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Does OSS Make The FCC Irrelevant?

JordanL writes "Daniel Fisher over at Forbes.com wonders whether or not OSS makes the FCC irrelevant. From the article: 'The agency might have made sense in the 1920s, Moglen says, when it was formed to assign specific frequencies to broadcasters so they wouldnt try to drown each other out by cranking up the transmitter power. But a new generation of intelligent radios, combined with equally clever computer networks, is making it possible for anybody to use the airwaves without interfering with anybody else.'"

256 comments

  1. Argh! by rovingeyes · · Score: 5, Interesting
    From TFA - "You cannot regulate code without going through the First Amendment-type balancing tests we have for any other type of speech," says Cindy Cohn, a lawyer at the Electronic Freedom Foundation in San Francisco. "Code is speech."

    Yeah right. If I go by your same logic and just for the sake of argument let us also assume that Napster was Open Source. Do you really think RIAA still wouldn't have crushed it? First Amendment my ass. Our "friendly" (and genius) lawmakers will find a loophole or make a law that First Amendment will violate. Yup the greenback has a voice, and it is fuckin' loud!

    1. Re:Argh! by Spy+Hunter · · Score: 2, Insightful

      That's a stupid argument. They shut down Napster's central servers, not the software code. If they could shut down mere distribution of software then people distributing Gnutella clients would have been shut down a long time ago.

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    2. Re:Argh! by null+etc. · · Score: 3, Insightful

      It's true. The government can use any argument it wants to prohibit the "free speech" distribution of code. Look at how the government classified encryption software as "munitions" in order to prevent its export to foreign countries.

    3. Re:Argh! by stecoop · · Score: 1

      I would have to say that the saving grace of speech is p2p networks and with that in conjuction with OSS will prevent censorship - don't think it can happen then look what happened to DVD Decrypter.

    4. Re:Argh! by jrockway · · Score: 4, Informative

      And look at how they were sued and lost in Bernstein v. US.

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    5. Re:Argh! by Anonymous Coward · · Score: 0

      only worked for binaries

    6. Re:Argh! by techno-vampire · · Score: 1
      Look at how the government classified encryption software as "munitions" in order to prevent its export to foreign countries.

      That's not even stretching the definition. In wartime, communications must be kept secure, and encryption is the key to this. Our cracking of Japan's Purple cypher warned us about the move on Austrailia in time to block it in the Coral Sea, about their move on Midway in time to block it and (with luck) give them a crushing defeat and about Yamamoto's movements so that we could attack his plane and shoot it down. Although not as dramatic, we got just as much use out of breaking Enigma in the European Theater.

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    7. Re:Argh! by Shakrai · · Score: 1

      Although not as dramatic, we got just as much use out of breaking Enigma in the European Theater

      I dunno about that. The U-Boat crews who died because we were tracking their movements as easily (or easier) then Donitz thanks to the breaking of Enigma would probably say it was pretty dramatic. The breaking of Enigma is probably the biggest reason we have to thank for the victory in the Battle of the Atlantic.

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    8. Re:Argh! by techno-vampire · · Score: 1
      The breaking of Enigma is probably the biggest reason we have to thank for the victory in the Battle of the Atlantic.

      In the long run, certainly. However, there were no sudden events that made a great, obviuus change, like the ones I mentioned for the Pacific. That's what I meant by "dramatic."

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    9. Re:Argh! by Anonymous Coward · · Score: 0

      there were no sudden events that made a great, obviuus change,

      You don't think the D-Day amphibious assault was dramatic? If the U-Boats hadn't been beaten, it would never have happened.

    10. Re:Argh! by suitepotato · · Score: 1

      From TFA - "You cannot regulate code without going through the First Amendment-type balancing tests we have for any other type of speech," says Cindy Cohn, a lawyer at the Electronic Freedom Foundation in San Francisco. "Code is speech."

      0110101010101001011101010101101010? 010111100011101010, 0101101101111011010110011... Speech to whom?

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    11. Re:Argh! by LordoftheWoods · · Score: 1

      Do you realize that the phrase "Speech to whom?" is also a sequence of ones and zeros on your computer? That doesn't make it not speech; it's just encoded in ASCII. Most source code is also encoded in ASCII. Binaries are probably not speech, but source code is arguably similar to the written word. It is a language that humans can use to communicate, after all.

    12. Re:Argh! by geminidomino · · Score: 1

      but source code is arguably similar to the written word. It is a language that humans can use to communicate, after all.

      Except perl.

      */me ducks and runs like hell.

  2. Idiot. by ThatFunkyMunki · · Score: 1, Troll

    The FCC does more than just assign people radio waves.

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    1. Re:Idiot. by theJML · · Score: 5, Funny

      Yeah, I mean, if we didn't have the FCC, who would fine TV stations for showing bare asses and hot cheerleaders during football games?

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    2. Re:Idiot. by Chubby_C · · Score: 1

      they spend their time fining on-air personalities for undefinable 'indecent' behaviour ala Howard Stern

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    3. Re:Idiot. by QuantumRiff · · Score: 3, Insightful

      Yes, they enforce draconian "standards of decency" that are not documented. They used to have the "7 dirty words", and all broadcasters knew to avoid them. Now, anything goes. They assign frequencies, and enforce a undefined moral standard on the people. (for the children, of course!)

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    4. Re:Idiot. by toleraen · · Score: 2, Informative

      That's all I could think of when readingTFA. He managed to cover one of the 6 bureaus that make up what the FCC does. Granted they do some stupid crap with all the censorship, but they do kinda help make sure telecommunications work around here.

    5. Re:Idiot. by Anonymous Coward · · Score: 1, Insightful
      Yeah, like suing people who dare to say one of seven different words on television? Like forcing everybody to stop broadcasting NTSC against their will? Like creating wiretap rules? Like attempting to control digital content distribution with the broadcast flag?

      I can't think of a single thing the FCC does which isn't made obsolete by the Internet. If everybody had fast wired and wireless Internet access using open protocols, there would be no further use for the FCC. IMHO everything the FCC does now should be focused on establishing fast wired and wireless Internet service for every American citizen. Anything they are doing that does not help achieve that goal will soon be useless and irrelevant. Anything they are doing that hinders that goal is actively harming the American public.

    6. Re:Idiot. by ckaminski · · Score: 1

      Yet they could let NBC broadcast Schindlers List in it's unedited entirety, sponsored by Ford, commercial free...

      Go figure.

    7. Re:Idiot. by msdschris · · Score: 1

      And you can watch scenes of "Indigenous Nudity" while violent tribesmen beat the living fuck out of each other with long sticks because that is "Science".

    8. Re:Idiot. by pete6677 · · Score: 1

      It won't happen unless someone else forces them. The real purpose of any government organization, before anything else, is to justify it's own existance and make a case for growing it bigger. The FCC would never do something to make itself less relevant unless forced by outside powers. It may not be in the public's best interest, but it is certainly in the interest of the bureaucrats pulling in big salaries for not doing very much work.

  3. The FCC will never be irrelevant... by Anonymous Coward · · Score: 2, Insightful

    ...as long as they can make tons of money divvying up the frequency spectrum. For example, they're drooling over the eventual switch from analog to digital TV. The amount of cash they'll make off the range of analog TV frequencies will be huge.

    1. Re:The FCC will never be irrelevant... by kd7wpc · · Score: 1, Insightful

      The FCC is a goverment agency. Therefore, they don't need to "make money" to survive. I think the stipulation is that they USE a lot of money in order to survive.

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    2. Re:The FCC will never be irrelevant... by ScentCone · · Score: 2, Interesting

      ...as long as they can make tons of money divvying up the frequency spectrum. For example, they're drooling over the eventual switch from analog to digital TV. The amount of cash they'll make off the range of analog TV frequencies will be huge.

      This is not insightful, even though it includes the magic slashdot keywords "they" and "make money."

      They FCC doesn't make money. They're a regulatory agency. They license the use of a finite natural resource, and enforce regs to make sure that someone feeling particularly "open" and "free" doesn't just crank up a huge transmitter and step all over everyone's use of the spectrum. For the heavy hitters, larger amounts of cash are involved in those licenses. For the rest of us, there's no licensing (or fee) involved.

      Where do you think the licensing fees go? Would you rather that a large commercial user of the spectrum pay no fees, and that the budget is just offset by higher taxes on everyone else (even those that are not using that spectrum-user's services)? I'd much rather see people and businesses that make use of (and a living from) a finite public resource pay their own way than see all of us pay for it, whether we use it or not. User fees should offset the costs of regulating/protecting things - just like at national parks. Someone who never sets foot in a national park does still have an interest in preserving them, but most of that cash flow should still come from the people that drive their RVs through them, or need rangers to run off the bear that has them up a tree.

      Likewise with spectrum. If I relied on a chunk of the airwaves to dispatch my fleet of taxis, I'd understand that there's a regulatory cost involved in keeping that assigned bit of spectrum set aside (and enforced).

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    3. Re:The FCC will never be irrelevant... by theLOUDroom · · Score: 1

      just like at national parks. Someone who never sets foot in a national park does still have an interest in preserving them, but most of that cash flow should still come from the people that drive their RVs through them, or need rangers to run off the bear that has them up a tree.

      I've always thought this was particularly fucked up.

      Why is it that poor people shouldn't be allowed into the park?
      Seems pretty regressive and fucked up to me, especially for something that is already subsidized by tax dollars.

      The whole "let's just charge the people who use it" concept willfully ignores the fact that charges affect who uses it in the first place. This is true for parks, the radio spectrum, roads, etc.

      Some people just don't have that much money, should these people be denied access to public services as a result? If so, then maybe these things aren't really that essential after all and the gov't shouldn't be providing them in the first place. Hey, the poor can do without it, why can't you?

      Sell the land. Let the "free market" decide what to do with Yellowstone. After all the people with the largest chunk of money to throw at it deserve the most access to it, right?

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    4. Re:The FCC will never be irrelevant... by ScentCone · · Score: 1

      Why is it that poor people shouldn't be allowed into the park?

      Who said that? The country is full of parks that do not charge for access. Millions and millions of acres of national wildnerness, ready and waiting for anybody who can transport themselves there. Of course, if you live right next to one, you can usually walk right in. You don't have to use the fancy parking lots, piped in plumbing, multi-media exhibits, and so on. But there are some high-profile parks that require a particularly heavy investment in maintenance and management. Are you suggesting that some "poor" (your word) person in, say, Louisiana, can't afford to offset the site maintenance with the usual few dollars at the door, but they can afford hundreds (or thousands) of dollars to travel there? Something doesn't ring true about your picture of things.

      Some people just don't have that much money, should these people be denied access to public services as a result?

      You mean like toll highways? If they don't want to pay, then no, they don't get to use it. Or maybe... Amtrak? Woops - have to buy a ticket. The postal service, perhaps? Nope, need a stamp. Park land is one thing. Park facilities, including multi-million-dollar ribbons of asphalt required to handle tour buses and large RVs are not something I would expect "poor" people to have to subsidize.

      Oh, wait. "Poor" people don't pay federal taxes anyway. In fact, they not only don't pay taxes, they get services and credits paid for by other people's taxes. You're making it sound like that poor, hand-to-mouth day laborer that has the funds to drive around the country to visit Yellowstone or Glacier National Park, has paid loads of taxes to keep up the facilities there. Not so, obviously. Doesn't mean that, say, the thousands and thousands of acres of, as an example, the George Washington National Forest shouldn't be free to walk right into... and it is free.

      so, then maybe these things aren't really that essential after all and the gov't shouldn't be providing them in the first place.

      No, I'd say that it is pretty important to set aside vast amounts of land as public property. But give the fact that the majority of the population has little or no interest in actually getting up from their Playstations and using those resources, it makes sense to pass some of the costs of maintaining the facilities located on some of that land to the people that actually choose to use it. You know - like when you decide to purchase a ticket for a show at the Kennedy Center For The Arts in DC... it's run by the Park Service, but part of the box office receipts go towards maintaining the facility.

      After all the people with the largest chunk of money to throw at it deserve the most access to it, right?

      No, the people that visit it every year, in fairly predictable numbers, should share the main chunk of the cost of providing them with things like restrooms, water, parking, and other amenities that only they are using. A few dollars per person is nothing compared to the cost of traveling there, but makes a giant difference in the Park Service's budget, and keeps those places more accessible, not less.

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  4. Until I get the Spark Gap Generator turned on. by Anonymous Coward · · Score: 5, Insightful

    The above comment shows an unfortunate lack of understanding if what the FCC does, and bandwidth allocation is only a small part of it. What would you do when someone builds a computer controlled spark gap (substitute in approbiate technological device), and proceeds to jam every frequency they can. Without enforcement, how is anyone going to be able to exchange meaninful content?

    1. Re:Until I get the Spark Gap Generator turned on. by Anonymous Coward · · Score: 0
    2. Re:Until I get the Spark Gap Generator turned on. by xTantrum · · Score: 1

      I'm pretty sure, computer makers on seeing how useless and error prone their hardware was, would form some sort of organization and standards would be adopted and implemented...etc. Think about it like how C was fragmented and ISO/ANSI stepped in. I'm fairly sure its about the bottom line and manfacturers would turn around quick if their product wasn't up to par. Not to mention how it would foster competition which is always food for the consumer. You don't need the FCC to tell you this.

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    3. Re:Until I get the Spark Gap Generator turned on. by Anonymous Coward · · Score: 0

      Does what you wrote have anything to do with what the poster you replied to wrote? I can't see any relationship between the two posts.

    4. Re:Until I get the Spark Gap Generator turned on. by NateTech · · Score: 4, Insightful

      And in the meantime, no one communicates.

      You see you're living in a world where if some code doesn't meet a standard, no one dies.

      Jam a Public Safety frequency with some moronic radio design that doesn't work correctly and then sit around waiting for Ambulances and Fire Departments while some industry standard for not doing stupid things is arranged?

      No thanks.

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      +++OK ATH
    5. Re:Until I get the Spark Gap Generator turned on. by badasscat · · Score: 4, Insightful

      Jam a Public Safety frequency with some moronic radio design that doesn't work correctly and then sit around waiting for Ambulances and Fire Departments while some industry standard for not doing stupid things is arranged?

      No thanks.


      Your example is totally appropriate, but let's take a step back and talk about something most Slashdotters should be able to easily understand.

      I unfortunately was too late to this topic to get my snarky comment on the parent article in, but it would have gone something like "The FCC's irrelevant? Tell that to my upstairs neighbor on his 2.4ghz phone while I'm trying to use my wireless internet!"

      If people think industries are just going to regulate themselves or that anyone's going to bother building devices smart enough not to trip over each other, they're just completely clueless. Manufacturers fail to do this now despite regulation - de-regulate things even further and we'd all be in for a world of hurt. Radio waves are a finite resource and if anyone was allowed to use whatever radio waves they wanted, it would literally be electronic anarchy and nobody would get anything done. Cell phones wouldn't work anywhere (because they could be legally jammed), wireless internet wouldn't work (because somebody else would be trying to use that spectrum), there'd be no digital OTA TV (because there'd be no impetus for it), and yes, there'd be chaos on the emergency radio bands.

      You'd have no more FM radio because everybody could set up a station anywhere they wanted, blasting out 50,000 watts. You'd get nothing but overlapping signals coming mostly from peoples' apartments. Now, FM radio is pretty much dead to me, but a lot of people still listen to it in their cars and also rely on it for emergency broadcasts. (Again, it all comes back to that.)

      There are two separate issues here. First, it's one thing to expect companies within the same industry to self-regulate - that's possible, and it happens with wi-fi and cellular stuff all the time. But it's not at all realistic to expect manufacturers to work together across all industries that create radio equipment. If you're a manufacturer of cell phones, is it even going to occur to you to work with a manufacturer of iPod radio tranceivers to make sure your stuff works together (let alone all of them, and every other manufacturer of such niche devices)? No.

      This is the FCC's job.

      Even if everybody did work together here, without any possibility of penalties you'd have less scrupulous companies overseas (or maybe even within our borders) creating devices specifically designed to overstep other manufacturers' devices. To "hack the network", so to speak. Why not? Without the FCC, who is going to create and enforce the rules that say not to? This is also the FCC's job.

      The second issue is that the FCC regulates not just corporations, but individuals. They're the reason why you can't set up a pirate radio station in your house. Do away with the FCC and you'd not just open up the airwaves to corporations but to every 17 year old moron with a credit card. I'd love to see what happens the first time you get one of these kids onto the La Guardia Tower ATC frequency. Yeah, that'll be loads of fun.

      I realize it's fashionable to bash the FCC around here because some of us apparently want to see Janet Jackson's ugly-ass ta-tas undisturbed, but it is an organization with a pretty important role.

    6. Re:Until I get the Spark Gap Generator turned on. by AB3A · · Score: 2, Insightful

      I agree. The fact that the FCC does its job poorly does not mean that this job doesn't need to be done.

      Ultimately, GNU radio is not a problem. If someone had developed a software driven car, would that make it legal to use it to trespass on someone's land because --hey, it's free speech software?

      Hams have been building radios since the dawn of radio itself (receivers AND transmitters). It's not hard to do. The fact that someone has figured out how to make a radio do what he wants it to through software is no argument for allowing it to radiate. It's a matter of cooperation. Just as you can't set up your lawn chair in the middle of a busy intersection and start hollering your political views while remaining unmolested; so it is that you can't expect to radiate a signal on 121.5 MHz without the Civil Air Patrol knocking on your door. Welcome to the limits of the first amendment's free speech clause.

