Intellectual Property Law

Does Google Face Uphill Fight on White Spaces?

By Cynthia Brumfield

(Very light blogging this week. Taking a vacation break and a break from the computer and email. Very hard to do.)

Google came up empty-handed in the 700 MHz spectrum auctions, but that's not slowing down the search giant's push to get the government to lay the foundation for an open wireless network. The company drew attention today to an ex parte letter it filed with the FCC advocating use of "white spaces" for unlicensed mobile devices. White spaces are broadcast spectrum segments set aside to serve as interference buffers for the over-the-air TV broadcasters.

Google, Microsoft, Motorola and other tech powerhouses have long advocated the use of white spaces for mobile Internet purposes. But, prototype devices submitted to the FCC by white space proponents have been shot down as faulty and possible sources of interference.

This go-around Google says a new approach developed by Motorola promises to solve these and other issues by using more targeted geo-locating and beacon (to avoid conflicts with wireless microphones) technology. Moreover, Google has suggested a safe harbor for wireless microphones in channels 36 through 38 in which no white space provider could operate.

The pay-off would be much faster wireless Internet speeds, even gigabits per second, according to Google lobbyists. Google's goal is to spur ubiquitous super-fast Wi-Fi service, which would, not coincidentally, be a prime venue for handsets that operate on Google's open source Android system. White space spectrum, much like Wi-Fi spectrum, would be unlicensed and open to a variety of potential developers.

To make real headway, however, Google has to overcome the mighty objections of the nation's TV broadcasters, who may have seen better days but who nonetheless carry an unbelievable amount of weight in Washington. The NAB and TV station groups have been opposed to the use of white spaces for Internet access from the get-go.

Google acknowledges the forces against it by noting in the letter that

It is an unfortunate, yet not surprising, fact that some entities prefer the comfort of the past to the promise of the future, and use their influence to convince policymakers to protect legacy applications -- at any and all costs.

That about sums it up. Broadcasters, whose local news programs can make or break political campaigns, can and do use their influence to convince policymakers to protect legacy applications at any and all costs. Unlike its successful bid to include open access rules for the C Block group of 700 MHz auction bidders, Google faces a much tougher battle if it plans to fight TV broadcasters in Washington.

Still, the idea of a fast, universally available third pipe might gain traction. Nothing will, however, happen until at least February 2009, when the white space spectrum becomes available following the TV broadcaster digital transition.

Full post as published by IP Democracy on March 24, 2008 (boomark / email).