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The $10 Billion Poker Game Begins

Hugh Pickens writes "Monday was the deadline for potential bidders to file with the Federal Communications Commission over the auction of the 700-megahertz band, a useful swath of the electromagnetic spectrum that is being freed up by the move to digital television. Once bidders file they become subject to strict 'anticollusion' rules that in effect prohibit participants from discussing any aspect of their bidding until the auction is over. The next official word will be late December or mid-January, when the FCC announces who has been approved to bid. The auction will start on January 24. Participants will use an Internet system to enter bids on any of 1,099 separate licenses that are being offered (pdf). Most coveted seems to be the C block, 12 regional licenses that can be combined to create a national wireless network. This is the spectrum Google is presumed to be most interested in. The bidding will be conducted in a series of rounds (pdf)."

169 comments

  1. Oh boy! by scubamage · · Score: 1, Funny

    I'm excited!!! Hopefully we'll actually see some genuine competition between these giants.

    1. Re:Oh boy! by LWATCDR · · Score: 1

      You know Sprint, Verizon, and AT&T are pretty much going at it tooth and nail.
      Of all of them I still think Sprint is one of the most open. Compared to Verizon they are super open.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    2. Re:Oh boy! by Kazoo+the+Clown · · Score: 1

      Dream on. Verizon will probably get it, after placating Google with feiged interest in the Android, enough for Google to decide to underbid in exchange-- either that or Google won't qualify at all at the last minute on some "technicality" cooked up by the FCC...

      You have to realize that the US government doesn't want this as open market telecom would likely make their mechanized eavesdropping much more expensive...

    3. Re:Oh boy! by Workaphobia · · Score: 1

      It doesn't matter what the NSA wants; this auction is (hopefully) being run by the FCC, which for all their faults appears genuinely interested in obliterating the stagnated status quo.

      --
      Evidently, the key to understanding recursion is to begin by understanding recursion. The rest is easy.
  2. i'll go first by Anonymous Coward · · Score: 1, Funny

    all in

    1. Re:i'll go first by Archangel+Michael · · Score: 3, Funny

      Hardly threatening, since you can't even match the Ante, let alone the small blind.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    2. Re:i'll go first by jank1887 · · Score: 1

      well, are you playing with an ante or a blind? c'mon.

    3. Re:i'll go first by johny42 · · Score: 0

      Don't worry, it's a bluff.

    4. Re:i'll go first by Marvin01 · · Score: 1

      Sorry, the river was an 'O', Google wins with a full house.

    5. Re:i'll go first by XHIIHIIHX · · Score: 1

      I'll see your all in and raise one googlebuck.

    6. Re:i'll go first by Anonymous Coward · · Score: 0

      Lots of games have both

    7. Re:i'll go first by CRWeaks23 · · Score: 1

      In large tournaments, antes and blinds are both used.

    8. Re:i'll go first by jank1887 · · Score: 1

      /me takes his small stakes ass home...

  3. Enforcement mechanism by UbuntuDupe · · Score: 4, Interesting

    Once bidders file they become subject to strict 'anticollusion' rules that in effect prohibit participants from discussing any aspect of their bidding until the auction is over.

    It's very hard to prove that you did not collude with someone. If AT&T wins, and a year later it turns out they had a secret deal with Verizon, what happens? Will the license be revoked? Or will AT&T successfully argue about the need to "put the past behind us"?

    1. Re:Enforcement mechanism by MosesJones · · Score: 4, Insightful

      Depends on the rules, but certainly when the UK government did a similar exercise around 3G (raising masses of cash in the process) the penalty was pretty strict. There is no reason why the penalty couldn't be "we keep the money and take back the license selling it to the 2nd placed bidder".

      Remember officially the government "own" this stuff so they get to define the terms that they want.

      --
      An Eye for an Eye will make the whole world blind - Gandhi
    2. Re:Enforcement mechanism by davidsyes · · Score: 1

      No, they will just find out why there were *1,099* licenses. Obviously, the government KNOWS someone will collude, and when found out, these "*collusionists*" will learn what a Form 1099 is for.

      "Those who receive 1099 income come from a wide spectrum."

      http://www.wisegeek.com/what-is-a-1099-form.htm

      The government knows how to play poker, too...