      Let's get real: the radio spectrum is more akin to a BLM Forest than it is "public." The FCC, through the limits established in Part 15 of their regulations allows for other unlicensed uses within limits. This is a good thing. Daniel Fisher needs to acknowlege the concept of primary users of the spectrum and recognize that they DO have a right to conduct themselves there without a bunch of hippie idiots going pirate on them.

      --
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    7. Re:Until I get the Spark Gap Generator turned on. by Halvy · · Score: 0

      So please do tell us how the big bad Fcc is going to stop more than a coupla guys from using this 'sparc-gap' jammer?

      I'll tell you how, they can't, but they can just resign piecefully-- and stop contributing to the horrors that they and the rest of the one-world-government is attempting to pull off in front of our very eyes, with OUR money.

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    8. Re:Until I get the Spark Gap Generator turned on. by Anonymous Coward · · Score: 0

      NewzFlash: Slashdot's 'Moderation System' is NOT broke..
      But it is 'Set Up'


      Ooh look we made the troll cry.

    9. Re:Until I get the Spark Gap Generator turned on. by Guppy06 · · Score: 1

      "What would you do when someone builds a computer controlled spark gap (substitute in approbiate technological device), and proceeds to jam every frequency they can."

      Who would be affected?

      You might have had a case for bandwidth management being a federal concern 100 years ago when the audience was primarily interested in medium- to shortwave transmissions, but between television and FM radio all anybody today really cares about is the VHF and UHF bands. Your spark gap may piss of DXers nationwide, but the vast majority of pissed off people will be within a single metropolitan area.

      Throw the essentially point-to-point nature of cable and satellite providers, and there simply isn't a compelling national (let alone federal) interest any more, at least not above... say 50 MHz?

      What does the federal government do for the New York City market that an agreement hammered out by New York, New Jersey and Connecticut couldn't do better? Who outside those three states actually cares what gets broadcasted out of New York City?

    10. Re:Until I get the Spark Gap Generator turned on. by Anonymous Coward · · Score: 0

      Im shooting an ILS inbound god knows where and some jerk decides to share the ILS frequency with me - most democratic.

      Im flying a GPS based approach and the GPS is jammed / made unavailble by an experimentor below - most enterprising.

      My safety depends on international controls and co-operation. More trivially, my wireless phone, w-fi and tv-link at home depend on the Microwave being shielded. Standards are required and without some form of constraint I feel we would be in chaos / dead.

      That said, Im not happy that I have to pay for 'licences' to use what are free resources. Maybe I should reclassify RF licences as an admin fee.

  5. Another "Forbes" story? by Chmarr · · Score: 1, Insightful

    Perhaps we should just boycott Forbes until they get rid of Dan Lyons. Obviously, Forbes can't tell the difference between real journalism, and some sort of PR hack.

  6. Exactly where did Moglen say this? by Animats · · Score: 2, Interesting

    Do we have a cite for this? It sounds bogus. Moglen is smarter than that.

  7. Not quite there yet by Marxist+Hacker+42 · · Score: 2, Insightful

    I agree with the article somewhat- OSS and software-tuneable packet-based radios will eventually push wireless bandwidth to unimagineably high levels. It will also make the FCC obsolete because the software will essentially be doing the same job as the FCC- negotiating for free open bandwidth.

    But we ain't there yet- and given my history with used radios and TVs, and the current hassle over HDTV broadcast, I'd say we're at least 40, perhaps 50 years away from this becoming nationwide reality; and at least 100 years before it becomes worldwide reality.

    --
    SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    1. Re:Not quite there yet by ZachPruckowski · · Score: 3, Interesting

      But we ain't there yet- and given my history with used radios and TVs, and the current hassle over HDTV broadcast, I'd say we're at least 40, perhaps 50 years away from this becoming nationwide reality; and at least 100 years before it becomes worldwide reality.

      Do you really think so? I mean, when I bought my first computer 10 years ago, 56k was blazing fast. And wireless was unheard of (at least beyond 5 foot, PDA to PDA transmissions). Now Wireless is much more commonplace, and the bandwidth is rising rapidly. I doubt it'll take 50 years. Given the rate at which technology now moves, we could see enough bandwidth wirelessly all over major markets (read: big cities) within 15 years, and maybe 25 for it to go everywhere. Since the amount of bandwidth you need is roughly proportional to population, it's easier to cover rural areas adequately. With radio, signal strength needs to be based on terrain, since an area needs a certain amount of signal regardless of whether it is populated or not.

    2. Re:Not quite there yet by Marxist+Hacker+42 · · Score: 1

      Do you really think so? I mean, when I bought my first computer 10 years ago, 56k was blazing fast. And wireless was unheard of (at least beyond 5 foot, PDA to PDA transmissions). Now Wireless is much more commonplace, and the bandwidth is rising rapidly. I doubt it'll take 50 years. Given the rate at which technology now moves, we could see enough bandwidth wirelessly all over major markets (read: big cities) within 15 years, and maybe 25 for it to go everywhere. Since the amount of bandwidth you need is roughly proportional to population, it's easier to cover rural areas adequately. With radio, signal strength needs to be based on terrain, since an area needs a certain amount of signal regardless of whether it is populated or not.

      Yes, but to make the FCC obsolete you need a lot more than just technology movement and widespread adoption- you also need to have digital wireless broadband solutions to a point where they have ENTIRELY replaced the older analog technologies- otherwise you're going to get vocal minority users like Ham Radio operators still asking for protected analog bandwidth. To achieve that, you'll have to wait until all the current analog technology either outlives it's operating lifespan, or consumers simply give up on it. We've already got a similar movement in motion with HDTV- well defined since the 1980s, the movement to the new standard becomes enforced by the FCC next year- but how many homes have TV sets with ATSC tuners in them? Less than 75%? How many current TV viewers have at least one old set with only an NTSC tuner? I'd say most, perhaps 90%. No, you're not going to get wholesale replacement of the FCC's job very fast. Eventually, sure, everybody will have the joy I've found of The Core Media player, a large 2GB Hitachi CF drive, a Sandisk WiFi Card. and an Ipaq on the train- but I'm an early adopter. Perhaps my son's generation such tech will be widespread.

      --
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    3. Re:Not quite there yet by NateTech · · Score: 1

      You don't have to pick on Hams to make your point.

      Most Public Safety systems are still analog trunking or single-channel repeaters in everything but large cities, digital is just barely deployed and seriously working in large population areas.

      And even then, none of todays highest-end digital radio systems have ANY capability to be as frequency agile as the idiot at Forbes recommends.

      Hell, if he'd ever seen the amount of work that goes into tuning filters and techniques to keep Intermodulation interference (mixing) out of systems, etc...

      Try moving a 100,000 watt FM station around in frequency on whatever whim or algorhythm his proposed idiotic technology is going to use. As it wanders around the band (assuming that the end-users could even find the thing, since their receivers have to somehow know where it went), it'll be hammering anything within a few megahertz, just due to its output power.

      RF carriers are ANALOG no matter how they're modulated. They have skirts and no transmitter ONLY transmits on a perfect discreet frequency.

      Broadcasters and high power operations are segregated from low-power, weak-signal operations. Digital is segregated from analog modulation types because digital modulation forms typically throw pulsed "noise" into analog systems nearby (i.e. Nextel vs. Public Safety in 800 MHz band).

      All of which is done for very good, well-known reasons in RF Engineering.

      Let's just say that saying this guy is COMPLETELY clueless, doesn't even come close.

      Watching the typical modern computer geek who's never touched a soldering iron or worked on any serious electronic or RF system debate whether or not this moron's article is correct is even more funny, or sad -- depending on whether or not any of the Slashdot crowd call themselves "Engineers".

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    4. Re:Not quite there yet by ediron2 · · Score: 1

      Unimaginably high bandwidth? Really?

      Take an example out of this thread: 500k population, all snarfing voip and on-demand A/V for several hours per day... 500K times 100KBps, let's say.

      Does anyone know Shannon-Hartley well enough to see how large populations and high bandwidth numbers like these work out? If literally hundreds of thousands of devices are all running at a few gigahertz, even with promises of directional/positional streams via software defined radios, it seems the 'noise' they've generated raises the background threshold enough to degrade performance.

      (I can do the Shannon math, but I'm such a RF-newbie that I'd rather hear from a real expert).

    5. Re:Not quite there yet by shotfeel · · Score: 1

      It will also make the FCC obsolete because the software will essentially be doing the same job as the FCC- negotiating for free open bandwidth.

      But the problem that needs to be avoided is when not every device is "negotioating" in good faith. Part of TFA described the ability to download OSS that allows one to alter the base settings of communications devices. So if yoiu're not getting a good signal, you kick up your transmission power. That interferes with your neighbors, so one of them kicks up their transmission power (both now bleeding more into nearby channels). Pretty soon communications isn't a negotiation, its a war. That's what the FCC is supposed to prevent. I don't forsee that aspect changing.

    6. Re:Not quite there yet by Marxist+Hacker+42 · · Score: 1

      The type of software TFA is talking about isn't limited to Gigahertz radios- or even single transciever radios. Get too much interferance on one frequency? Hop to another- if you can tune everything from 10khz to 5.8Ghz, you're going to find a free frequency someplace, even if there are 15 billion transcievers on the planet. Especially given that most of the Ghz+ frequencies don't go very far- the last I saw for a wi-fi shootout max distance was still less than 200km. I don't forsee any shortage of bandwidth even if every single person on the planet had a wifi mesh implant that delivered full motion video direcly to the brain.

      But like I said- we ain't there yet. First, we don't have software radios that can tune that wide of a frequency. Second, we have obsolete users who deserve the protections offered by the FCC still. Third, we'd need to have every single one of those obsolete, analog users switch over before we're ready to declare the FCC obsolete. I don't see that happening anytime soon, do you?

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    7. Re:Not quite there yet by Marxist+Hacker+42 · · Score: 1

      Wouldn't it be more efficient to kick up the power for a single reneg packet, then drop power and frequency hop? I'd think that any device that follows your rules, while possible to build, wouldn't sell very well because it would not be very efficient in the situation of a very crowded chanel.

      Still, even if it becomes a "war" instead of a "negotiation"- using software the war can be acomplished in a few nanoseconds without ever notifying the end users. Very quickly, one of the devices in the war will hit the maximum power it can put out- at which point it has to buffer packets while renegotiating for a new frequency to hop to, or drop carrier because the noise is too loud for it to continue.

      Of course, the other option is to accept the degraded performance- and listen for silence before transmitting a packet of data.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    8. Re:Not quite there yet by westlake · · Score: 1
      Do you really think so? I mean, when I bought my first computer 10 years ago, 56k was blazing fast. And wireless was unheard of (at least beyond 5 foot, PDA to PDA transmissions). Now Wireless is much more commonplace, and the bandwidth is rising rapidly. I doubt it'll take 50 years.

      One striking image out of New Orleans was that of a man using an ordinary pay phone. Technology rooted in the 1880s, tough and resilient, but also a reminder of the divide between the rich and poor: Cell phones, Wi-Fi enabled laptops, VoIP, software-defined radios... "Freeplay" clockwork radios for emergency use cost $50-150. You need a middle class income or better to afford any of this stuff.

    9. Re:Not quite there yet by Marxist+Hacker+42 · · Score: 1

      Yep- there's a reason why we don't do .0001 Mhz tuning....on either receivers or transmitters. But I would point out that FRS shows that with software packet filtering, you can get a perfectly useable signal even if 32 people are sharing the same frequency. Increase the address space on your packets to something like IPV6 range- and you need a whole lot less bandwidth than you'd think.

      Having said that, you're completely right that I don't need to pick on Hams- there are plenty of other analog users still out there, and they'll still be around when I'm in the ground. Perhaps within my son's lifetime (he's 2 now) but NOT YET.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    10. Re:Not quite there yet by NateTech · · Score: 2, Insightful

      Analog has advantages. Big ones, in some cases.

      The biggest (by far) users of analog tech and bandwidth are broadcasters, and the biggest of those is TV. And the FCC's already asked them to move along... but the public isn't buying the technology yet, really.

      So when everyone sees the digital nirvana that you have (The question they're asking is: "Why would I need a perfect TV picture in a new format at 4-10x the price, I honestly don't know -- doesn't my TV work and do its job just fine right now?"), the broadcasters will be right there doing it.

      The FCC push is the only reason the industry is moving toward digital. Otherwise, it wouldn't be cost-effective in even the broadest sense of the term.

      I'm curious about this so-called "software packet filtering" you talk about on FRS. FRS is analog, and on a very small number of actual frequencies in the old UHF commerical 2-way band.

      FRS radios use subaudible tones (either continuous ones, called CTCSS -- or slowly changing ones in a set pattern called DCS) to keep your receiver from opening up on unwanted signals. But if one of those unwanted signals is stronger than your person you're intending to talk to, they're just jammed and you never knew it... because your radio's audio circuit didn't open up -- so you didn't hear anything.

      Your assertion that 32 people can share the frequency is dead wrong. It's analog "under the hood" and the manufacturers are pulling a quickie on people. Your "channel" on an FRS radio is actually shared by a whole bunch of people -- you just don't hear them. Try using FRS at a ski area sometime -- where people at the top of the mountain have line of sight coverage of the entire valley, even at the low power levels required by FRS.

      GMRS is more useful, but still sharing frequencies with FRS.

      Amateur (Ham) VHF/UHF handhelds for those willing to take a VERY simple test, with their 5w of RF output and a well-built repeater system built by those that know how to do it correctly (technically, GMRS can have repeaters also), offer clear solid communications vs. the complete mess that is FRS.

      --
      +++OK ATH
    11. Re:Not quite there yet by Marxist+Hacker+42 · · Score: 1

      I must have been mistaken. I thought the entire point of FRS was to make channels that were based on digital packet switched radio- and that each of the so called "subchannels" was a packet address, with enough bandwidth to support up to 32 packets at 22khz. I must have been thinking about GMRS? Or maybe something completely different? Digital to me means packet switching. Kind of like an thinnet over the airwaves...

      At any rate, thanks for the clarification, since I was obviously completely wrong.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    12. Re:Not quite there yet by Nate+B. · · Score: 1
      So when everyone sees the digital nirvana that you have (The question they're asking is: "Why would I need a perfect TV picture in a new format at 4-10x the price, I honestly don't know -- doesn't my TV work and do its job just fine right now?"), the broadcasters will be right there doing it.

      The FCC push is the only reason the industry is moving toward digital. Otherwise, it wouldn't be cost-effective in even the broadest sense of the term.


      I have a perfectly usable Zenith 25" color TV I bought in 1993. "Too old", you say? Nonsense! Connected to my DirecTV receiver that is circa '96 I have a wonderful picture. I've wandered through the displays in the electronics stores and have not seen one of the "new" digital sets that I would trade my present setup for. Since I only watch DirecTV not having a 16:9 capable set doesn't bother me.

      I think there will be a lot of upset folks when their favorite local station's analog transmitter goes dark. I think it would be hilarious if within a month after the shutdown date the FCC is forced by Congress (itself under intense public pressure) to allow broadcasters to turn the analogs back on.

      I'm probably a heretic in here for saying this, but HDTV is really a government boondoggle of a solution looking for a non-existant problem. Despite all the advertising over the past five years or so for HD sets, the public response has been tepid at best. As long as my set does the job I'm not going to toss it.
      --

      "Insanity is doing the same thing over again expecting a different result."
    13. Re:Not quite there yet by NateTech · · Score: 1

      Yeah, I was definitely being sarcastic about the "digital nirvana" part.

      Analog TV works fine. And economics teaches us that the "works most of the time just fine" solution that is cheaper than the perfect solution always wins.

      --
      +++OK ATH
    14. Re:Not quite there yet by Anonymous Coward · · Score: 0

      GMRS is just a better version of FRS. Both are basic analog with tone squelching.

    15. Re:Not quite there yet by ediron2 · · Score: 1

      I mentioned ghz because everything that happens from 10ghz downward is going to contribute to the background. An example is the impact of using 802.11b channel 2: it damages (or even kills) the achievable data rate for channel 1 users: for high-bandwidth, adjacent signals mean both users suffer.

      Meanwhile, freqencies down to the 10's of khz can't carry data rates that are remotely a/v grade, the few-ghz limitation isn't distance but line-of-sight, you're dismissive of several *useful* aspects of analog, you mistakenly imply the FCC is somehow only needed for analog signal mgmt, and I can't tell if you mean STR or SDR's in your remarks on software radios.

      Sorry, but my impression is that you're no more of an expert than I am. Your claim of sufficient bandwidth for 6-billion video feeds is unsubstantiated, and that was specifically what I was trying to get an expert to run numbers on: My question was if it was valid to compute some sort of full-spectrum Shannon capacity and how that'd compare with data-carrying needs in dense populations.

  8. No. by the_skywise · · Score: 2, Insightful

    What do you think all your internet connections are running on? Wireless radio spectrums and cable lines.

    1. Re:No. by Rob+the+Bold · · Score: 1
      What do you think all your internet connections are running on? Wireless radio spectrums and cable lines.
      I don't quite follow you. Do you mean to say we need the FCC to regulate the use of the wireless spectrum, to ensure that equipment that can play fair really does play fair? Or do you mean we need the FCC to regulate the cable TV, telephone, electric utility companies, etc., that run cables to your home/business? Or both?
      --
      I am not a crackpot.
    2. Re:No. by the_skywise · · Score: 1

      Both. Even though there are many logical connections and voip going on over the internet in a virtual world manner, it still all communicates in physical reality. Either through cable companies, phone companies, local wireless routers (on their way to the cable and phone companies) or through some wireless service (like a cable company/phone company) and all of that has to be moderated (heh) to make sure that equipment AND companies play fair.

