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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.'"

8 of 256 comments (clear)

  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!

  2. 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?

  3. 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.

  4. 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.

  5. 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?

    --
    -=JML=-
  6. 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
  7. 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.

  8. 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.