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[IP] FCC authorizes "private commons" for secondary markets





Begin forwarded message:

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



[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@xxxxxxxxxxx>
Date: September 3, 2004 5:32:11 AM PDT
To: openspectrum@xxxxxxxxxxxxx
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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