      The better question to ask is whether or not the FCC needs to be regulating virtual communications. (like VOIP) The answer to that is probably yes. Not because I'm all for government intrusion. But the first time a Vonage competitor cuts a better deal for exclusive access to physical phone line routing, the loser will scream like a baby for restitution and fairplay and the government will step in.

  9. No by Sycraft-fu · · Score: 5, Insightful

    Because if people can do whatever they want, some will be assholes. It is much easier to get high bandwidth long range transmission by using a lot of power and a wide frequency band than it is to do it with low power and creative encoding, so people will do just that. We need regulation to ensure that everyone plays nice. Perhaps not how it is now, but an unregulated spectrum wouldn't work out well and, as always, it'd be the little guy getting the biggest shaft.

    1. Re:No by null+etc. · · Score: 1

      Yeah, can you imagine what spammers would do if they wouldn't have to contend with the FCC?

    2. Re:No by RexRhino · · Score: 3, Interesting

      You need the FCC to assign certain bandwidths to certain types and standards of communication, but you no longer need the FCC to assign a specific bandwidth to a specific station, thereby limiting stations.

      It would be totally possible to have some sort of digital packet broadcast system where stations need a specific frequency band, that would allow tens of thousands of radio stations in an area instead of 5 or 10. The primary purpose of the FCC regulation of radio nowadays is to maintain a limited amount of radio stations, thereby sustaining the profit model of radio. (After all, price is set by supply and demand. If you increase the supply of radio broadcasts, but the demand for radio broadcasts stays the same, the cost of advertising on radio will go down!)

    3. Re:No by interiot · · Score: 2, Insightful
      Because if people can do whatever they want, some will be assholes.

      The FCC can perform the anti-asshole role without being nearly so overbearing.

      Cops patrol the streets and make sure nobody is beating anyone up or shooting anyone. Cops are able to do this without dictating exactly where everyone is allowed to walk. There's no reason the FCC can't do this too.

    4. Re:No by JordanL · · Score: 1

      He also said some very.. odd things about OSS..

      Because open-source software is so easy to modify and use

      Yeah... that's why I've spent the last four days at my work simply documenting the include tree of Cacti so that I could write a script that can authenticate and crawl to grab an image.

      OSS currently is absolutely hell to integrate, and the only thing that makes it easy to modify is that the source is free.

      ...

      Sorry, my job has just been hell with this particular piece of OSS.

    5. Re:No by jbridge21 · · Score: 1

      The primary purpose of the FCC regulation of commercial broadcast radio bands nowadays is to maintain a limited amount of radio stations

      fixed

      remember, there's a lot more spectrum the FCC regulates than just that.

    6. Re:No by JPriest · · Score: 1
      "you no longer need the FCC to assign a specific bandwidth to a specific station, thereby limiting stations"

      They have to do more than say, well you are FM, use something between 88 & 108 MHz. What stops me from basicially just "podcasting" over top the largest radio stations in my area by using a higher xmit power? The idea that Open Source Software would replace the FCC is every bit as retarded as saying that Linux will become the new governing body of the united states. What a very stupid idea.

      --
      Saying Java is nice because it works on all OS's is like saying that anal sex is nice because it works on all genders.
    7. Re:No by Anonymous Coward · · Score: 0
      Pure bullshit. Ten's of thousands in the same bandwidth as 5 or 10? At what quality? Digital broadcasting is struggling hard to fit one IBOC station in an FM's alloted bandwidth with acceptable quality. NPR just concluded a scientific (cough...cough) study which they feel demonstrates 48 kbs is sufficient for high quality radio broadcasts. How many of you enjoy 48 kbs mp3's? According to an engineer in the field, that's less bandwidth than VOIP.

      The primary purpose of broadcast regulation is to protect and manage a limited public resource. Just because the FCC's purpose has been subverted by market policies missaplied in the social sphere and crooked politics doesn't negate the concept. Moglen might be a good lawyer but he's lost sight of his specializations and limits. He's an idiot as an engineer.

    8. Re:No by jacksonj04 · · Score: 2, Insightful

      No, but the people have places to be so that they don't end up causing chaos.

      Someone dictates that people walk along a pavement, and vehicles move on the correct side of the road. Removing this dictation is likely to end up with 18 wheelers hitting each other at 55mph. In countries with a sane speed limit, like the UK, this means 18 wheelers hitting each other at 70mph.

      It's not just common sense, it's regulated for a reason. Radio spectrum is regulated for a similar reason - so that radio stations don't clash. It's bad enough driving across the states and trying to keep one station as it is, imagine how bad it would be with 20+ competing stations on the same frequency within one city.

      --
      How many people can read hex if only you and dead people can read hex?
    9. Re:No by stanmann · · Score: 1
      Cops are able to do this without dictating exactly where everyone is allowed to walk.
      So those sidewalks and white stripes I've seen in every city I've ever been in are just decoration?
      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    10. Re:No by RexRhino · · Score: 1

      I agree... it was an error of ommission on my part.

      The point is, the FCC regulating the bandwidth so it is free for everyone to use is one thing, the FCC giving people a legal monopoly on bandwidth is another thing.

      No one cares that the FCC says "this is the citizens band", or "this band is for cell phones". But the regulation of the FM and AM bands how they do now is simply corporate welfare.

    11. Re:No by mOdQuArK! · · Score: 1
      OSS currently is absolutely hell to integrate, and the only thing that makes it easy to modify is that the source is free.

      Integrating _any_ system can be hell, whether proprietary or OSS. Guess which approach leaves you SOL (without spending wads of cash) if you run into a roadblock.

    12. Re:No by NateTech · · Score: 2, Funny

      Walk down the center line of an Interstate and see if the cops don't bother you.

      Your analogy is seriously screwed.

      --
      +++OK ATH
    13. Re:No by kesuki · · Score: 2, Insightful

      the problem with this idea, is that it 'solves' the 'bandwith' issue by simply using lower power, shorter range broadcasts, and having more and more transmitters, but there is a fundamental problem with that model, the nearby 'nodes' will create interfearance zones full of ghosts and shadow transmissions and the furthter you are from a geographic center of a broadcast node the worse your service would be. i mean yeah in theory by having the transmission range reduces you exponentially increase the amount of data one can transmit, but it can create it's own problems and issues too, which is why the fcc regulates broadcasts.

    14. Re:No by Anonymous Coward · · Score: 0

      Won't help to make a big dumb transmitter if everybody's listening on smart receivers. Which they will, if the dumb receivers are picking up interference all the time.

    15. Re:No by TGK · · Score: 1

      I can assure you that you won't get any problems from the cops if you do this.

      Now you'll have some very short lived arguments with some of America's larger trucking companies... but you probably won't feel a thing.

      --
      Killfile(TGK)
      No trees were killed in the creation of this post. However, many electrons were inconvenienced.
    16. Re:No by NateTech · · Score: 1

      But the point still stands. There are places that you can walk and places that you can't.

      The bigger the transportation medium the more infrastructure it needs, and the more rules it naturally has to follow, just by sheer size.

      Same thing with RF spectrum, and the FCC understands how to manage it. This moron from Forbes with a PC and a dream is woefully out of touch (and the resulting slashdot commenters also salivating about it).

      --
      +++OK ATH
  10. Uh... no. by dgatwood · · Score: 5, Insightful

    While better encodings might make it possible for multiple signals to exist without interference, that doesn't mean thatthe FCC isn't necessary. The day that we see megabroadcasters fire up a gigawatt transmiter that plasters a broadband range with religious TV broadcasting across the entire country, you'll understand the problem. Not everything can practically switch to frequency hopping. In particular, anything based on broadcast concepts cannot do so because otherwise clients can't reasonably locate it.

    Moreover, even frequency hopping requires a fixed frequency starting point in at least one direction in order to get communication started in the first place. At the very least, the FCC is necessary in order to prevent those frequencies from getting trampled upon.

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

    1. Re:Uh... no. by Telvin_3d · · Score: 1
      The day that we see megabroadcasters fire up a gigawatt transmiter that plasters a broadband range with religious TV broadcasting across the entire country, you'll understand the problem.
      I think it is interesting that you assume that the first abuse is going to be by religious groups. Personally, I think whichever large company can scare up the hardware first would be the culprit. After all, you can charge a whole lot more for advertising if you are drowning out the competition. Not to say that the religious groups wouldn't get in on the act along with everyone else, but money talks first.
    2. Re:Uh... no. by NateTech · · Score: 1

      What do you think religious programming is? It's advertising, 24/7.

      --
      +++OK ATH
    3. Re:Uh... no. by dougmc · · Score: 1
      I think it is interesting that you assume that the first abuse is going to be by religious group
      I saw no such assumption. All I saw was an example ...

      In any event, the FCC isn't going away any time soon. Sure, spread spectrum can make some aspects of the FCC's purpose irrelevant, but 1) not all, 2) there's a huge installed base of hardware that doesn't use spread spectrum (and much of that cannot use spread spectrum at all) and 3) the people who own and control that huge installed base of hardware have lots of money involved, and will not give up their allocated spectrum without a serious fight.

      That, and I don't really see what OSS has to do with any of this, even after reading the article.

      In any event, the FCC is very much in power now, and will be for quite some time, in spite of what Moglen may want. If you want to broadcast with your unlicensed spread spectrum radio, you're limited to some small bits of spectrum, where's there's already lots of other transmitters to contend with, and your output power is seriously limited. (Hams get more spectrum to work with, more power and some more flexibility, but they also have a lot more restrictions.) If you start broadcasting outside that spectrum and interfering with other spectrum users, the FCC will come down on your -- hard. They don't do much investigation on their own anymore, but the radio stations or police departments or hams or whoever you're interfering with will do their own investigation, forward the data to the FCC, and the FCC will act.

      de AD5RH

    4. Re:Uh... no. by shotfeel · · Score: 1

      The day that we see megabroadcasters fire up a gigawatt transmiter that plasters a broadband range with religious TV broadcasting across the entire country,

      I'd be more worried about never hearing anything but Top 10 music (with the Top 10 carefully selected by the RIAA) for the rest of my life.

    5. Re:Uh... no. by tepples · · Score: 1

      If you want to broadcast with your unlicensed spread spectrum radio, you're limited to some small bits of spectrum, where's there's already lots of other transmitters to contend with, and your output power is seriously limited.

      How, in practice, can the general public work to get these limitations eased?

    6. Re:Uh... no. by dougmc · · Score: 1
      How, in practice, can the general public work to get these limitations eased?
      Lobby the government, mostly. I guess it might also be possible for a non-profit organization to raise lots of money and attempt to buy some big chunks of spectrum at one of the FCC's auctions, but it would require some serious cash, and I'll bet even then it's not htat esay.

      Though to be fair, the restrictions are sort of important. Yes, I'd like to see a lot more spectrum allocated to unlicensed uses -- not just the tiny slivers that are now -- but having pretty serious power limitations is probably a good thing, since people generally don't care who they're interfering with -- all they care about is that their WiFi network or their cordless phone or CB radio works. (But conversely, if somebody else interferes with them, look out!)

      In theory spread spectrum generally ignores interference, but that's only in theory -- in practice, it's relatively simple to knock out the entire WiFi band in an area, for example. Accidently or intentionally.

      For an individual who's looking to experiment, getting a technician class amateur radio license is relatively simple, and that gets you access to several chunks of bandwidth that you can use, often with up to 1500 watts of power. But if you go under the ham rules, there are signifigant restrictions -- you must ID yourself every 10 minutes, no encryption, no pecuniary (financial) interest, etc. It's cool for a hobbyist, but it's not really right for everybody.

  11. yeah... by Anonymous Coward · · Score: 1, Funny

    OSS also makes banks, rainy days, and the patriarchy irrelevant!

    1. Re:yeah... by AvantLegion · · Score: 1

      It makes sex irrelevant too, but not by choice.

  12. Absolutely! by Rorschach1 · · Score: 1, Funny

    It's just like how communism has made government irrelevant in the workers' pardises of Cuba and North Korea!

    1. Re:Absolutely! by ONOIML8 · · Score: 1

      Well it worked well for the USSR. Their govt is totally irrelevant now.

      --
      . Quit playing Monopoly with Bill. Switch to one of many non-Microsoft products today.
  13. I dont find it aprobriate or meaninful by Anonymous Coward · · Score: 0

    Spark Gap Generators are not fun

  14. Comment removed by account_deleted · · Score: 3, Funny

    Comment removed based on user account deletion

  15. Government Agencies by null+etc. · · Score: 0, Troll
    No government agency is obsolete, so long as it has a power base to preserve and expand.

    Or, that's the way that it currently is. Never has government been ideal.

  16. The answer is.....NO! by slashname3 · · Score: 2, Interesting

    The FCC is still needed. There is still a finite set of bandwidth available. Technology may allow more and more things to utilize that bandwidth but there are limits. And if it is unregulated then the most powerful transmitter wins will be the way it works. This would result in areas where lower power devices would not be able to operate because someone is splattering the spectrum those devices use with their own noise.

    Actually it might not be bad if you could walk/drive around with a cell phone jammer. Or even better a high frequency Ham radio that can cause that rolling speaker that pulled up next to you some serious interference directly into the speakers. :)

    Just need enough power to permanetly damage his speakers with one ear shattering squelch!

    1. Re:The answer is.....NO! by Anonymous Coward · · Score: 0

      There is a finite amount of everything. Does this mean we should create new agencies of ties and shoes?

      Before the FCC was created courts were handling collision issues dealing with airwaves. They used the same principal as all other forms of property. The first to use was the first to obtain. It was working fine, then the FCC comes with its cumbersome rules and regulations which force out smaller radio/television stations. And now here we are with an almost monopoly state because of the FCC

    2. Re:The answer is.....NO! by Anonymous Coward · · Score: 0

      The FCC is still needed. There is still a finite set of bandwidth available.

      No, property rights are needed, but the FCC was never needed. Rothbard explains in this article how a private system would work:

      "Another common objection to private property in the broadcast media is that private stations would interfere with each other's broadcasts, and that such widespread interference would virtually prevent any programs from being heard or seen. But this is as absurd an argument for nationalizing the airwaves as claiming that since people can drive their cars over other people's land this means that all cars-or land- must be nationalized. The problem, in either case, is for the courts to demarcate property titles carefully enough so that any invasion of another's property will be clear-cut and subject to prosecution. In the case of land titles, this process is clear enough. But the point is that the courts can apply a similar process of staking out property rights in other areas-whether it be in airwaves, in water, or in oil pools. In the case of airwaves, the task is to find the technological unit-i.e., the place of transmission, the distance of the wave, and the technological width of a clear channel-and then to allocate property rights to this particular technological unit. If radio station WXYZ, for example, is assigned a property right in broadcasting on 1500 kilocycles, plus or minus a certain width of kilocycles, for 200 miles around Detroit, then any station which subsequently beams a program into the Detroit area on this wavelength would be subject to prosecution for interference with property rights. If the courts pursue their task of demarking and defending property rights, then there is no more reason to expect continual invasions of such rights in this area than anywhere else."

      "Most people believe that this is precisely the reason the airwaves were nationalized; that before the Radio Act of 1927, stations interfered with each other's signals and chaos ensued, and the federal government was finally forced to step in to bring order and make a radio industry feasible at last. But this is historical legend, not fact. The actual history is precisely the opposite. For when interference on the same channel began to occur, the injured party took the airwave aggressors into court, and the courts were beginning to bring order out of the chaos by very successfully applying the common law theory of property rights-in very many ways similar to the libertarian theory-to this new technological area. In short, the courts were beginning to assign property rights in the airwaves to their "homesteading" users. It was after the federal government saw the likelihood of this new extension of private property that it rushed in to nationalize the airwaves, using alleged chaos as the excuse."

    3. Re:The answer is.....NO! by slashname3 · · Score: 1

      So it should have been left to the courts to decide who got to use which frequencies? Would have made a lot of lawyers happy since they would be the ones to win in such a case. The little broadcaster that did not have deep pockets would be displaced by the big broadcaster that had more money and better lawyers. And if in the early days I wanted to stake a claim to a particular sprectrum would it have been enough to put up a beacon to demonstrate that I owned it? And If I wanted to put someone out of business so I could claim jump their sprectrum would it have been sufficient to jam them and drag out the court case so to exhaust their money while denying them use of the spectrum to make money? Letting a lot of lawyers get rich making deals on the side to decide who gets to use the spectrum is IMHO a bad way to go.

    4. Re:The answer is.....NO! by Anonymous Coward · · Score: 0

      So it should have been left to the courts to decide who got to use which frequencies?

      No, it should have been left to the courts to decide what constitutes the homesteading of private property and what constitutes invasion of private property.

      For instance, suppose a farmer starts growing some crops and builds a fence around his property. However, a big company later decides they would like to use that same property, so they attempt to "jam" the farmer by burning his crops and "dragging out" the court case to exhaust the farmer's money while denying the farmer use to his land. I don't care how deep the company's pockets are; the court will clearly rule in the farmer's favor. When that happens, would you stand up in the court room and shout, "So now the court is deciding who gets to use what land?" If not, then why is that your reaction different when we are talking about use of the spectrum rather than use of land?

      And if in the early days I wanted to stake a claim to a particular sprectrum would it have been enough to put up a beacon to demonstrate that I owned it?

      It's up to the courts to decide what constitutes homesteading. If you go take a dump on a piece of land, is that enough to demonstrate that you own it? Well, I could take you to court over it, and I'm pretty sure you would lose, no matter how deep your pockets are.

