The

Guide to Federal
Spectrum Policy
What if the
government regulated
spoken words the way
it regulates the
© 2004 airwaves?

J.H. Snider
Senior Research Fellow,
New America
Foundation

New America Foundation Nigel

President and CEO, Ted Halstead
Holmes
Spectrum Policy Program Explanation Graphics
Vice President and Director, Michael Calabrese AUTHOR &
PROJECT
COORDINATOR
The Spectrum Policy Program
is supported by grants from the Ford Foundation,
The Open Society Institute, and the Joyce Foundation.
DESIGNER &
Additional copies can be ordered or downloaded at ILLUSTRATOR
www.spectrumpolicy.org.
Thanks to the computer
revolution, radios are
evolving from being
dumb to smart devices,
which allows wireless net-
working and communication
based on dynamic sharing of
frequency bands. This radio
revolution calls for radically
different government
regulation of public access to
the radio spectrum,*
popularly known as the
“public airwaves.” Increasingly,
access to spectrum should
be regulated based on free
speech (“unlicensed”) rather
than exclusive speech
(“licensed”) regulatory
principles.
Not surprisingly, recipients of
exclusive government licenses
to use the spectrum (called
“licensees”) are furiously
opposed to any proposal that
requires them to share their
spectrum with users lacking
a license. Never mind that
their licenses are for short
terms and convey no
ownership rights, or that
*The word “radio” refers to devices
such as cell phones, and WiFi
networks that transmit information
over radio waves.
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license-free sharing need not
conflict with their currently
offered services.The licensees
know that exclusive rights to
use the public airwaves are
worth a king's ransom, and
the prospect of your paying
them a toll every time you
communicate on those
airwaves has them salivating
like Golum in Lord of the Rings.
To prevent additional
unlicensed sharing of
spectrum, licensees
commission arcane
engineering and economic
analyses to prove that
licensing is the only possible
way to allocate spectrum
without creating chaos. How
can the public evaluate these
self-serving claims?
Fortunately, the public does
understand the acoustic
spectrum—the medium that
human mouths and ears use
for communication. This
Cartoon Guide seeks to
use the public's intuitive
grasp of the acoustic
spectrum to bring the
public into the policy
debate over unlicensed
access to the radio
spectrum.
The acoustic speech analogy The evolution of acoustic and radio systems

Brain Radios have historically been far less intelligent than human
acoustic systems for communication. Because radio devices haven’t been smart
system enough to distinguish among overlapping signals, government regulates the
Acoustic waves radio spectrum to minimize interference in ways that would be inconceivable
Ear for acoustic communications.

A smart brain allows the human ear to distinguish between different speakers.
Mouth Similarly, a smart computer processor allows a radio receiver to distinguish
between the signals from different transmitters. Human acoustic systems have
a brain to analyze sound waves, whereas radios have until recently had no
advanced computer processors to analyze radio waves. But as the computer
revolution comes to radio, this is rapidly changing. Radios are developing
the discriminatory powers of the human communication system.
Antenna
As this happens, many of the government’s onerous restrictions on radio
speech become unnecessary. Yet the government continues to regulate
Radio waves the spectrum as if we live in a world of dumb radios.

Smart brain
acoustic
radio system
system Tuner

Speaker

Microbe

When we listen to someone talking to us, the sound waves are analogous to
the radio waves used in wireless communication. Both use waves to send
messages between transmitters and receivers. The acoustic spectrum involves Smart radio
lower frequencies than the radio frequency spectrum, but this has no effect on
radio
the physics involved. Our ears are tuned to pick up acoustic waves, just as radio
system
receivers are tuned to receive radio waves.

The major difference between acoustic and radio communication is that humans
and other animals have evolved exquisitely sophisticated tools for processing
sounds. Our brains can pick out sound waves from the surrounding background FM
noise and quickly interpret them with phenomenal accuracy.

2 3
What if the only allowed speaker was a loud speaker?
How the How the
government government
regulates regulates
acoustic radio
spectrum spectrum

Talking or
whispering
during the
concert
is illegal

Loud and soft speakers can coexist. The government grants loud speakers the exclusive right of speech.

4 5
 What if the human body lacked a smart receiver?
How the How the
government government
regulates [W
his regulates
acoustic So when we got radio

pe
g]

ring
there, she just came utin
spectrum [Sh
o spectrum

]
out with it, and it was WHAT’S UP?
like… WHERE ARE WE
I’m sending you GOING TONIGHT?
a purchase order so that you HOW ABOUT THAT
can bill us properly. Make sure PLACE…?
that you include both the PO
number and the job number
on the invoice…

Hey, let
me tell you about
this date I had! We
went to…

Hello, this Hello, this

is Joe at Acme is Joe at Acme
Corporation… Corporation…

It’s as
though Joe is
hard of hearing,
Oui, so no one else
‘allo. Je m’appelle is allowed in
Martin, avec Acme
the room with
Corp. Nous voulons
him.
acheter…

More than one person can speak at the same time on the same frequency Only one person, with the
and no one need ask the government for permission to speak. government’s approval, can speak at a time.