      --
      Previously: "Linux... Toward the Sunrise..." Now: "Linux... Toward the-- No, now, part of Every Sunrise"
    3. Re:Enforcement mechanism by Anonymous Coward · · Score: 0

      Remember officially the government "own" this stuff so they get to define the terms that they want.
      The idea that the government "owns" the spectrum is a fundamental part of the problem. The people "own" the spectrum, the government is supposed to be getting us the best deal, in terms of both money and freedom. Good luck with that actually happening. The profits will be privatized and the losses socialized.
    4. Re:Enforcement mechanism by JeffSchwab · · Score: 1

      "The government" is led by individuals whose election campaigns are supported by large corporations, and by the private individuals affiliated with those corporations. As we Americans continue to mistake capitalism for freedom, the line between our government and private industry continues to blur.

  4. Well if there are bets being placed... by yamamushi · · Score: 2, Insightful

    I'm betting google will come out with everything it intended to.

    --
    - Aetheral Research -
    1. Re:Well if there are bets being placed... by houstonbofh · · Score: 1

      I'm betting google will come out with everything it intended to.

      The question is what does it intend? Do they really want national spectrum, or are they just trying to drive up the price to financially cripple competitors?

    2. Re:Well if there are bets being placed... by scubamage · · Score: 1

      Who cares, either way my stock goes up, and ma bell and her babies get a swift kick in the teat. Its win win!

    3. Re:Well if there are bets being placed... by Alpha830RulZ · · Score: 2, Insightful

      It's very clear what they wanted. They demanded an open standard in order to even enter the bidding. The government caved, and so Google doesn't need to win the bidding in order to win. See http://seattlepi.nwsource.com/business/342160_googleauction04.html This way they get to play, and they don't need to build and manage a network. Best of all, the consumer wins, too.

      --
      I was taught to respect my elders. The trouble is, it's getting harder and harder to find some.
    4. Re:Well if there are bets being placed... by Isauq · · Score: 1

      No, they demanded four terms, to which the two with the least effect were given (open spps and open devices). There's yet work to be done, because having these without the others would seem to be an open license to exploit people who would try to utilize open apps on open hardware. "You want a smartphone and a map application that isn't ours? All right, but it's going to cost you."

      --
      RTFM
  5. Bogus by Zebra_X · · Score: 2, Insightful

    This whole "bidding" process on the spectrum doesn't create compeition, it makes the government money. If it were truly competitive there would be no fee for spectrum use. Instead we are left with a new spectrum with someone spending billions of dollars to "own" it.

    Lame.

    I'm also skeptical that this can become a useful resouce in a reasonable amount of time. It's great that Google et al buys up spectrum, but what about build out? How long is that going to take? What about radios? It's probably not that much of a change from current technology but it takes time.

    Also, can the radios that use this network roam gloablly?

    What would be cool is if Google bought it and let everyone "use" it.

    1. Re:Bogus by snarkh · · Score: 4, Insightful


      So if there were no fee to use the spectrum, how would you choose the winner?
      You cannot just let everyone use it -- there would be a lot of interference.

    2. Re:Bogus by thrillseeker · · Score: 1

      You cannot just let everyone use it -- there would be a lot of interference.

      This is what CDMA excels at.

    3. Re:Bogus by Chandon+Seldon · · Score: 1

      Assuming the existence of a free-market economy, an auction is an *excellent* way to allocate a limited resource.

      In order for spectrum auctions to be a bad idea, we would either need to have a non-free market or spectrum would have to be a non-limited resource. There are excellent arguments for both of those claims, but you'd have to make one of them for your point to be correct.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    4. Re:Bogus by snarkh · · Score: 1


      Still, every technology has a limit on its capacity. You can only push so many bits through a channel before they become mashed together.

    5. Re:Bogus by teh+kurisu · · Score: 1

      The experience from the sale of 3G licences in the UK is that the bidding process put the winners in such a bad financial situation that they couldn't proceed with the rollout of 3G services in the expected timescales. The public purse might have swollen, but consumers definitely lost out.

      There's also the sad reality that the spectrum is divided among a handful of big players. Auctioning the spectrum works against small, innovative players.

    6. Re:Bogus by davidsyes · · Score: 1

      There'd be "interference" with cash flow, too. That's why the governments are playing Form 1099 Poker via the "internets"... They want to suck from the tubes all the spectrum income flow they can get... What an udder shame...