    5. Re:The answer is.....NO! by slashname3 · · Score: 1

      Have you been in a court room lately? The courts and our legal system are not there to determine what the facts are or to dispense justice. The courts are a place where two opposing lawyers tell stories that may or may not be loosely related to any purported facts in the case in an attempt to convince a jury to vote for them. That is assuming it even gets to a jury. Most of the time the lawyers get together and make a deal out side of the court room and settle the case. The lawyers end up the only winners in the deal since they get paid regardless of the out come. And those with deep pockets make sure most cases never get to a jury so they can buy a single judge. Much more efficient use of money that way.

      The analogy of land compared to spectrum is not really that good. Its kind of like saying I own the air over that piece of property there. If you breath it you owe me money. If you want to use that analogy the why not say I own the air and the spectrum over my property. You are broadcasting through my property there for either stop it or pay me.

    6. Re:The answer is.....NO! by Anonymous Coward · · Score: 0

      The courts and our legal system are not there to determine what the facts are or to dispense justice.

      You list a bunch of problems you see with the court system, but instead of trying to come up with ways to fix these problems, your solution is to use a government agency in place of a court room whenever possible? The same logic could be used to argue that, instead of allowing courts to decide land rights, a government agency should dictate what land is owned by whom. That, my friend, is a very dangerous path to follow. In any society, matters of justice must be decided, and we depend on our court system to do that. Giving the State authority over certain types of property because you do not trust the court system, is simply running away from the real problem.

      Its kind of like saying I own the air over that piece of property there. If you breath it you owe me money. If you want to use that analogy the why not say I own the air and the spectrum over my property. You are broadcasting through my property there for either stop it or pay me.

      As far as owning air, it is in unlimited abundance and therefore should not be owned. Rothbard explains it well in Man, Economy, and State:

      "In the first place, all means are scarce, i.e., limited with respect to the ends that they could possibly serve. If the means are in unlimited abundance, then they need not serve as the object of attention of any human action. For example, air in most situations is in unlimited abundance. It is therefore not a means and is not employed as a means to the fulfillment of ends. It need not be allocated, as [land] is, to the satisfaction of the more important ends, since it is sufficiently abundant for all human requirements. Air, then, though indispensable, is not a means, but a general condition of human action and human welfare."

      Now, as far as the spectrum, the question is, do you own it? You certainly own land if you have, for instance, homesteaded it by building a house on it. But have you homesteaded any part of the spectrum? That is, have you broadcasted anything? If not, how can you have any claim of ownership?

      Also, the fact that we only use geographical regions when allocating land rights, does not mean the spectrum should be divided up in the same way. As Rothbard explained in the quote from my initial post, "the task is to find the technological unit-i.e., the place of transmission, the distance of the wave, and the technological width of a clear channel-and then to allocate property rights to this particular technological unit." The reason the spectrum can and should be owned is because it is a means; a scarce element of the environment that can be altered to arrive at a human's ends.

    7. Re:The answer is.....NO! by SonicSpike · · Score: 1

      As a ham radio operator and an audio engineer (I do sound at major concerts and engineer recordings), this is not likely for several reasons:

      1) People with large sound systems in their vehicle usually listen to their own media, not broadcast radio.

      2) More than likley, the cabling for the system is shielded from RF interference. Although most are probably not perfect, but good enough to resist what you are suggesting.

      3) Most (decent) amplifiers have a clip/surge/peak/spike circuitry design to prevent this very thing. If you listen to broadcast radio and are standing 2 miles from the tower it isn't really "louder" than 10 miles from the tower. Even as you move in and out of the signal pattern and static pops, you don't really blow your speakers or your electronics - they are designed to protect against this.

      Now, an EMP would do the trick ;-)

      And finally, yes I realize you were making a joke but hey, it's 02:50am and I ain't got nothing else better to do than make this post.

      --
      Libertas in infinitum
  17. Moglen knows beans on this topic by puzzled · · Score: 4, Interesting


      If we were a nation of boy scouts that might work, but experience in wireless band usage in the unlicensed ranges indicates this is not the case :-)

      Unlicensed wireless spectrum in Omaha, Nebraska, population 500k, is managed by a mixture of microwave design and troubleshooting, back stabbing, jamming with amateur gear, intrusions into ISP's networks, 'uncoordinated' adjustments of competitor's antennas and radios in shared facilities, lawsuits, character assassination, 'testing' of heavily amplified frequency hopping products, and occasional play on the part of aircrews on RC-135 Rivet Joints flying out of Offutt AFB.

      Never in a million billion zillion years would the licensed band network operators here tolerate that sort of conduct. Eben needs to stick to software licenses and leave radio physics alone ...

    --
    I am very easy to get along with, but I don't have time to waste being nice to people who are being stupid. -Theo
    1. Re:Moglen knows beans on this topic by cats-paw · · Score: 4, Insightful

      He may not know beans but he does have a point.

      You are confusing regulation with enforcement. People using illegal transmitters should be prosecuted as they are not allowed to do that.

      Moglen's point is that the FCC is currently in charge of allocation and that's the problem. Because the FCC is a government entity, spectrum control is, in fact, going to be driven by those with the most cash, and not for public benefit. Opening up spectrum to general use and placing very clear rules on transmitter power in a meaningful way, i.e. limits on antenna gain and spectral density , pretty much solves the problem.

      Opening up the spectrum and then ENFORCING the rules is what should happen. The current spectral micromanagement by the FCC is in fact a bad thing.

      Then there is the fact that they are not trying to enforce things like the broadcast flag which affect your RECEPTION of the airwaves. The fact that it is illegal to receive satellite broadcasts without "approved" hardware is insane, and yet it is currently the law.

      We all share the roads, but that doesn't mean you get to do whatever you want.
      It should be the same with spectrum.

      --
      Absolute statements are never true
    2. Re:Moglen knows beans on this topic by Dunarie · · Score: 1

      There is plenty of spectrum that's practicly open to the public, all that's needed is an Amateur Radio license. The test isn't that hard if a 12 year old, or even younger can pass it. The morse code portion of the test for General and Extra classes (that allow HF bans where you can talk worldwide) are also within a year or two of being dropped.

      You can do practicly anything, including video and several digital modes on the HAM bands, most of the restrictions only being there to reduce interferance, etc. You also have to follow 'indecency' rules. I might add, Tech class HAMs have license rights on the WiFi freq's, as such you can build custom wireless routers (there might even be some for sale), and transmit with a LOT more power.

    3. Re:Moglen knows beans on this topic by NateTech · · Score: 1

      You are confusing regulation with enforcement. People using illegal transmitters should be prosecuted as they are not allowed to do that. So what's an illegal transmitter if there are no regulations? That's the dumbest comment I've read in this thing so far... In order to set transmitter standards, one must know their purpose, their emission type, their expected use, the needed coverage (power), and a lot of things the FCC *does* today. If you take away the regulations, you automatically take away the ability to enforce. Isn't that obvious?!

      --
      +++OK ATH
  18. Simple Answer: No by TheFlyingGoat · · Score: 5, Insightful

    The FCC does far more than just regulate the airwaves. They also regulate satellite TV, cable companies, cell phone companies, and phone companies. They also provide the National Do-Not-Call list, and regulate telemarketers. They regulate and monitor 911 services. They fine the phone companies when there are major outages, making sure the phone companies do a decent job even though they have a near monopoly in their geographic areas.

    If you can show me open source software, or closed source software for that matter, that can do ALL of the above, then I'll agree. Perhaps the FCC just needs to be reduced in size and scope, just like every other government organization.

    --
    You have enemies? Good. That means you've stood up for something, sometime in your life. --Winston Churchill
    1. Re:Simple Answer: No by Anonymous Coward · · Score: 0

      "They also provide the National Do-Not-Call list, and regulate telemarketers."

      Bzzzt! Wrong, the FTC performs those functions.

    2. Re:Simple Answer: No by xTantrum · · Score: 1
      They also provide the National Do-Not-Call list, and regulate telemarketers.
      I'm sure you were serious but right now i'm ROFLMAO!!!
      --
      $action = empty(PHP) ? backToC() : unset(PHP) ; "when the concrete cases are understood, the abstractions are readily
    3. Re:Simple Answer: No by TheFlyingGoat · · Score: 1

      http://www.fcc.gov/cgb/donotcall/

      I should have been more clear.

      --
      You have enemies? Good. That means you've stood up for something, sometime in your life. --Winston Churchill
    4. Re:Simple Answer: No by thebdj · · Score: 1

      Actually on the DNC list you are both half right...it is a joint cooperation of the FTC and the FCC. Please at least check your facts before posting like a know-it-all AC to protect your damn Karma.

      --
      "Some days you just can't get rid of a bomb."
    5. Re:Simple Answer: No by mboverload · · Score: 1

      Since when do they regulate cable? I'm pretty sure I can watch boobies iwthout restriction.

    6. Re:Simple Answer: No by TheFlyingGoat · · Score: 1

      Really? Since when can Playboy or Spice be included with a standard cable package?

      --
      You have enemies? Good. That means you've stood up for something, sometime in your life. --Winston Churchill
    7. Re:Simple Answer: No by mboverload · · Score: 1

      Who says they can't?

  19. Seems like a fair question... by PR_Alistair · · Score: 0

    ...ooooh short answer yes with an if, long answer no with a but...

  20. Ethics by Skadet · · Score: 2, Insightful

    But a new generation of intelligent radios, combined with equally clever computer networks, is making it possible for anybody to use the airwaves without interfering with anybody else.

    Yeah, that's possible. It's also possible that I want to set up a huge-ass transmitter and saturate the neighborhood with radio waves. The type of thinking that's expressed in the summary assumes that everybody -- not "most people", but everybody -- will act ethically, at least in a utilitarian or "common good" sense. I say 'everybody' because (as many of us know) it only takes on rogue transmitter to pooch things up real good.

    Don't get me wrong, a world in which everybody works together without regulation would be nice, but it's a fundamental problem of ethics.

  21. The FCC has always been irrelevant by IAmMaxHarris · · Score: 0

    The FCC has never been anything but a drag on freedom, economic prosperity and technical innovation.

    Without the FCC, companies would have created new technologies earlier to deal with the technical problems of a free-for-all airspace. There would have been less interference in corporate affairs (providing greater economic prosperity), and far greater freedom (no decency laws limiting speech).

    Look around at other government agencies (other than the core responsibilities in millitary, judicial and police functions), and you'll see much the same story.

  22. keep dreaming... by Smarty2120 · · Score: 4, Insightful

    "a new generation of intelligent radios, combined with equally clever computer networks, is making it possible for anybody to use the airwaves without interfering with anybody else" You're kidding, right? Look at what a mess the 2.4ghz band is. Every cordless phone and nonstandard wireless protocol device (wireless TV repeater from radio shack, etc.) uses it along with 802.11. I run into interference conflicts frequently enough that I still keep my networks wired whenever possible unless it's a laptop. Letting people blast away at 200mw is bad enough, imagine the mess that'll ensue if you do that with higher power transmitters.

    1. Re:keep dreaming... by Ironsides · · Score: 2, Funny

      Letting people blast away at 200mw is bad enough, imagine the mess that'll ensue if you do that with higher power transmitters.

      High Power Transmitters. adj.
      1) Enough RF to cook your eyeballs while they are still inside your head.
      2) Enough RF to make you smell like a cooked thanksgiving turkey.

      Synonyms: Multi-Megawatt Transmitters. Gigawatt Transmitters.

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    2. Re:keep dreaming... by letdinosaursdie · · Score: 1

      The problem is that every use by the people is crammed into a narrow window of crap spectrum. If frequencies currently licensed exclusively and wastefully for broadcast could instead be shared, this wouldn't be as big a problem. Not allocating spectrum to media corporations over the citizenry does not mean total chaos.

  23. Repeat after me: bandwidth is a scarce resource by Dr.+Zowie · · Score: 5, Insightful

    There is only so much bandwidth in the radio spectrum. In signal theory, the bandwidth of an analog channel is pretty well defined: it's log(S/N)(fmax). That is to say, it's the logarithm of the signal-to-noise ratio, multiplied by the maximum number of samples per second you can send. The S/N logarithm determines how many bits you can commmunicate with each sample of the channel; the fmax determines how many samples per second you can transmit.

    The current FCC strategy for allocating bandwidth is to let the natural background S/N dominate, and allocate pieces of frequency spectrum. The UWB strategy is to increase N over the entire frequency spectrum. They both consume bandwidth in the public airwaves. Remember, unless you're using angular encoding (like a camera) there is only one signal to be had: the voltage off an antenna, versus time. Traditional radio broadcasting uses the Fourier basis to describe that voltage signal and to cut up pieces of the signal for different people to use. CDMA, TDMA, and other WB strategies use different bases -- the effect is that their interference is spread over a LOT of Fourier space, so no one user affects any one channel more than infinitesimally.

    But there's no free lunch. A zillion users, all degrading signal infinitesimally, are just as bad as a single doofus who's stomping on your allocated frequency band. Even worse, actually, because you can (usually) find and unplug the doofus's equipment -- but nothing short of a nuclear strike will stop the UWB interference once it gets bad.

    1. Re:Repeat after me: bandwidth is a scarce resource by NateTech · · Score: 1

      900 MHz and 2.4 GHz are already in that "only a nuclear strike will clean them up" mode, for sure. The technology used is pretty resilient to the mess, but only to a point. Eventually both ISM bands will be full of garbage, and people will move on to make a bigger mess somewhere else. 5.8 GHz is already headed the same direction.

      --
      +++OK ATH
    2. Re:Repeat after me: bandwidth is a scarce resource by femto · · Score: 1
      You're confusing bandwidth and capacitity. The formula you gave is Shannon's Theorem for capacity. In actual fact you have assumed a single antenna system. For a multi antenna system, the capacity is:

      H.log(S/N)(bandwidth)

      H is a matrix with dimensions corresponding to the number of receive and transmit antennas.

      This is how the magic happens. Add more antennas and you get more capacity. There are some limitations based on the volume (measured in cubic wavelengths) occupied by the antennas, but to a first approximation capacity is limited only by the intelligence of the transmitter and receiver. It's a generalised type of beamforming.

      Believe it or not Moglen is right. The spectrum allocation function of the FCC (and others) is heading towards white elephant status. The 802.11 sytems on the market don't fall into the category of intelligent receivers. There is an inkling of what's to come in 802.11n, but even the 82.11n systems in the market place fall into teh 'crude' category. The smart stuff is still in the R&D labs (though it has been built).

    3. Re:Repeat after me: bandwidth is a scarce resource by Dr.+Zowie · · Score: 1

      The problem with the multi-antenna (ie phased-array) approach is that it's just another way of describing angular encoding of the beams, and it's impractical for small or mobile installations below VHF (frequency 30 MHz; wavelength about 10 meters), and much above that you're into very short range stuff anyway.

  24. Huh? by Ironsides · · Score: 1

    That raises the question of why Rupert Murdoch, say, needs exclusive access to a slice of the radio spectrum for his Fox television network when he could just as easily put his content out over the Internet for customers to pick up using low-powered wi-fi receivers hooked into the Web.

    So his argument is that because stations can send out information over the internet, TV is obsolete? There's at least one problem here. Aside from the necessary internet bandwidth required, not everyone has a computer/good enough computer/internet connection/broadband internet connection. Additionaly, the bandwidth necessary to send out a TV program at equivalent quality to what is on TV has barely made it to most homes. Even my 5mbit cable modem would be too low a bitrate for some programs. Not to mention the new HDTV is going to be 20 mbits. People want to watch in real time, not download and then watch.

    Then there are the non-TV usages for satelites, which hapens to be covered under the FCC as well. Last I checked we still had some places in the US that are on party lines, and some don't even have phone service yet, and he expects them to have internet?.

    As for "inteligent radios" and such, I'd like to see them work in an area where someone is blasting out there own multi megawatt signal.

    Gah, there are so many things that the FCC currently does I can't even list them all.

    --
    Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    1. Re:Huh? by slashname3 · · Score: 1

      Ironsides wrote: "People want to watch in real time, not download and then watch."

      Actually if people used PVR systems they would get used to the "downloading" or recording of shows and then watching them when they want where they want. Using a PVR (mythtv, tivo, freevo) system changes the way people watch TV. About the only type of shows that anyone would want to watch "real time" would be sporting events or space launches. Most everything else does not suffer anything by being watched at a later time.

      The bandwidth arguments and is legit and the real issue trying to do this over the Internet. And if the FCC does not regulate the airwaves those with the biggest transmitters will win. Not something that would be sustainable.

    2. Re:Huh? by Ironsides · · Score: 2, Insightful

      Actually if people used PVR systems they would get used to the "downloading" or recording of shows and then watching them when they want where they want. Using a PVR (mythtv, tivo, freevo) system changes the way people watch TV. About the only type of shows that anyone would want to watch "real time" would be sporting events or space launches. Most everything else does not suffer anything by being watched at a later time.

      You can add some types of news into that list of yours. If there is a tornado, blizzard, flash flood warning or a few other things headed my way I want to know NOW. TV via the Emergency Broadcasting Service and Emergency Interuptions helps people find out what they need to know quickly. Additionaly, the Amber Alert notifications use this kind of system as well. Those kinds of emergencies work well for TV and Radio broadcasts. Not so well with websites. Especially when during a "Severe winter storm" most likely my internet connection has gone out due to power loss. A radio will work, mainly due to batteries and that broadcasters keep large generators on hand. I can't see that working in the model Daniel Fisher proposes.