6 7
 What if you had to pay to speak?
acoustic radio
spectrum spectrum
Nice play!

Hot dogs!
Sorry,
Can I I can’t talk; I
see Susan’s don’t want to go
boyfriend over over my speech
Nice day, there? budget.
huh? Yes, but I knew it
I’m cold. that’s not wouldn’t last.
Susan he’s Speech
with. cards!
GO ALL YOU CAN
BRAVES!
TALK FOR
Box seats
$99 A MONTH! get priority
My uncle Pick it up,
Harry can play stupid!
better than
that! Get yer hot Get your
dogs here! speaking time
here!

Psst!
Need a
ticket?

No one pays or requires Speakers pay the government or a government licensed

government permission to speak. private party for the right to speak.

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 What if you wanted to speak in your own home?
acoustic Welcome to radio
our Thanksgiving
spectrum dinner, Peter. spectrum

Thank you,
sir. It looks
delicious.
Thanks for
coming. Pete.

He’s She’s He’s She’s

cute. cute. cute. cute.

Can’t we
just eat so we
can watch the
game?

Hey Dad!
White meat for
me, OK?

Be quiet, Susan.
You’ll be happy with
what your father
gives you.

No one can restrict you from The government grants use of the airspace on your private property to
speaking in the privacy of your own home. licensees who can force you to both get permission and pay to speak.

10 11
The Federal Communications Commission
Lobbyists for Ban
spectrum license whispering
holders have You must be
I hereby
written thousands kidding! pass these rules.
of pages of F.C.C. Those violating them
comments will be guilty of theft,
will face large fines
ridiculing and jail sentences,
proposals to allow and be labeled
low-power felons. FCC BAN ON
transmissions FREE SPEECH
(“whispering”) 1. Whisperers and
within their FCC screamers cannot
coexist (see the
frequency bands. laws of physics).
For example, high-
power TV 2. The rights of
broadcasters screamers must
argue that such prevail over the
low-power rights of whisperers
unlicensed (see the laws of
underlays for uses economics).
such as WiFi
would create 3. All whisperers
harmful must pay screamers
interference with for the right to speak
(see 1 and 2 above). No
their signals and person with
lead to an common sense
Whispering could rule
inefficient advocates are otherwise.
allocation of naïve utopians.
Whispering
resources. By violates the
laws of physics. Whisperers
lobbying against are communists. Unless
unlicensed whisperers
pay us, there
underlays, they will be chaos.
hope to hinder
potential
competitors and Give us the Whispering
create a vast new exclusive right can only be
market for to whisper. allocated efficiently
themselves. via markets.

INCUMBENT SPECTRUM LICENSEES (LOBBYISTS) INCUMBENT SPECTRUM LICENSEES (LOBBYISTS)

12 13
 Is licensing the only efficient way to allocate spectrum?
Any sanctioning
of ‘underlay’ operations
The economic windfall for incumbent licensees if they can (a) win must take into account the licensee’s
spectrum flexibility for themselves, and (b) prevent unlicensed spectrum use right to exclusive use of its spectrum—
by others, has been estimated to be as high as $1trillion. (For details, see including the right to modify its service
the companion Citizen’s Guide to the Airwaves.) The result is that incumbent offerings to meet changes in business plans
licensees and their vendors furiously oppose additional allocations of unlicensed and the marketplace—and the right to operate
spectrum. Here are quotes from their free from harmful interference…Unlicensed
comments to the FCC. devices, by definition, have no spectrum
[The FCC]
must not lose sight of its rights…Any changes in this approach
fundamental obligation to protect would be a drastic reversal of
Unlicensed
users of licensed services against inter- precedent and harmful to
consumers and authorization of
ference. Unless the Commission satisfies opportunistic use or
this basic tenet of spectrum management as licensees alike.
Sharing the underlays will preclude
TV band with unlicensed a prerequisite to developing a framework licensees from making the most
RF devices is not feasible for unlicensed use, any initiative to explore
innovative and efficient use of the
on both technical and the concept of licensed underlays would
do little more than generate…harm radio spectrum over time. As un-
economic grounds.
to consumers and inefficient Sprint, Comments, licensed devices emerge in a
Docket No. 03-66,
use of spectrum. September 15, 2003 licensed band, the ability
of licensed users to
introduce their own
National Association of innovations inevitably
Broadcasters (by Stuart J. Lipoff, Cellular Telecommunications Industry Wireless Communications
an engineer hired by the NAB), Association, Comments, will be stifled.
Association, Reply Comments,
Comments, Docket 02-380, Docket 02-380, May 16, 2003 Docket 03-66,
April 17, 2003 September 15, 2003