      --
      Previously: "Linux... Toward the Sunrise..." Now: "Linux... Toward the-- No, now, part of Every Sunrise"
    7. Re:Bogus by Red+Flayer · · Score: 2, Interesting

      Assuming the existence of a free-market economy, an auction is an *excellent* way to allocate a limited resource.
      No, a free-market economy precludes auctioning off a public resource to be used by a single entity. The US government is not auctioning off a good, they are auctioning off the right of use for a good theoretically available to all. By definition, this is not free-market. A truly free-market stance would open up the spectrum to all, and let the strongest signals win.

      This is not to say that I don't think it's the best course of action (I'm not nearly knowledgeable enough about spectrum auctions and that market to make that call), but by definition it is counter to the principles of a free market.

      This also in no way resembles the activity in an ideal free market, which is something different and not to be confused with free-market idealogy. There is restriction on supply, there are barriers to entry, and there is less than perfect information about the market available to the actors within it.

      In order for spectrum auctions to be a bad idea, we would either need to have a non-free market or spectrum would have to be a non-limited resource.
      It is a non-free market; it is government restrictions that prevent participants from acting at will for each of the spectra. Government, in this case, dictates the terms of use for the spectra -- how is this free-market? As for a non-limited resource, again it is government action that limits the resource. Were the spectra open to all, it would in effect be a less-limited resource than now. If one buys into the theory that a free market results in the most efficient allocation of resources, the best course of action would be to open up the spectra, correct?
      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    8. Re:Bogus by edmicman · · Score: 5, Funny

      What an udder shame...
      That's a moo point. It's like a cow's opinion. It just doesn't matter. It's moo.
    9. Re:Bogus by Stewie241 · · Score: 4, Interesting

      A truly free-market stance would open up the spectrum to all, and let the strongest signals win.
      O gee... that's a brilliant idea! We'll have cell towers broadcasting over each other. Ever been in a midway point between two radio stations broadcasting on the same frequency? Sure, the phase locked loop will lock on one or the other, but what happens when you pass off from one cell to another and there is no way to guarantee that you will get picked up on the next cell. There is also no guarantee that in the middle of the conversation somebody else won't power up stronger and your call will get dropped.

      Add to that the fact that the spectrum license presumably would include limits as to transmission power for safety and other reasons. Let's just shoot very very high power microwaves every where and see what happens.

      Strongest signal wins doesn't work in the cell phone/wireless industry. Otherwise, the company with the most money could just put up signal generators cranking out radio waves to prevent anybody else from using a channel until they were ready to roll out infrastructure.

    10. Re:Bogus by Chandon+Seldon · · Score: 1

      That's like saying that you can't have a free market when people own land. Exactly the opposite is true. A free market is only a meaningful term in the presence of property rights - without property rights there is no market. Any property right is a government (or societal) restriction.

      The question is which set of government restrictions is most socially beneficial.

      Interestingly, having a free market in some areas makes it impossible to have a free market in others - which makes an ideal free-market world impossible.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    11. Re:Bogus by JesseMcDonald · · Score: 1

      A truly free-market stance would open up the spectrum to all, and let the strongest signals win.

      Close, but not quite. A "truly free-market" system would protect existing users of a radio channel (frequency/bandwidth/location) from interference by newcomers. This is the homesteading principle applied to radio (or radio-sensitive devices, if you prefer). What you describe -- "let the strongest signal win" -- is a complete absence of property rights relating to radio and electronic interference, and in the absence of property rights there is no market, free or otherwise.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    12. Re:Bogus by Red+Flayer · · Score: 1

      A "truly free-market" system would protect existing users of a radio channel (frequency/bandwidth/location) from interference by newcomers.
      Absolutely false. Artificial barriers to entry are anathema to both an ideal free market and to the free market ideology. This is free market economics 101.

      You make the assumption that radio spectra are equivalent to land, that property rights should apply. Your point is only valid if this assumption is true -- but it doesn't need to be true. We do not inherently need to assign property rights to the spectra.

      The spectra market is tied to the communications market (this is the last definable single end use of the spectra). By assigning property rights to the spectra, you then are restricting the communications market, in violation of free market principles.
      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    13. Re:Bogus by Red+Flayer · · Score: 1

      Interestingly, having a free market in some areas makes it impossible to have a free market in others - which makes an ideal free-market world impossible.
      An ideal free market is impossible anyway, since it requires full knowledge of the market by all participants. My point (thanks for catching it!) is that a free-market stance on spectra precludes a free-market stance on communications via those spectra, since allowing ownership of the spectra constitutes restrictions on how spectra are used.