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    3. Re:Huh? by slashname3 · · Score: 1

      You can add some types of news into that list of yours. If there is a tornado, blizzard, flash flood warning or a few other things headed my way I want to know NOW. TV via the Emergency Broadcasting Service and Emergency Interuptions helps people find out what they need to know quickly. Additionaly, the Amber Alert notifications use this kind of system as well. Those kinds of emergencies work well for TV and Radio broadcasts. Not so well with websites. Especially when during a "Severe winter storm" most likely my internet connection has gone out due to power loss. A radio will work, mainly due to batteries and that broadcasters keep large generators on hand. I can't see that working in the model Daniel Fisher proposes.

      I hesitated to add news to the list since most of the news out there is old to start with and rife with errors. As to blizzards I expect you know those are happening and I never did see much use in tornado warnings. No one can really tell where they will hit and by the time they do annouce it they have come and gone along with your house. I have never seen the Emergency Broadcasting Service used for anything but to interrupt a show. I suspect that is mostly because when they activate such a system power is usually already gone and everyone is busy getting ready for the event or in the midst of it. As such I don't think TV is really a good method to spread such useful information. Last year we were hit with three hurricanes. Cable service including ISPs were out for about a week along with power the first time around. I did use a radio to get some information but what they provided was not really that useful. We were very lucky in all three hurricanes. And I already had a generator to keep the fridge going. Was able to get one station over the air on the TV but again the info they provided was pretty much useless. What was really surprising is that cell phone service went out immediately and the land lines went out in the first day as the batteries died at the telco. So for awhile there was no way to communicate in or out of the area.

      As such the use of TV for emergency information is IMHO a fallacy. It does provide great entertainment value to those not directly affected by the emergency but it does nothing to help those in the middle of the mess. So I don't see why anyone would think that cable, TV, or ISPs would be a good source of info during an emergency. At least not for storm type emergencies that affect large areas of a state or the country.

      As for the news industry I will wait for another thread to write my opinion about them being nothing more than another entertainment industry out to make money with nothing really do with news reporting. :)

    4. Re:Huh? by Kevin+DeGraaf · · Score: 1

      If there is a tornado, blizzard, flash flood warning or a few other things headed my way I want to know NOW. TV via the Emergency Broadcasting Service and Emergency Interuptions helps people find out what they need to know quickly. Additionaly, the Amber Alert notifications use this kind of system as well. Those kinds of emergencies work well for TV and Radio broadcasts.

      Maybe you do, but I don't. As the sibling post pointed out, this sort of notification is rather pointless -- you would know by looking out the window if the conditions were right for these sorts of events.

      The vast majority of the television that I watch is timeshifted. It's ridiculously annoying to have a quarter of the video image area gobbled up by some snazzy-tastic fancy flashing colorized county-by-county map of where it happens to be lightly drizzling, especially when I'm playing back the recording three days later when it's bright and sunny outside. Ditto for screen crawls, "weather alert" interruptions, local advertisements that cut into network programming, and even wholesale program preemption.

      (The NBC affiliate in Detroit is horrendously bad at this -- in recent memory, they have completely overridden hours of network programming to cover a factory fire downtown and a Pistons game, neither of which I give a rat's ass about.)

      The point of this rant? Say you're a TV affiliate station. Rule 1: You do not screw with the signal. Rule 2: YOU DO NOT SCREW WITH THE SIGNAL.

      Satellite TV ads crack me up: you get your local channels, blah blah, wank wank! Rather, what *I* would love to see is a television provider who gave subscribers raw access to the network feeds unmolested by local stations.

      --
      We have more to fear from the bungling of the incompetent than from the machinations of the wicked.
    5. Re:Huh? by shotfeel · · Score: 1

      As the sibling post pointed out, this sort of notification is rather pointless -- you would know by looking out the window if the conditions were right for these sorts of even

      Maybe you know, but I don't. All I know is there's a storm. I don't have the data or the necessary expertise to determine if there's a chance for a flash flood or tornado just by looking out the window.

      So, tell me. Its storming outside. Thunder. Heavy rain. Do I head for high ground, go to the basement or not worry at all? If I'm driving do I need to get off the road now and find a safe place to hang out, just need to avoid low areas that might be flooding, or is it OK to take the road along the stream?

      Just wondering, because I think there are a lot of people like me that wouldn't know. That's why when there is a storm I turn the radio or TV on to a local station.

    6. Re:Huh? by slashname3 · · Score: 1

      Has the TV or radio reported on such events with enough detail for you to make a correct choice in the scenerios you have described? The reports I see on TV are mostly at the county level at best. And until things have gone really bad they rarely report on specific streets or neighborhoods. If your local stations do a better job than that I am impressed.

      As to your specific scenerio "Its storming outside. Thunder. Heavy rain. Do I head for high ground, go to the basement or not worry at all?" I would hope you know your particular neighborhood enough to know if you are prone to flooding or not. And if tornados are common in your area your either going to see it coming or it won't matter one way or the other.

      A few years ago there was a good storm that spawned a number of tornados north of where I am. Spent some time up there helping clean things up. Some houses were completly wiped out, not just trailers, houses. ONe of the worst tornado hits in the area in many many years. In this case there was no where to run, they don't build storm cellars down here. All you can do is hang on and hope for the best. By the time any warnings came on the TV or radio the tornados had done their damage and moved on.

    7. Re:Huh? by slashname3 · · Score: 1

      Which PVR do you use? I setup a mythtv system back in February of this year and it has changed they way I watch TV. I rarely watch live TV anymore. I do hate it when they have a sports show that runs late. That still messes up the schedule so some or all of following shows are missed. But then I can set it so that show will be recorded the next time it airs so no big loss.

      The factory fire you mentioned is a good case in point, if you did not live in that particular neighborhood (in which case you would probably be outside watching it first person) it is not going to directly affect you unless you owned the building or worked there. A very small number of people. But fires are good entertainment for everyone else. And you can bet the station still gets it ads inserted while they are showing such events. Would not surprise me if they had special deals where companies pay a special rate to have their ads shown during such emergencies.

    8. Re:Huh? by Kevin+DeGraaf · · Score: 1

      Which PVR do you use? I setup a mythtv system back in February of this year and it has changed they way I watch TV. I rarely watch live TV anymore.

      Like you, I run MythTV and the effects on my viewing habits have also been nothing short of revolutionary.

      I noticed another great example of WDIV's incompetence just hours after I posted. I sat down to watch Surface and discovered that WDIV had preempted it to show a mayoral debate (between two idiots). Argh.

      --
      We have more to fear from the bungling of the incompetent than from the machinations of the wicked.
    9. Re:Huh? by slashname3 · · Score: 1

      No solution for that problem that I know of. Was hit by that the other night, a football game ran long and pushed the schedule out.

      I started running a mythfilldatabase --refresh-today in the early morning hours to try an pickup on schedule changes but it does not work when they run sports events late. It might have picked up the debate you mentioned. It did for a presidential address once.

  25. FCC by ViolentGreen · · Score: 1, Insightful

    The FCC is necessary but they aren't doing what they should. The best example I can give is the FCC's deregulation of radio in the late ninties. In the markets near me, Clear Channel bought every station and left radio in a sad state.

    --
    Not everything is analogous to cars. Car analogies rarely work.
  26. 'broadcasting is unconstitutional' by digitaldc · · Score: 3, Funny

    "...GNU Radio is developing a new generation of radios and TV receivers that use software for just about everything except the antenna and the power source. The FCC can prohibit manufacturers from selling radios that transmit on illegal frequencies, but it would have trouble shutting down a Web site distributing software that does the same thing."

    Look dude, I just got a brand GNU radio!

    --
    He who knows best knows how little he knows. - Thomas Jefferson
    1. Re:'broadcasting is unconstitutional' by Celsius+233 · · Score: 1

      Yes, but does it run Linux??

      --
      Denham's Dentrifice, Denham's Dentrifice, Denham's Dandy Dental Dentrifice, Denham's Dentrifice Dentrifice Dentrifice.
  27. OSS? by Anonymous Coward · · Score: 0

    " a new generation of intelligent radios, combined with equally clever computer networks,"

    there are radios and computer networks which aren't OSS... maybe it should be is new technology making the fcc irrelevant?

  28. It would hurt Jesus. by CyricZ · · Score: 0, Flamebait

    It would hurt Jesus if your child heard the word "cunt" on the tele or radio. That is why it is strictly forbidden in the God-loving America.

    --
    Cyric Zndovzny at your service.
    1. Re:It would hurt Jesus. by Anonymous Coward · · Score: 0

      By saying that, you made Jesus cry!!!!! You are a bad, bad person.

  29. Huh? by Anonymous Coward · · Score: 0
    Is OSS making the FCC irrelevant? What an asinine question. Better to ask how does free beer make the ICC irrelevant?

    The FCC doesn't drool over any allocation. Commercial interests may drool over getting to divvy up frequencies but that's why we have and need a regulatory agency.

  30. Is he nuts? by Loconut1389 · · Score: 4, Interesting

    What would prevent the kiddie down the street from buying a 1000 watt transmitter, radiating himself and his neighbors, overmodulating his signal and washing out half the FM radio spectrum within a nearby radius?

    There is no way to mandate computer networked transmitters, or to enforce things from the transmitter side.

    The fcc handles figuring out land topology, power, assignments, and a myriad other factors involved in assigning a frequency and maximum power- for the entire country's radio space over several ghz of spectrum.

    What does open source really have to do with this anyway? Sure, open source could theoretically implement the system he talks about, but the post is more about the supposed irrelevance of the fcc and is using OSS as a buzzword to generate hype.

    1. Re:Is he nuts? by NateTech · · Score: 1

      Everything in your comment was great other than the whole "radiating the neighbors" B.S.

      1000 watts at roughly 100 MHz FM into a low-gain antenna system isn't anything to even care about.

      --
      +++OK ATH
    2. Re:Is he nuts? by NewWorldDan · · Score: 1

      Of course he's nuts. He doesn't just work for the GNU foundation, he's a True Believer(tm).

  31. Where do YOU live? by I+C+spots · · Score: 1

    "The FCC can prohibit manufacturers from selling radios that transmit on illegal frequencies, but it would have trouble shutting down a Web site distributing software that does the same thing."

    Hmm, I have a hard time believing our government would have trouble shutting down anything. The FCC has been able to put the squeeze on just about anyone and anything they feel like that is even remotly involved in the transmission of "communications"

    --
    --Insert profound quote here.
  32. Sharing the airwaves? by rockhome · · Score: 1

    You've got to be kidding me, I stood in the parking lot after a football game on Saturday and tried to call the same person 65 times before getting through. I would love to know where these super-intelligent networks are, because I wasn't near one yesterday.

  33. Legal Channel Still needed. by kninja · · Score: 1

    While the job the FCC has been doing is certainly debatable (although not necessarily debate worthy), the fact that they do provide some form of regulation is good. Even if everyone can adapt their radio to work at other frequencies:

    A. we are a long way from having adaptive radios in everything, it would cost sooo much to update all radios, even over the next 20 years - it wouldn't quite be as bad as the U.S. converting to metric, but someone has not thought this through entirely. Think the U.S. is going to go metric in the next 20 years? I don't.

    B. there is no enforcement - people can create malicious noise and you have no legal (non-vigilante) way to get them to stop.

  34. Grain of salt recommended by jomegat · · Score: 4, Informative
    For nearly a decade, Moglen has been the chief legal officer at the Free Software Foundation, in charge of defending the General Public License, a subversive bit of lawyering that turns property law on its head by prohibiting the users of open-source software from charging money for it.

    The GPL does not prohibit the sale of OSS - it prohibits hiding the source code from whomever the binaries are distributed to.

    Looks like someone forgot to check at least one fact...

    --

    In theory, practice and theory are the same. In practice, they're not.

    1. Re:Grain of salt recommended by mister_llah · · Score: 1

      Not much of a surprise that they were a bit sloppy, really, since it appeals to people who think that OSS would bring about the end of the FCC...

      ===

      Good show on pointing out one of the flaws, though!

      --
      MoM++ - A Classic Expanded - [Master of Magic 1.5]
      http://mompp.sourceforge.net/
  35. Yeah! by east+coast · · Score: 1

    Get rid of the FCC so I can put a transmitter in the trunk of my car that is set to the same frequency as the local country station. This way I could drive around and jam the station with an endless loop of "Tooling for Anus" by The Meatmen.

    That would rock!

    --
    Dedicated Cthulhu Cultist since 4523 BC.
  36. Mod linked article -1, doofus by hanshotfirst · · Score: 2, Insightful
    Come on, with the education listed in The Fine Article, can these people REALLY be that clueless?

    Sure, it is possible to regulate radio equipment using OSS to use finer and finer pieces of spectrum. That's really irrelevant. If I decide I want to use 97.111 MHz for my open-source-audio-blog, and the local radio station wants to use 97.111 MHz for teeny-bop-around-the-clock and Motorola wants to use 97.111 MHz for emergency radios, who gets to use that frequency? The FCC's role is critical to keeping the airwaves organized and prioritized. No matter how thin you slice the bandwith someone has to make the call to say "you use 97.111 - you use 97.113 - you use 97.115".

    The other piece the FCC provides is the concept of licensing for the sake of assigning priority on a frequency. If one party interferes with another, who wins? FCC defines those priorities clearly.

    If the FCC were not there, any venture onto the airwaves would be a crap-shoot of whether anything is there or not, like SETI. With the FCC in place I know I will get teeny-bop-around-the clock at 97.1MHz, 2M Ham Radio at 146.720MHz, and if I run my RC car at 37MHz it won't interrupt my WiFi connection at 2.4GHz.

    --
    Why, oh why, didn't I take the Blue Pill?
    1. Re:Mod linked article -1, doofus by Quiet_Desperation · · Score: 1

      You can only slice the spectrum so thin. Eventually, there is a minimum bandwidth required to transmit a specific rate of data. Beyond that, the demons Nyquist and Shannon rule with great, iron mathematical fists.

    2. Re:Mod linked article -1, doofus by pe1chl · · Score: 1

      Hal Walker would not agree with you!

      His VMSK scheme allows the transmission of arbitrary high bitrates in arbitrary small bandwidths... or so he claims.

    3. Re:Mod linked article -1, doofus by NateTech · · Score: 1

      Tell him to publish the damn thing then, and we'll see.

      --
      +++OK ATH
    4. Re:Mod linked article -1, doofus by pe1chl · · Score: 1

      Well, have a look at www.vmsk.org or one of his other sites...
      Of course it is all a big joke, but he won't believe that himself.

  37. FCC purpose by Red+Flayer · · Score: 1

    Here's a very informative statement by Kennard about the FCC status in 1998... It helps us see where we are now came to be.
    http://commerce.senate.gov/hearings/0610ken.pdf

    Kennard maintained that the purpose of the FCC was to promote competition and UNiversal Access (both to telephone and internet).

    So what happened to the FCC? Why does the FCC still want to regulate radio transmissions, when as TFA points out, there is no appreciable limit to transmission based on frequency?

    Well, Kennard resigned in 2001. Succeeding him were Michael Powell and Kevin Martin. Most of us know what Powell gave us, but here's a link to Martin's public statements since his appointment:
    http://www.fcc.gov/commissioners/martin/statements 2005.html

    Not too much mention about competition there. Nor about USF, other than instigating inquiries. So what exactly is the FCC mission under Martin?

    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    1. Re:FCC purpose by Detritus · · Score: 1
      Why does the FCC still want to regulate radio transmissions, when as TFA points out, there is no appreciable limit to transmission based on frequency?

      Maybe because, contrary to TFA, wishing really hard will not change the fundamental laws of physics and information theory. While many things could be made more flexible and efficient, there are hard limits that will not go away.

      --
      Mea navis aericumbens anguillis abundat
  38. What Moglen -actually- said... by Parity · · Score: 4, Insightful

    The hard quote here is this:

    "My goal is to do all of the work it takes to be explaining to the Supreme Court in 2025 why broadcasting is unconstitutional," says Moglen, who speaks in perfect, rolling sentences. "We have a long march to do, we have a lot of education to do, society has to catch up with our vision of the future, but we are going someplace and the only question is timing and skill in driving."

    Which first of all, implies he wants deregulation of broadcasting by 2025 and second of all implies that broadcasting is all he cares about, not, say, FCC regulations on interference caused by computer power supplies. Extremely hard to say with no context other than Forbes' interpretation.

    There doesn't appear to be any source that puts his words in context. Other articles are appearing now on ZDnet, et al, but they only cite Forbes.

    I don't think this is even remotely an accurate statement of Eben Moglen's ideas. Not to be an apologist; I think deregulation broadcasting is a stupid idea. I wouldn't mind seeing the airwaves repartioned to give more space over to public use, etc., but simple deregulation I wouldn't support. However, I strongly suspect Forbes of putting words in Moglen's mouth with its interpretation of whatever he actually said.

    --
    --Parity
    'Card carrying' member of the EFF.
    1. Re:What Moglen -actually- said... by techno-vampire · · Score: 1

      What I want to know is why he thinks "broadcasting is unconstitutional." It's not mentioned in anywhere in the Constitution, and the only place that might be remotely relevant is the First Amendment, which would seem to support it. If he really said exactly that, either he wasn't thinking or he's more of a ass than I'd expect.

      --
      Good, inexpensive web hosting
  39. Not really by raxx7 · · Score: 1

    First, the purpose of organisms like USA's FCC goes beyond atributing slices of the electromagnetic spectrum.