Licensing, not unlicensed Once unlicensed devices begin to operate

use, is the statutory model. Thus, it
would be contrary to law for the Commission
to permit additional unlicensed operations…
Permitting such operations as an ‘underlay’
to licensed services is also inconsistent
with sound policy and
technical reality.
Cingular, Comments,
Docket 02-380,
April 17, 2003
Motorola, in an [underlay], it may be difficult legally or politically to
Comments, shut down the operations even if they begin to cause inter-
Docket 02-380,
April 17, 2003 ference or otherwise limit the licensed user’s flexibility…
In making such decisions, the [FCC] will need to be sensitive
to the potential impact…on the expectations, business
plans, and investment made by licensed
There is no readily spectrum users.
apparent technological
solution that would enable
unlicensed secondary use without
FCC Spectrum Policy
causing harmful interference Task Force Report,
to licensed Docket 02-135, November 2002
services.

14 15
 Some limitations of the human acoustic analogy
Radios are evolving to have greater signal detection and discrimination powers than humans.

Humans A radio can Humans can only make sense of Radios can listen to hundreds
cannot hear hear a faint one or at most a couple of of conversations at a time.
distant or signal hundreds conversations at a time.
very soft or even billions
sounds. of miles away.

Humans can only hear a small Smart radios may one day be Humans have limited ability Many animals such as horses
part of the acoustic spectrum. able to detect signals across to discern the direction and bats have far greater spatial
the entire radio spectrum. of a sound. discrimination than humans. A
bat can hear the location of a
30,000,000 kHz fly 20 feet away;
Where’s a smart radio
that fly? the location
of a star
a million
20,000 kHz light years
away.
Mmmm,
tasty!
20 kHz

0 kHz

16 17
What if the government regulated public roads the way itthe way it regulates
regulates the public airwaves?
public airwaves?
acoustic radio
spectrum spectrum

CE er.
OL
I
i s ast
P d e.
l e ar ay tim
c n m th e
nu
e of zatio % of
s i
l
ca ivi 999
s in of c .999
le re 99
hic tu
y ve e fu open
r th ept
lita s
r mi laim ing k
o c
d f ent e be
e rve rnm lan IC
E
e s ve h i s P OL
R go t
e on
Th end
p
de

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

18 19
Uses of unlicensed spectrum in your home
The home of the future may have hundreds or even
WiFi link to the broadband network
thousands of tiny sensors and
communicators networked
together via unlicensed
spectrum. Already today, Playing This plant needs
most American homes have with a to be watered.
many more unlicensed toy train
than licensed devices.
But the shift to un- This air
filter needs
licensed devices replacing.
is likely to
accelerate in
the future, This heater
especially if Monitoring will break down
your in 30 days if
some of the Surfing health not fixed. Monitoring
Federal the web the baby
government’s Monitoring
bans on your
unlicensed Reading the weight
temperature
“whispering” and humidity
are over-
turned.
This lamp
has a one- Making an
year parts only inventory of food
warranty. Printing
Detecting documents
intruders
Opening the
garage door
Using a
joystick To bake
a potato…

Using the
Reading phone
Opening warranties
the car door

Electronically
fencing in the dog

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 Uses of unlicensed spectrum at work, school, and play
Future telecommunications networks may make extensive use of unlicensed spectrum, es- pecially if the Federal government stops treating unlicensed users as second-class citizens.

The 110-
story Sears In some towns,
Tower in public safety
Chicago, personnel use
along with unlicensed
thousands of spectrum to
other office communicate
buildings, with each other
The Department now use at the site of
of Homeland unlicensed an accident.
Rather than Security plans to spectrum to
rewire schools use unlicensed connect their
for the radio tags to workers to
broadband check for the Internet.
Internet, tampering on
thousands of sealed cargo
K12 schools containers
connect coming from
students to the overseas.
Internet via
unlicensed
spectrum.
POLICE

BIG STORE
Large
retailers are
planning to
replace bar Mesh networks
codes on of wireless devices
CHECK OUT HERE

store attached to lamp

products posts, utility poles,
with and other objects
unlicensed along roadways
radio will allow
frequency municipalities
ID tags. The intelligent transportation and others to
network of the future will make quickly and
extensive use of unlicensed cheaply set up
spectrum for services such as last-mile broadband
The Paris metro plans to let riders access the Internet gathering tolls, alerting drivers networks using
via unlicensed spectrum in each station and car. to upcoming traffic, and avoiding unlicensed
imminent collisions. spectrum.

22 23
Action you can take

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, had
exclusive control of speech within citizens’ homes, work places, and
public spaces.

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

Additional information

For a serious look at the spectrum policies lampooned here,

see Radio Revolution http://www.spectrumpolicy.org/RadioRevolution
and The Citizen’s Guide to the Airwaves
http://www.spectrumpolicy.org/CitizenGuide

The Citizen’s
The Radio Guide to the
Revolution Airwaves

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

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