum tocommunicatewith each otherat the site ofan accident.

The intelligent transportationnetwork of the future will makeextensive use of unlicensedspectrum for services such asgathering tolls, alerting driversto upcoming traffic, and avoidingimminent collisions.

Future telecommunications networks may make extensive use of unlicensed spectrum, es-

Rather thanrewire schoolsfor thebroadbandInternet,thousands ofK12 schoolsconnectstudents to theInternet viaunlicensedspectrum.

POLICE

pecially if the Federal government stops treating unlicensed users as second-class citizens.

Mesh networksof wireless devices

attached to lampposts, utility poles,and other objects

along roadwayswill allow

municipalitiesand others to

quickly andcheaply set up

last-mile broadbandnetworks using

unlicensedspectrum.

The Departmentof Homeland

Security plans touse unlicensed

radio tags tocheck for

tampering onsealed cargo

containerscoming from

overseas.

The 110-story SearsTower inChicago,along withthousands ofother officebuildings,now useunlicensedspectrum toconnect theirworkers tothe Internet.

Largeretailers areplanning toreplace barcodes onstoreproductswithunlicensedradiofrequencyID tags.

BIG STORE

CH

ECK

OU

T H

ERE

Action you can take

24

Additional information

For more about spectrum policy, including New America Foundation publicationsand current FCC rulemaking, see http://www.spectrumpolicy.org

In George Orwell’s 1984, the price of a monopoly license on speech(called “Big Brother”) was the death of Western Civilization and democracy.Big Brother, like a Federal Communications Commission licensee, hadexclusive control of speech within citizens’ homes, work places, andpublic spaces.

No one is expecting that a Big Brother will emerge with the same typeof exclusive control of the radio spectrum. But even if this power isallocated among several dozen corporations, the prospect is frightening.The Spectrum Policy Program at the New America Foundation hopesthat the American people will not only take an interest in the future ofthe public airwaves but also express their views to their local memberof Congress. Please tell your member of Congress to (1) stopthe giveaway of the public airwaves to private corporations,and (2) support an unlicensed reserve for free speech.

For a serious look at the spectrum policies lampooned here,see Radio Revolution http://www.spectrumpolicy.org/RadioRevolutionand The Citizen’s Guide to the Airwaveshttp://www.spectrumpolicy.org/CitizenGuide

The Citizen’sGuide to theAirwaves

The RadioRevolution