    Second, the problem of interference between independent systems sharing the same medium hasn't been really solved.
    What you have, in things like WiFi, are systems that have a finite capabiliy to co-exist with other independent systems and therefore, are allowed to be operated without a licence.
    But that co-existence depends on some rules and one of the tasks of organizations like FCC is to define and enforce those rules.
    One of those rules in particular requires attention too: maximum radiated power. Because these systems have a finite capability to co-exist without disrupting each others and because every citizen has the right to have it's own system, the rules end up putting harsh limits on the area they can cover, by restricting the maximum power they are allowed to radiate.
    This is the old cell phone paradigm: Need to support more clients on a given area? Reduce the power on the cells and install more cells on the area.

    These legal limitations on power make systems on open spectrum unsuitable or less usefull for many aplications. For those applications, you need to give them a chunk of spectrum where they can put as much power as they need without the worry of hurting anyone else.

  40. Sorry, no by tgd · · Score: 1

    Thats grasping at straws trying to link OSS and radio and freedom. Its just a silly connection to make, unless you're a mindless OSS fanboi.

    Seriously. If you think the FCC's role is not an important one, you don't understand some combination of: human nature, radio communications, electronics, telecommunications history, etc. I'm sure others can come up with more broad areas believing that shows a lack of understanding in.

    And trying to pass off the "OSS means freedom" argument really sends things into left field.

  41. Over on Groklaw by lildogie · · Score: 1

    Ms. Jones and Mr. Moglen refute the Forbes piece

  42. Like any government program/agency ever goes away! by stankulp · · Score: 1

    No way, Ho-Zay!

    Agencies are never abolished just because they are obsolete, the same way laws are never repealed just because they are obsolete.

    You just get more laws and more agencies.

    It's the law.

    --
    We must be alert to the danger that public policy could become captive to a scientific-technological elite. - Eisenhower
  43. article doesn't make sense by geekee · · Score: 1

    All information broadcast wirelessly requires some finite bandwidth and power. Two transmitters broadcasting in the same space at the same time can jam each other. Someone needs to enforce rules and specifications about how transcevers interoperate, whether broadcast, pont to point, or whatever. Otherwise, incompatible technologies will interfere with each other. Also, what's to stop someone from taking huge chunks of bandwdith for square miles without a regulating agency?

    --
    Vote for Pedro
  44. Left? by Urusai · · Score: 1

    I'll have to consult the archives on this one.

  45. Unregulate and they will come... by cdrguru · · Score: 1
    Advertisers, that is. A whole lot of them will crawl out of the woods and you will discover unknown items that can act as radio receivers. Not very smart, software-controlled radios, but things like fillings in your teeth.

    You see, without regulation there would be no power limits. Without power limits it would be a short race to see who could have the biggest gun, er, transmitter. You would be able to pick up their transmissions on your cell phone, your car radio, your TV, your wired telephone and just about every other electronic device. Maybe a few that aren't all that electronic because things act strangely when there is enough power being broadcast.

    I guess this guy's idea of "free speech" would include making sure the folks in India could pick up AM radio stations in the US.

    It might be interesting to live in a completely unregulated, libertarian paradise. Unfortunately, what this guy is proposing is just eliminate the regulations without any other disincentives. He didn't think it through.

    1. Re:Unregulate and they will come... by tazanator · · Score: 1

      to build on the power issue ... there was a guy in the 80's that had big wild parties up in the sears tower. He had all kinds of different colored florecant lights in the room but no power hooked up to them. After my 3rd party I final asked how they worked with out wires, he said stay after the party and he'd show me. Well after everyone left he handed me a ladder and said I would help clean, I pulled the first light tube down from the clips and it was still lit in my hands, turns out the WLS tower was up on top of the roof and the radio waves had enuff power to light the tubes without any thing else done to them (he stored the lights in a closet when not partying).

      --
      I'm told you are what you eat, does that mean I can be you by tomorrow with some A1?
  46. Oh, for the love of... by HomerNet · · Score: 1

    YES! The FCC became an annacronism the instant it became feasable to transmit audio over the Internet. Their continued existence only serves to slow down whatever progress the industry can make.

    --
    I have no tag line
  47. If nothing interferes anymore... by Aluvus · · Score: 0

    ... then what's up with microwave ovens and 802.11b routers? And 2.4 GHz phones?

    --
    Never mistake "can" for "should".
  48. What a crock by Doctor+Memory · · Score: 1

    The article implies that if everyone has a radio that can broadcast on any frequency (via the magic of OSS), then it can't be regulated. And they can't stop anyone from having the radio, because the software will be GPLd.

    Sorry, kids, but we're talking about a finite resource here. Frequencies aren't virtual, there is no magic multiplexer that will let everyone share the same bandwidth. Just imagine if someone wrote an Ethernet card driver that didn't respect the Ethernet protocol: that one card would monopolize the whole network. Hell, the FCC is already prosecuting people who don't respect the current band allocations, see here. Some people think that because they have a ham license and a 1000W amp they can broadcast whatever and whenever they want. Imagine what the situation will be like when anybody can get a radio and a 1000W (or more) amp. What's to stop people from having several radios and broadcasting on several frequencies at once? Or to stop some script kiddie from writing a simple loop to broadcast "I 4M 31337!!!1!!" starting at 50MHz and moving up 1MHz a step?

    I'm with the economists one this one -- everyone is bad until proven otherwise.

    --
    Just junk food for thought...
    1. Re:What a crock by intangible · · Score: 1

      Or to stop some script kiddie from writing a simple loop to broadcast "I 4M 31337!!!1!!" starting at 50MHz and moving up 1MHz a step?

      Script kiddies don't write anything themselves, that's what :D

  49. There is no shortage of spectrum by TrueJim · · Score: 2, Interesting

    "There is still a finite set of bandwidth available." Clarification: saying that there is a shortage of radio spectrum is like saying there is a shortage of colors. Both are infinite. Colors become finite only when you restrict yourself to a discrete color-space, like a box of Crayola crayons. Radio spectrum becomes finite only when you chop it into big discrete chunks, like radio stations. Reference, for example, http://www.interesting-people.org/archives/interes ting-people/199507/msg00023.html, as well as numerous other discussions along the same lines. Radio bands are as big as they are only because early 20th century vacuum tube technology required them to be. Modern microlectronics could allow modern radio bands to be however "skinny" we like.

    --
    I hope that after I die the one word people use to describe me is "resurrected."
    1. Re:There is no shortage of spectrum by slashname3 · · Score: 1

      I never said there was a shortage, I said that there is a finite set of bandwidth available. You can slice the bandwidth only so thin. True, technology advancements will allow you to slice it ever thinner but there is only so much available. It is similar to the microprocessor industry. They have been able to reduce the size of their processors significantly. However there are limits to how far they can go. The limit in that case is down at the atomic level. It will be virtually impossible to go beyond that point. Same with frequency bandwidth. There are lots of technical tricks to get more data pushed over a specified set of frequencies, but eventually a limit will be reached where all the little tricks have been used and there is just no way to get any more data pushed over that set of frequencies with degrading the existing transmissions. What those ultimate limits are I don't think have been defined. But there is a limit. And if you are saturating the spectrum with that much data it won't take much interference to degrade the overall throughput. Think of one noisy microwave oven splattering the 802.11 spectrum.

      Same arguments for IP address space. There is only so much. Several years ago many people thought we would be out of address space by now. But use of RFC1918 addressing and inexpensive NAT routers has allowed things to grow signficantly. Eventually there will be shortage and IPv6 will actually start being used on a wide scale. But that is going to be many years from now. It will only happen when all the little tricks have been used up and there is no more address space to be reclaimed.

    2. Re:There is no shortage of spectrum by PhilipPeake · · Score: 1
      Total garbage. There are laws of physics involved and they won't change just because you wish that they would.

      None of the "solutions" in the article, or so far on this discussion would work in practice.

      Its possible to make use of some statistical tricks to apparently cram more into the same space, and its possible to take advantage of the piss-poor perception of the average human to inflict sub-standard audio and video on them -- and tell them its all wonderful "because its digital". But the fact remains that you can't put a gallon into a pint pot, no matter if Stallman says you can or not.

    3. Re:There is no shortage of spectrum by Anonymous Coward · · Score: 0

      well you could put one gallon @ 1 bar of a low density liquid in a 1 pint pot, though to be fair, it would have to be a sealed pot and i imagine the pressure involved would be rather great. But the point is, compression WORKS! :p

    4. Re:There is no shortage of spectrum by qbwiz · · Score: 1

      Well, by the Shannon-Hartley theorem, there is a limited bandwidth available (assuming limited transmitter power). Assuming a S/N of 20 dB (arbitrary, but you have to limit signal power at some point), you can get at most 38.6 Gbps for the all radio using the bandwidth from 0-5.8 Ghz. This is a hard limit, and unless you want to raise the S/N (more power needed to transmit/eventually you fry the people using the devices) or maximum frequency (you lose the ability to transmit through certain materials), you run into a hard limit on how fast you can send your data.

      --
      Ewige Blumenkraft.
    5. Re:There is no shortage of spectrum by Anonymous Coward · · Score: 0

      You're clueless. There is a finite amount of usable radio bandwidth. The radio spectrum is commonly defined as EM from 30 kHz to 300 GHz. The really low frequency stuff takes huge antennas to use. The really high frequency stuff is very tricky to build. The usable spectrum lies somewhere inbetween those bounds. Shannon's channel information capacity theorem tells us that the amount of information that a channel can carry is dependent on both the s/n ratio and the bandwidth of the channel. In other words, there are two ways to carry more information over the air. One is to raise the s/n ratio by increasing transmit power, which quickly becomes impractical (want to use 1500 watts for your WiFi equipment?) and the other is to use more bandwidth.

      It wouldn't kill you to read up a bit on RF and information theory before spouting ignorant nonsense.

  50. What's to stop him now? by CyricZ · · Score: 1

    What's to stop that child now? If he really wanted to do so, he could obtain such equipment today, just as he could without the FCC.

    --
    Cyric Zndovzny at your service.
    1. Re:What's to stop him now? by Loconut1389 · · Score: 1

      Exactly, except that the fcc is there to fox hunt and stop the offender now.

    2. Re:What's to stop him now? by frank_adrian314159 · · Score: 1
      What's to stop that child now?

      Well, for one, this little agency called the FCC.

      In the final analysis, bands have limits dictated by the laws of physics. And communications within these bands can be disabled by overrunning these limits. You'd still need the FCC to set emission limits (probably on a per band basis) and for enforcement against people whose transmitters were a bit too powerful or whose antennae were a bit too long (my apologies to any Martians in the neighborhood). Otherwise, anyone could set up a really big spark gap transmitter and fsck over any band(s) they wanted.

      Is spectrum inefficiently allocated now? Yes. But total anarchy won't work either. You still need someone to set the rules so that everyone can swim in the pool.

      --
      That is all.
    3. Re:What's to stop him now? by CyricZ · · Score: 1

      You missed the point of my post. Go back and read the entire thing. All two sentences of it. You'll note that I refer directly to the FCC in the second sentence, pointing out the fact that even today they can't necessarily stop a child from doing that.

      Perhaps you're confused by what I meant by "stop". The FCC cannot necessarily stop a child from doing something like that beforehand. If the child is eager enough, he will find such a transmitter, with or without the FCC. Now, perhaps they could stop him later, after he has obtained and used such equipment. But to suggest that they will be able to stop him beforehand 100% of the time is incorrect.

      It's much the same situation with pornography. Sure, you tell boys not to look at it, and you even put legislative tools in place to try to prevent it. But nevertheless, young teens will still be pounding their cocks to the latest issue of Playboy or Hustler.

      --
      Cyric Zndovzny at your service.
    4. Re:What's to stop him now? by shotfeel · · Score: 1

      Isn't that like arguing that since the police can't stop all crime, we should just get rid of the police force?

      I'm not sure what you're trying to argue. No, they can't stop all problems, but that doesn't mean they (the FCC) aren't still needed.

    5. Re:What's to stop him now? by Halvy · · Score: 0

      The fact that both Cops and the Fcc don't stop ANY crime, but in fact 'foster & create it', is reason to disban them from the face of the earth.

      -- SlashDot's 'Moderation' System is NOT broke..
      It's just.. SETUP.

      --
      I will gladly loose all of life's battles.. in order to win the war..
    6. Re:What's to stop him now? by Anonymous Coward · · Score: 0

      -- SlashDot's 'Moderation' System is NOT broke..
      It's just.. SETUP.


      "Tap, tap, tap...Is this thing on?" --Halvy

      "You're welcome Slashdot."
      -- Mods courtesy of the Slashdot Troll Cleaning Crew

  51. They are totally fucked (Forbes.com) by chill · · Score: 1

    Quote #1: "...the General Public License, a subversive bit of lawyering that turns property law on its head by prohibiting the users of open-source software from charging money for it."

    There is nothing in the GPL that prohibits people from charging money for GPL software. See Red Hat, Novell, IBM, et al.

    Fuck-up #2: Linking http://www.forbes.com/finance/mktguideapps/compinf o/CompanyTearsheet.jhtml?tkr=APA to the Apache web server!

      -Charles

    --
    Learning HOW to think is more important than learning WHAT to think.
    1. Re:They are totally fucked (Forbes.com) by madstork2000 · · Score: 1

      I would mod you up if I could. . . .

      I pointed out these mistakes in a comment to the editor on Forbes already.

      I hope they get inudated. To me to misrepresent the GPL so grossly is either extreme negligence, i.e. the author (Daniel Fisher) is such a lazy writer that he cannot be bothered to put the term GPL into Google and read the first age that comes back -OR- Mr. Fisher is just another MS cronie, trying to spread FUD to decision makers in businesses (Forbes target market) to further hinder OSS adoption. Either way it does a great disservice to the OSS community.

      A much more minor nitpick, but in this situation, I think they also should have used the term GNU GPL, since their audience is not likely to be familiar with the GNU project, and thus may have more difficulty finding the gnu.org website to learn about the license and the background. Mr. Fisher makes it sound like the GPL is some sort of anti-american anti-capitialist pinko tool that "prohits" making money.

      I cannot believe Forbes would make this the feature article on thier main page, that certainly lost them a lot of credibilty in my mind.
      -MS2k

    2. Re:They are totally fucked (Forbes.com) by Yehooti · · Score: 1

      RF spectrum allocation is an international issue. The FCC is our interface for the civilian side in the US (the National Telecommunications and Information Administration, NTIA, does it for the government agencies), with the International Telecommunications Union (ITU). Signatories meet every three years or so and hash out the allocation rules. Among other things, the ITU assigns satellite locations and frequencies for their links. They are sensitive about usage of frequencies where other members have a vested interest, including the amateur bands. Without the FCC to enforce these international agreements within our country, as frequently mentioned previously, we'd quickly have pirates stepping all over everyone with their undisciplined spectrum use. The satellite links are especially sensitive bands because of the signal strengths involved and some of them are right next to nearly unregulated bands (example: 2.2-2.3 GHz is space to earth, but 2.4 GHz is OK for wireless LANS).

      So yes, they are totally f'ed up. I'd have used a mod point for you but I wanted to post this bit of trivia.

  52. Re:Like any government program/agency ever goes aw by multipartmixed · · Score: 1

    What about the house committee on unamerican activities?

    --

    Do daemons dream of electric sleep()?
  53. Rose colored goggles. Check. by Quiet_Desperation · · Score: 1
    is making it possible for anybody to use the airwaves without interfering with anybody else

    Except, of course, those who WANT to interfere for negative purposes.

    You can flood a bandwidth with noise, and make it unusable. I don't care how much coding you use. There is no magical way to have infinite bandwidth across any portion of the spectrum.

    All you'll wind up with is rich script kiddies (ham kiddies?) with klystron transmitters in their attic that papa bought them with petty cash from the trust fund.

  54. ask a silly question... by poot_rootbeer · · Score: 1

    Short answer: No.

    Longer answer: No, of course not.

  55. Not really by digitalgimpus · · Score: 1

    As the FCC moves more towards law enforcement, and censorship, they really have little to do with conflicts anymore.

    /in solviet russia, your radio transissions police you.
    //ducks

  56. well of course it does! by Anonymous Coward · · Score: 0

    It provides a place to put political appointees to push somebody's moral agenda to get a few votes from stupid fundamentalists and idiotic parents.

    "We're not limiting free speech. You just can't say certain things on the radio".

  57. There's more to this issue than just bandwidth by p3d0 · · Score: 2, Interesting
    There is only so much bandwidth in the radio spectrum...
    Are you sure that's relevant? There's only so much bandwidth in the visible light spectrum, but the FCC doesn't regulate that.
    --
    Patrick Doyle
    I mod down every jackass who puts his moderation policy in his sig. Oh, wait a sec....
    1. Re:There's more to this issue than just bandwidth by MenTaLguY · · Score: 3, Insightful

      Unlike RF, IR or visible light communications don't normally have potential for interference on local, national, international, or even global scales.

      --

      DNA just wants to be free...
    2. Re:There's more to this issue than just bandwidth by Dr.+Zowie · · Score: 1

      Nah, visible light can carry mindbogglingly huge quantities of data, because you can multiplex by angle -- so it's not limited in the same way that RF is. What I mean is, suppose you have a visible light transmitter/receiver pair that can send (say) a terabit per second down a fiber. (This is possible now with wavelength multiplexing of multiple LEDs!). Then you can make an array of 10^6 of those, mounted on a billboard or something, and "broadcast" the signal along lines off sight that face the billboard. The detector would be a telescope with an array of 10^6 receivers at the focal plane.

      Also, visible light is not susceptible to interference in the way that RF is. If you don't want to receive the yottobit per second that your neighbor is broadcasting, you can simply build a fence to hide the transmitter.

    3. Re:There's more to this issue than just bandwidth by p3d0 · · Score: 1

      Yep, visible light is different from radio. I'm just saying if one's whole argument is "bandwidth is finite, QED" then I don't find that very credible.

      --
      Patrick Doyle
      I mod down every jackass who puts his moderation policy in his sig. Oh, wait a sec....
    4. Re:There's more to this issue than just bandwidth by msebast · · Score: 1

      I believe the FAA regulates use of the visible spectrum.
      Try transmitting high-powered narrow bandwidth light towards an airplane.
      You'll end up in jail.

  58. I fail to see the relation between the FCC and OSS by Anonymous Coward · · Score: 0

    Except OSS is written by ZEALOT MONKEY FAGGOTS. and the FCC is run by RETARDED MORONIC BEAUROCRATS. Uh, nope, no connection. Most important, however, is that OSS zealots have their mouth's WRAPPED AROUND WHOREVALD'S COCK!

  59. tomorrow ...FCC stands for ..... by Anonymous Coward · · Score: 0

    Full Consumer Choice..

    See, it won't be irrelevant...

  60. Ahh but the key... by isotope23 · · Score: 1

    The key to your comment is this :

    " Never in a million billion zillion years would the licensed band network operators here tolerate that sort of conduct. Eben needs to stick to software licenses and leave radio physics alone ..."

    I.E. the corporations who shelled out big bucks and have a vested interest in maintaining the status quo, as opposed to the startups or hacker in his garage who did not.

    Solution: one set of rules for analog broadcast and a more open set of rules for packet broadcast. E.G. any type of gear certified to do packet broadcast can be used without jumping through alot of hoops.

    --
    Service guarantees Citizenship! Questions Guarantee GITMO.... Amerika Uber Alles!
    1. Re:Ahh but the key... by fgodfrey · · Score: 1
      Not exactly. I have licensed radios in the VHF band (between 171MHz and 210MHz) and the UHF band (up around 510MHz). They are wireless microphones. I'll be pretty ticked if I have to throw out my $10k worth of gear because you want to broadcast on the spectrum that the FCC allocated to wireless mic users. I'm hardly a "corporation who shelled out big bucks". I'm a community theater that shelled out nearly our entire budget to barely get what we needed. Don't assume that the only licensed users are places like ClearChannel that have plenty of money to spend on changing equipment.

      If you want open spectrum for digital broadcasts that isn't licensed and can be used pretty freely, that exists already. That's what WiFi uses....

      --
      Go Badgers! -- #include "std/disclaimer.h"
  61. No... by The+Stars+Look+Down · · Score: 1

    Individual rights make the FCC irrelevant, null, and void.

    --
    "Money is the barometer of a society's virtue." - Ayn Rand Atlas Shrugged
  62. Sometimes you don't NEED to read the article by smchris · · Score: 1

    But a new generation of intelligent radios, combined with equally clever computer networks, is making it possible for anybody to use the airwaves without interfering with anybody else.'"

    And the fact that we have laws means we never need police.

    I guess the author never heard a psycho CB operator talk about killing and raping everybody he meets (perhaps running a few hundred watts) or a schizo amateur operator running his VFO back and forth over people he disagrees with or somebody intentionally or unintentionally interfering with aircraft.

    There is more in the airwaves than wi fi and TV.

  63. Doesn't matter anyway... by FFFish · · Score: 1

    ...'cause the FCC is going to do everything it can to remain on the public's payroll. There's too much at stake for them -- to wit, all their jobs.

    Kinda like the DEA: a complete and utter failure by every conceivable measure, yet they still suck bajillions of dollars out of the taxpayers' pockets.

    --

    --
    Don't like it? Respond with words, not karma.
  64. Offtopic!? by Anonymous Coward · · Score: 0

    I realize that this is Slashdot, but how is it *offtopic* to ask for some substantiation of an over-the-top article on Forbes?

    Anyhow, there's an article on this over on Groklaw, but it doesn't go into anything about the FCC bit that I could see, and it looks like there are a number of facts they got wrong.

  65. Re:Of course not by ect5150 · · Score: 1

    OSS can't censor out Janet Jackson's left boob, only the FCC can.

    Clearly you do not know what you are talking about. Otherwise, you'd know it was her right boob that we saw.

    --
    I have never let my schooling interfere with my education.
  66. FCC action ageinst interference sources helps by Animats · · Score: 4, Informative
    The FCC Part 15 regulations made widespread use of home electronics possible. Back in the late 1970s, it was observed that a Radio Shack TRS-80 and a Milton Bradley Big Trak would, if operated in the same room, crash each other. And many computers wiped out broadcast TV reception. That's been fixed, by requiring type approval for everything that emits RF. If it weren't for the regulations on incidental emissions, rooms full of computers just wouldn't work.

    The FCC isn't that active in cracking down on annoying emitters, but they do try. This went out on August 24th:

    "The Federal Communications Commission has been made aware that an electronic transformer manufactured by W.A.C. Lighting Company, model number EN-12PX-AR, located in a lighting circuit at your residence, is causing harmful radio interference to the AM Radio Broadcast Band as well as to a licensee in the Amateur Radio Service."

    People tend to forget that a switching power supply is a high-powered RF generator. If it weren't for strict emissions regulations and type approval, the frequencies below a few megahertz would be full of power supply hash and not much else.

    1. Re:FCC action ageinst interference sources helps by skelly33 · · Score: 2, Interesting

      ... and then there are all the analog ham radio, etc broadcasters out there who, in the absence of the FCC, would be prefectly happy cranking the power output from their transmitters in order to gain distance. The FCC is the entity that keeps these guys in check.

      A few years back, we had a neighbor with a ham radio who would crank it up whenever he thought nobody was paying attention. It was strong enough to actually hear his voice coming out of the home theater audio system in our house. Did he care to respond to complaints? Not one bit until someone reported him.

      Some FCC-like entity is necessary to enforce rules upon those who won't volunteer to cooperate.

    2. Re:FCC action ageinst interference sources helps by pommiekiwifruit · · Score: 1

      We had that with a taxi company near our office. The taxi calls would come loud and (almost) clear out of the speakers.

    3. Re:FCC action ageinst interference sources helps by techno-vampire · · Score: 1

      One thing they're not always good about is cracking down on hams interfering with broadcast. I remember, years ago, a local ham was leaking onto a TV station's bandwidth in our neighborhood and the FCC just ignored complaints. We knew who he was and called him once or twice, then heard his insults on our TV set. This went on for over a year, while they ignored our complaints. I don't know what it's like now, but they don't always bother to help.

      --
      Good, inexpensive web hosting
    4. Re:FCC action ageinst interference sources helps by Anonymous Coward · · Score: 0

      Actually, it probably wasn't the ham's fault. 6m ops get a bad name for TVI, but it is really television manufacturers who are to blame. A ham operating in the 6m band in full compliance with all FCC spectral purity regulations will wipe out VHF reception on most television sets. The problem is that television manufacturers are too cheap to build proper filtering into their sets. Legally, hams don't have to do anything to stop the interference. They're in compliance with part 97. You're operating a device under part 15.

    5. Re:FCC action ageinst interference sources helps by techno-vampire · · Score: 1

      This was one ham, out of several in the neighborhood, and it only happened on one channel. His comments about us made it clear he knew he was interfering and didn't care. I don't know what the rules were, but nobody offered to help and he wouldn't clean up his act. (I've mentioned this to other hams and they've told me that it would have been trivial for him to stop the interference if he'd wanted to.)

      --
      Good, inexpensive web hosting
    6. Re:FCC action ageinst interference sources helps by Detritus · · Score: 1

      Your home theater audio system is defective, and you blame the nearby ham? It's this kind of shit that makes me wish I had a few neutron bombs so that I could raise the average IQ in this country. You buy some poorly designed and shielded A/V equipment, and expect your neighbor to not operate his transmitter at (legal) high power levels? Buy a book on EMI/RFI and educate yourself.

      --
      Mea navis aericumbens anguillis abundat
    7. Re:FCC action ageinst interference sources helps by skelly33 · · Score: 1

      Why do you suppose it would occur to your average consumer that they should educate themselves on EMI/RFI prior to spending $250 for a DVD/surround sound system for their living room? Can you think of any other books that are requisite reading for your average film buff who just wants to enjoy their movie? Is it really that important to you for anyone who expresses an opinion to be an expert on the topic? You want to "bomb" people who disagree with you?

    8. Re:FCC action ageinst interference sources helps by Anonymous Coward · · Score: 0

      Not all hams are 6m ops. Operating on 2m or 10m won't mess with television reception. The only time when I operate on 6m is when the band is open, which isn't that often. 40m and 80m provide far better results most of the time. That's probably why there was only one ham who was causing interference. Most hams don't even have the equipment to operate on 6m. Most techs only have the equipment to transmit on 2m and 70cm. Most generals have HF transceivers that operate 80m-10m, although most newer HF transceivers have added 6m in the last 5 years or so.

      It isn't trivial to fix TVI. The ham would have to go around and fix all the televisions in the neighborhood. Eliminating TVI on crappy televisions is a voodoo art that is hard to get right.

  67. Wrong question. It is all about private property. by denali_tandoor · · Score: 1

    The real question is why was the FCC created in the first place and why should it still exist?
    Who is protecting whose rights/interests? (Think people with power.)

    The following article highlights the history behind the creation of the FCC.
    If you have the time I think most will benefit from its insights.

    I know I did.

    http://www.mises.org/fullstory.aspx?Id=1662

    It is long but an enjoyable piece.

  68. FCC isn't irrelevant, and never will be by JSBiff · · Score: 5, Insightful

    The reason people can make such profoundly ignorant statements as "The FCC is obsolete", is precisely because the FCC has done a pretty darn good job of doing it's job. The FCC, at least in terms of frequency regulation and enforcement, has done a good enough job that they are largely invisible to the general public. Hence, a lot of people might think they are irrelevant.

    Let me explain: the reason we are getting technology to make ever-more-efficient use of available radio spectrum, is in part due to the fact that the FCC, the ITU, and all the counterpart communications agencies of governments around the world recognized the need to regulate the radio spectrum, to slice it up for use by many different 'users'. Part of the FCC's job is to make sure the USA abides by the international radio-spectrum treaties, so that a resource that is fairly scarce, can have optimal usage.

    These regulatory agencies, by the very work they do, encourage maximum usage of the available spectrum, and keep people from stepping on each other's signals. This is why we live in a world of wireless devices, wireless digital communications, cell phones, amateur radio, marine radio, military radio, tv, commercial radio, etc, etc and everyone can make use of the airwaves with minimal interference to each other. Once allocations have been made, you need someone to do enforcement (investigation and prosecutions of violations of the allotment), or else the allocations mean nothing.

    If you got rid of the FCC, some people would stop playing nice with each other (even though the technology exists to co-exist). Some people would get frequency 'greedy'. And then the whole system would collapse. The sad thing about humans is, a certain percentage of the population always need 'police' to keep them honest (and some are crooked anyway, but at least you have a chance to stop them before they do too much damage, if you have police).

    Another important thing to remember about radio frequency, is that different radio frequencies *behave differently*, and allocations need to take this into account (and currently, largely do). Shortwave radio allows worldwide communication with relatively low power output. But, because it is world-wide, it means you also have a truly global 'collision domain', to borrow a term from digital networking. So, if you just need to do local communications, you *don't* use these 'global' frequencies.

    The FCC provides a truly useful service to the public (despite all the snarking about decency standards - something the FCC doesn't really want to be involved in, but is forced to by public demand, btw - remember, the FCC ultimately answers to politicians, whose chief concern is keeping the most people 'happy' so they can get re-elected). Let's give them a little respect.

  69. Relevance is Irrelevant by mi · · Score: 1
    In the government anyway. There is still National Peanut Board, for example. Ever since there was actually hunger in America and peanuts were considered an important staple.

    Likewise, there is still rent-control in New York City -- introduced as a temporary measure during World War II (to protect the families of the soldiers from "greedy landlords", you see).

    The Spanish War took place more than a century ago, but we are still paying the tax introduced to finance it.

    Relevant my behind... FCC will stay with us for the forever, especially with its newfound purpose of censoring profanity et al.

    --
    In Soviet Washington the swamp drains you.
  70. The F.C.C.'s impact goes FAR beyond tech issues by camperslo · · Score: 1

    While it is interesting to discuss whether there is constitutional basis for the F.C.C. to exist, it is a gross oversimplification to represent the F.C.C. as being needed, or not, only for it's function in moderating interference problems. The manner in which broadcast stations are operated has far reaching implications in the areas of public safety, public education, public health, public purchasing behavior, political decisions and more.

    The F.C.C.'s failure to see that broadcasters properly carry out the role as trustees of the public interest is behind much of the mess we have in U.S. politics. By allowing broadcasters to sell political advertising the media have become a crucial paid-for component in the corruption of the U.S. elections process. Not only is public opinion subject to being warped by misleading ads. Our elected officials frequently have to sell out in order to raise the funds used in political advertising. We cannot expect those in office to enact meaningful campaign spending reforms when it could mean cutting their own funds. Instead, we should have an F.C.C. that prevents broadcasters from accepting any political revenue. If broadcasters had to provide free time and ONLY free time to all legally validated candidates and measures, there would be far less motivation to seek or accept funding from the wrong places.

    Perhaps if all Slashdotters in the U.S. wrote and visited their local stations and insisted that paid advertising was a key element in the corruption of our political process, it could be added to the quarterly lists of community issues that stations address with their programming. Letters to the stations, with copies to the F.C.C., should point out that carrying paid political ads is a FAILURE to address a serious community issue. If there were enough written public outcry licenses could be challenged at renewal time.

  71. Monopolies and Multiplexing by Sloppy · · Score: 1
    It's not that the FCC is obsolete, just that it's focus should be limited to regulating how broadcast is done.

    OSS doesn't have a damned thing to do with it. The change that has come, is that part of the radio spectrum (e.g. the part used by 802.11) is used in such a general way (passing abstract packets) that any application can be run on it, and they can all run at the same time.

    What this does, is that it makes it so that there is no need to give monopolies for parts of the spectrum. We don't need the FCC to regulate communication, we need to it regulate against jamming communication. Even Moglen's going to be miffed when someone's microwave oven keeps him from communicating, whether that's to download gcc or to get today's programming by Murdoch.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  72. It made sense to our federal overlords. by skywire · · Score: 2, Insightful

    The agency might have made sense in the 1920s, Moglen says, when it was formed to assign specific frequencies to broadcasters so they wouldnt try to drown each other out by cranking up the transmitter power
    That is one of the functions performed by the FCC, although other mechanisms certainly would have taken care of that if the FCC had not. The FCC's powers went far beyond that. Congress nationalized the spectrum and took upon itself the authority to grant revocable licenses that must be used "in the public interest". Surely at this remove, we needn't parrot the simplistic grade-school excuse that was fed to the masses. Obviously, states like to control communications, and ours was no exception.

    --
    Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.
  73. Tell that to... by MrFlannel · · Score: 2, Interesting
    ...is making it possible for anybody to use the airwaves without interfering with anybody else.

    Tell that to my microwave.
    --
    Clones are people two.
  74. Maybe, Maybe not . . . by just_another_sean · · Score: 1
    ...but I think we all know how Forbes feels about it. Mod me off topic if you like but after reading TFA I have to say that this appears to be more of an opportunity by Forbes to take shots at the F/OSS community. Let's see, hmm, OK we have to really pique people's interest here; ah, we'll use the word terrorist. Of course we can't call Moglen a terrorist outright but we'll just slip the word in there. Yep, that will get the tone of the article off to the right start. Here's a few other choice quotes form TFA

    1. "Moglen's comments would be easy to dismiss, except for the woe he's already caused the software industry".
    2. "Moglen has been ... in charge of defending the General Public License, a subversive bit of lawyering (sic) that turns property law on its head by prohibiting the users of open-source software from charging money for it"

    There's more to it but I am ranting so I'll stop. Bottom line, IMHO, is that Eben maybe does not know as much as he should about radio frequencies before he spouts off about it but this Dan Fisher fellow at Forbes needs to be cracked a few times with a clue stick before he writes another article on anything remotely related to F/OSS.
    --
    Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
  75. Bad players by Anonymous Coward · · Score: 0

    can deliberately mess up anything. You'd need some kind of mechism to deal with them. When email was first created, if you had asked anyone whether we needed goverment regulation of email, they would have said no. Spammers changed that.

  76. Apache on the NYSE?!?!?!? by tfm55x · · Score: 1

    Anybody notice how the article featured a hyperlink for more info on Apache. Did you click it? (G)

    1. Re:Apache on the NYSE?!?!?!? by DCstewieG · · Score: 1

      "Company background: An independent energy company that explores for, develops and produces natural gas, crude oil and natural gas liquids. Company has exploration and production interests in North America, Australia, Africa and Asia."

      Hmm, thinkin' that's not the same Apache. Bad editorial job I guess.

  77. He's an IDIOT! by Anonymous Coward · · Score: 0

    Columbia Law School Professor Eben Moglen is a total FOOL.

    He's so out of touch with the reality of broadcasting, that he seems to believe that ALL broadcasters can afford to just buy new equipment

    The USA has many broadcasters in rural areas who just can't afford to change their kit.

    What a DICK!.

    1. Re:He's an IDIOT! by Anonymous Coward · · Score: 0

      Umm.. The price of broadcasting equipment is peanuts in comparison everything else, really. Thats not the issue.

      What makes him retarded is not knowing that malcious interference can stop the works. You still also need someone to make sure that the equipment is built to proper specification too. What good is cooperation and intelligence if people can buy the cheapesst transmitters out there that don't act the way they are supposed to?

      Was there a reason for all the bolding and shouting?

  78. Yes there is by Andy+Dodd · · Score: 2, Interesting

    While the electromagnetic spectrum is in theory infinite, the physically usable spectrum is finite.

    We have at most 20-24 GHz of economically usable bandwidth. For some applications (point-to-multipoint broadcast), LOS restrictions and the difficulty of generating appreciable amounts of power at higher microwave frequencies limits us to far less than that.

    Honestly, the only economical transceivers I know of that work above the 5.8 GHz ISM band are specialty devices not well suited to communications. (Gunn diode and magnetron sources at 10 GHz and 24 GHz. Good for radar, not good for communications due to large amounts of noise and frequency drift.) Generating more than a few milliwatts above 5.8 GHz is HARD and expensive! To handle high power, an amplifying device (i.e. transistor) must be large, but at microwave frequencies, the device size is a more significant portion of the wavelength of the frequency to be amplified. Developing more than a watt or so at 2.4 GHz and above requires either hundreds of dollars, or specialty vacuum tubes (magnetrons as used in microwave ovens, or traveling wave tubes.) Note that magnetrons are very noisy and unstable sources that are useless for all but Morse code communications.

    Anyone who things the FCC can be made obsolete in less than 50-100 years is ignorant to the realities of communications systems and RF engineering. Software defined radios are a big step forward, but they're still best considered to be an infant technology. The only SDRs that are actually in use today are by people who ABSOLUTELY need the flexibility *at any cost* (read: military applications). Broadband RF design techniques and high-speed general-purpose DSPs needed for a flexible SDR designs exist, but both broadband RF design and high-speed general-purpose DSPs are EXPENSIVE.

    Even 50-100 years from now, we're going to still need the FCC to make sure that people's SDRs play nicely with each other, otherwise (as a previous poster mentioned) someone will fire up a multi-kilowatt spark gap attached to a microcontroller and call it a "smart radio".

    --
    retrorocket.o not found, launch anyway?
  79. Hmmm - What about fixed transmissions? by DaFrog · · Score: 1

    If the FCC is gone, who will try to ensure that local loop prices do not go thru the roof once MCI/Verizon and ATT/SBC mergers are finalized?

  80. Clueless author makes entire article suspect by MCRocker · · Score: 1

    I doubt that the author of the article has much of a clue about ANYTHING he wrote about and consequently distorted things so much that it is meaningless. It's probably a waste of time to discuss something that has been so horribly mangled because people are reacting to the author's errors.

    As the parent comment notes, he mis-represented what OSS was. There were plenty of other obvious errors, but I'd like to suggest that even the title and basic thesis are in error because it's not really open source software that is the key factor, but rather, low power, distributed, frequency hopping, spread spectrum, mesh networks.

    Heck, the guy even thinks that Apache is a mining company, so how reliable can the article be?

    --
    Signatures are a waste of bandwi (buffering...)
  81. How on Gods Green Earth...OSS??? by Zoobster · · Score: 1

    What the *!@#$^% does OSS have to do with FCC?

  82. Uh-huh by smvp6459 · · Score: 1

    Sure there's no signal interference. Tell that to my wireless router when the neighbor's microwave turns on.

  83. I call BS by elgatozorbas · · Score: 1
    If I understand TFA correctly the reasoning is that open source software allows you to use transmitters for something else than what the manufacturer intended them (e.g. other frequencies etc.). Why on earth would this make the FCC unnecessary? On the contrary: when everyone starts messing around modifying equipment this is an extra reason why there should be rules (and an organ to enforce them).

    This is exactly the same as saying we don't need highway patrol any more because you reprogrammed you car's internal computer so... yeah, what actually?

  84. Put censorship where it belongs by stealth.c · · Score: 1

    Morevoer, the individual control and decentralization available by the Internet and digital technology means that the censoring of content can be put in the hands of individuals by the creation of filters. There's a real problem with the media content we have flying around these days. Sex and lust messages are laced into radio, splattered on billboards, streaming through the TV constantly. This is skewing children and we have no way to control it. It is unfair and unconstitutional to censor to the necessary degree through a government agency. The Internet and the technologies that are involved in this new decentralized digital media can be used to censor on an individual basis. Parents can regain control again over what their children are exposed to, and we can maintain a free-speech society.

    The FCC should be finding ways to make its existence irrelevant, but we all know that the real mission of government agencies is to perpetuate themselves.

  85. Re:Of course not by shotfeel · · Score: 1

    That only means the FCC did a damn fine job of censoring the left one!

  86. There are other portions of the spectrum, you know by wireloose · · Score: 1

    While the airwaves are getting used more efficiently, the FCC is also responsible for other areas of spectrum management that aren't "computerized." For example, many portions of the spectrum are set aside for various types of civil and military radar. While radars are computer-controlled, I would NOT want my local air traffic controller to have to be sharing his spectrum with some junior wireless hacker.

    On the other hand, if someone wants to design a system that interferes with the same portion of the spectrum used by police radar guns, I'm not going to complain.

  87. No Need for Allocation? by kg4gyt · · Score: 1

    The FCC remains very much needed, without the coordination of frequencies, you may not be able to listen to the radio in your car, whether it be Satellite radio or local broadcast. Also, if frequencies were not managed then everyone would be constantly interferring with each other, police etc. There is actually a larger demand for spectrum space now than ever, and therefore the FCC is needed more than ever. There are intelligent radios, one just developed at Virginia Tech, however when there is a huge spectrum, there needs to be some managment, and in this case managment is a good thing.

  88. Not obsolete at all by pyite69 · · Score: 1

    The FCC still has a useful role to play in setting standards.

    However, they have become a force for censorship and actually limit access to media rather than enable more of it. It should be possible to get any channel from anywhere in the world, with good quality. There should also be thousands of TV and radio stations in every market, rather than the feeble number we have currently.

  89. Re:TRS-80 Model I by Anonymous Coward · · Score: 0

    I remember fondly tuning in to my TRS-80 on the Radio, and then typing away hearing every key press changing the static.... for all of 60 seconds.... before turning the noise off...

  90. Re:There are other portions of the spectrum, you k by Marxist+Hacker+42 · · Score: 1

    While the airwaves are getting used more efficiently, the FCC is also responsible for other areas of spectrum management that aren't "computerized." For example, many portions of the spectrum are set aside for various types of civil and military radar. While radars are computer-controlled, I would NOT want my local air traffic controller to have to be sharing his spectrum with some junior wireless hacker.

    True enough- but I imagine one day we'll be able to quite well using packet filtering. I know of at least one low-power radar system in use in the auto industry in Japan and the United States that uses this technique (each radar "ping" contains a 64 bit number- encoding the transmitter code and the time of transmission, making for a "smart ping" that contains all the information needed to figure out distance when it bounces back. Packets that have the wrong transmitter code are ignored).

    On the other hand, if someone wants to design a system that interferes with the same portion of the spectrum used by police radar guns, I'm not going to complain.

    Already exists but is illegal in most states. The states where it is legal are already using digital software packet rejection systems or laser range finders instead.

    --
    SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
  91. The article is a bit confused. by Qwertie · · Score: 0

    The FCC need not be abolished; its policies just need to change drastically. Whatever you may think of the censorship policies, spectrum usage rules will always be needed. It should be noted that while some radio technology is becoming more sophisticated (so that it can tolerate interference better, spacially direct transmissions, and cooperate with other devices), we can expect that certain technologies (e.g. analog radio on emergency frequencies) will have good reason not to change, and thus might continue to need the kind of protection that the FCC provides. Also, protection against jamming, excessive power use, and bad receivers (and non-radio devices) that cause interference, are still good things.

    It seems to me that the author of TFA has confused a lot of things. Open source per se is not a threat to established broadcasters, but many new technologies (both open and closed, hardware and software) are eliminating the need for the traditional broadcasting model.

    Contrary to the article, both developers and users can charge money for GPL software.

  92. Broadcasting unconstitutional? by bmetzler · · Score: 0
    "My goal is to do all of the work it takes to be explaining to the Supreme Court in 2025 why broadcasting is unconstitutional," says Moglen, who speaks in perfect, rolling sentences. "We have a long march to do, we have a lot of education to do, society has to catch up with our vision of the future, but we are going someplace and the only question is timing and skill in driving."

    Great, that's all we need to do. Outlaw broadcasting, and force the FBI to crack down on all those pirate broadcasters with FM transmitters. Good Lord, I thought we wanted to expand low-power FM broadcasting, not outlaw it. And the War of Drugs seemed bad. Now Moglen wants a War of Broadcasters. lovely!

    Should the FCC try to crack down, the hackers have a powerful weapon: The First Amendment. An offshoot of the Free Software Foundation called GNU Radio is developing a new generation of radios and TV receivers that use software for just about everything except the antenna and the power source. The FCC can prohibit manufacturers from selling radios that transmit on illegal frequencies, but it would have trouble shutting down a Web site distributing software that does the same thing.

    Websites, schmebsites. How's a website going to stop an FBI raid on your home because you are broadcasting illegally? This isn't about prohibiting manufacturers from selling transmitters that can tranmit on illegal frequencies, it would be about the consumers who broadcast on them. Getting something off of a website isn't going to keep the law off your back. Stomping on someone else's frequency isn't a first amendment right

    But Moglen believes his First Amendment arguments will trump such objections. Not only will the government have difficulty prosecuting millions of consumers using open-source radios to broadcast on unauthorized frequencies, he says, but the very act of using the airwaves in that manner will make it harder to defend the monopolies granted broadcasters like Fox.

    That's what this is, isn't it? An attempt at some civil disobedience to destroy Fox. Ah, what a pleasant world Moglen fights for.

    -Brent
  93. Ah yes, Get rid of the FCC by Anonymous Coward · · Score: 0
    Ah yes, get rid of the FCC. Then I can buy up some of those half-a-megawatt AM transmitters they have down in Mexico and make everyone listen to my talk radio show. Heck, I'll be running so much power, you'll hear me on your iPods, your intercom at work, and even coming out your shower head.

    Ditto FM and my musical tastes. Perhaps 10 megawatts ERP on a 14,000-foot mountain should let me indulge my musical meglamania. Heck, why not have several and blanket the West coast and the Rocky Mountain region? If I settle for lower mountains, the East coast is mine too. Round the clock Lawrence Welk for everyone!

    As for WiFi, there's got to be a way a hunking big multi-megawatt radar magnatron could be properly pulsed for digital data. Get a 300-meter dish, point it at the moon, password protect it so nobody but me can have access, and I'll have WiFi over about 1/3 the planet. Of course, no one who's not at least 100 feet underground will have WiFi when I do, but what the heck.

    Yes, I can see there are good reasons to end the FCC's interference with my royal prorogatives. As my wife Marie Antonette puts it, "Let the poor use cables."

    Heavily shielded cables I might add.

    --King Louis XIV, "The Spectrum, It is We"

  94. TFA is wrong by jonbryce · · Score: 1

    It says that the GPL is "a subversive bit of lawyering that turns property law on its head by prohibiting the users of open-source software from charging money for it".

    That, as anyone who is familiar with the GPL, and with RMS's views, is completely wrong. You can charge money for it, many people do, and RMS thinks this is a good thing.

    1. Re:TFA is wrong by The+Original+Yama · · Score: 1

      Yes, the article is very wrong. I gave up reading once I had read that part.

  95. Prohibited from charging money!? by Anonymous Coward · · Score: 0
    ... the General Public License, a subversive bit of lawyering that turns property law on its head by prohibiting the users of open-source software from charging money for it.

    Daniel Fisher really needs to do his homework. Sheesh.

    DoesTheGPLAllowMoney

    Can anyone provide a link to the dilbert comic where Scott Adams notes that it is a good thing engineers don't build nuclear power plants that only look like they would work?

  96. Heck Lets Bypass OSS & Use Toasters To Ban F by Halvy · · Score: 0

    Or unmodulated (unfiltered) other assorted goodies from around the house!!

    Come on folks, be creative, this can be fun!!

    I mean, all 'WE' have to do to make the Fcc scumbags quit, is to make them VERY borde at their jobs!

    And we do that by making the imbicles realize that they lack the ability to control even a small fraction of the 6.5 billion of us!

    And we do that by taking the shielding off different appliances around the home!!

    Meanwhile, the 'white hats' over at:

    http://www.gnu.org/software/gnuradio/doc/exploring -gnuradio.html

    will be working hard on ways for ALL of us to use the (our) airwaves LIKE IT CAN BE & LIKE IT SHOULD BE!!

    LOL!!

    --
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    It is simply: 'Set Up'.

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  97. Why not? by Anonymous Coward · · Score: 0

    Geeze, I remember reading about the possibilities of Open Spectrum something like four years ago. Unless people were just making things up the whole time, my understanding is that yes, of course the FCC is obsolete. The catch is, usually if something is obolete the response is to upgrade rather than discard it. So the FCC's frequency allocation powers should be swapped out for a standards enforcement policy, and broadcasters can be licensed the way drivers are licenced.

    Personally, I hope he's planning to make arguments and ask that the Supreme Court force a reworking of the FCC to be completed no later than 2025. Waiting until 2025 to even make the case seems like a huge waste of time to me.

  98. Hey, we're *your* FCC! by Anonymous Coward · · Score: 0

    Narc.

  99. Cheaper than building a Spark Gap Generator by Anonymous Coward · · Score: 0

    Straighten out a coat hanger and stick one end in a microwave oven.

    Set it on "HIGH" and run.

  100. first pr0n by Anonymous Coward · · Score: 0

    that was my first look at porn,like 8~10 years old, around then, looking at national geographic magazine when I was a kid. Every month I'd wait for the next issue, hoping that somehow automagically sweden or someplace like that would have become a third world country so explorers could go explore there and send back pics of "native tribeswomen" prancing around in feathers and a smile.

    pretty funny thinking back about it

  101. Overdriven Signals by nurb432 · · Score: 1

    We have a station here that does this on a regular basis ( and gets fined ), so it looks like the answer is yes, the FCC is still relevant.

    If they were to dissapear, it would result in radio-kaos. Broadcast TV, ham radio, wi-fi, emergency radio, you name it.

    --
    ---- Booth was a patriot ----
  102. shortsighted rhetoric - 'oh the ambulances...' by Anonymous Coward · · Score: 0

    Without regulation communications devices would have to overcome these obstacles to be profitable/adoptable. Your phone, tv, wireless card, emergency services would automatically find a clean channel, or gaps on a noisy one, or transmit redundant information on a multiple frequencies to handle collisions with similar intelligent devices.

  103. Re:There are other portions of the spectrum, you k by wireloose · · Score: 1

    Yes, I already knew about the auto radar issue, it was just (perhaps too) dry humor. Remember that open-air laser transmission (as opposed to fiber-enclosed) is also a spectrum that the FCC regulates.

    On the civil and military radar for aircraft, the radars have different scanning rate abilities. Radar is not all doppler frame-based. Different power transmission envelopes and sweep mechanims allow for varying signal rates from a single source. Working within a narrow band spectrum requires TDM, just like 802.3. However, signal return time, distance, and reflection aspects make sharing a narrow band like this difficult at best. There are methods, but none are truly effective at this time.

    Also, I certainly wouldn't want to be transmitting in the same frequency range that an enemy surface-to-air missile's guidance radar uses. Then I would just be a target for an incoming military anti-radiation missile.

    Regardless of the technology expansion, there will still be a need for the FCC and for control of a lot of spectrums.

  104. The entire article is stupid by Anonymous Coward · · Score: 0

    Should the FCC try to crack down, the hackers have a powerful weapon: The First Amendment. An offshoot of the Free Software Foundation called GNU Radio is developing a new generation of radios and TV receivers that use software for just about everything except the antenna and the power source. The FCC can prohibit manufacturers from selling radios that transmit on illegal frequencies, but it would have trouble shutting down a Web site distributing software that does the same thing.

    So, basically you're saying that we should disband the FCC because you can get software-configurable hardware and make a tranciever out of it and broadcast at reserved frequencies?

    The spread of open source is a threat to established broadcasters, not to mention cellular telephone companies and other holders of FCC licenses.

    So really OSS is a threat to licensed frequencies, in which any ass hole can broadcast any garbage they want? Nice society... thank's guys.

    The article's headline is stupid. FCC becoming irrelevant because jerks now want to illegally broadcast whatever they want? It's like saying cops are now irrelevant because people want to steal things.

    What it seems to me is that OSS people are becoming ass holes, in which they want to do whatever they want, whenever they want, just because they "think" they can.

    "Code is speech."

    No, code is a technical document. Same with blueprints. Get out of your fuckin fantisy land.

  105. As an Eagle Scout.... by SonicSpike · · Score: 1

    I would have to say that the free market is able to handle itself.

    However, I do think that at this point in time it would be impractical to completely eliminate the FCC. Think of it like driving on the roads - no we don't HAVE to have trsffic laws, but if we didn't there would be sooooooo many lawsuits it would be insane.

    My libertarian views are such that I know things will usually work themselves out. However libertarian =| anarchy and there still need to be some basic laws in place to prevent chaos.

    With that being said, I think the FCC could be downsized by AT LEAST 20-40$. The rest of the federal gov could be downsized as a whole by 80%!

    --
    Libertas in infinitum
  106. music? by tepples · · Score: 1

    [On the amateur radio bands, a licensee] can do practicly anything, including video and several digital modes on the HAM bands, most of the restrictions only being there to reduce interferance, etc.

    Then what's the purpose of the FCC's ban on music over ham radio? Is it to reduce "interferance" (sic) with the RIAA's marketing efforts?