      I'm definitely not a free-market idealogue. I wanted to make the point that if you take free markets as the ideal, legislating a "free" market in one related good often restricts the market for another.
      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    14. Re:Bogus by Red+Flayer · · Score: 1

      Thanks for getting my point. You didn't notice the tongue-in-cheekiness of my post? "If one believes"... I thought this would be enough to make it clear that I don't beleive that...

      I believe regulation is necessary, and was making the point that to bring free market ideology into the spectra question is filled with problems, since extending the free market ideology further results in useless spectra. I was taking the GP's idea that the free market is the answer by taking it to it's natural conclusion.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    15. Re:Bogus by Intron · · Score: 1

      Not quite:

      A free-market economy precludes auctioning off a public resource to be used by a single entity without compensation.

      In this case, how did the government acquire ownership of the spectrum? Did it buy it from somewhere? Why should the government keep the fees for taking and selling a public property?

      --
      Intron: the portion of DNA which expresses nothing useful.
    16. Re:Bogus by JesseMcDonald · · Score: 1

      You make the assumption that radio spectra are equivalent to land, that property rights should apply. Your point is only valid if this assumption is true -- but it doesn't need to be true. We do not inherently need to assign property rights to the spectra.

      Absolutely false. You are arguing against a straw man, not knowing my true position on the matter.

      For the record, my position is that (a) as you say, radio spectra are not property, and thus not subject to ownership; and (b) radio-sensitive devices are property, subject to ownership, and new electromagnetic emissions which interfere in the operation of such devices infringe on the owner's property right in the device itself.

      Consider for a moment the extreme case of operating an EMP device directed at someone else's property, with the effect that their equipment is disabled by the extreme electromagnetic emissions. The property rights violation in this case is clearly that you have created a signal which destructively interferes with their property. Scale that down a bit and have my position on radio interference: if someone has a radio-sensitive device, and your transmission interferes in its operation -- perhaps by overpowering an existing FM station they have traditionally been able to receive clearly -- then you are infringing upon the property rights of the owner of that radio receiver. (The broadcaster would have no claim, since you're not interfering with their equipment, but they might choose to assist the receiver in ending your interference.)

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    17. Re:Bogus by Red+Flayer · · Score: 1
      Heh. You've got to define the spectra as property first, then everything falls into place.

      Why should the government keep the fees for taking and selling a public property?
      The government is the people (snort!). By allowing the government to keep the fees, we're offsetting another expense, so we're getting the money by not having to borrow those funds or raise taxes for whatever they get spent on.
      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    18. Re:Bogus by cheater512 · · Score: 1

      Ok say one company uses CDMA and the rest dont.
      Doesnt improve anything. Without firm rules about who owns what, the air becomes worthless.

    19. Re:Bogus by Anonymous Coward · · Score: 0

      I know this is a joke from Friends. But, strangely he was very close to being correct as there is a word, Mu, which roughly translates to "none" or "without".

    20. Re:Bogus by Red+Flayer · · Score: 1

      You are arguing against a straw man, not knowing my true position on the matter.
      No, it's not a straw man. Your argument was based on that assumption; I do not believe the assumption is valid. To quote again:Blockquote>A "truly free-market" system would protect existing users of a radio channel (frequency/bandwidth/location) from interference by newcomers. Maybe I should have asked you to define "users" since now that apparently only means receivers...

      As for your true position, you are essentially granting squatters' rights to radio spectra receiving capability? Please correct me if I misunderstand.

      Also to go back once again to that original response:

      What you describe -- "let the strongest signal win" -- is a complete absence of property rights relating to radio and electronic interference, and in the absence of property rights there is no market, free or otherwise.

      Market for what? For spectra? For broadcast or receival rights? For communication potential? Only by defining the commodity can we begin to discuss the terms of the market in question. It seems to me that we're discussing different markets, and what may enable a free market for one commodity (like your example of the market for receival rights) can cripple the free market of another commodity (for example, broadcast rights as per what was originally being discussed in this thread).

      This was really what I was trying to get at with my original post -- I should have spelled it out in block letters, I guess. A truly unfettered marketplace leads to some rather un-free markets.
      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    21. Re:Bogus by JesseMcDonald · · Score: 1

      No, it's not a straw man. Your argument was based on that assumption; I do not believe the assumption is valid.

      I still maintain that your argument was directed at an assumption you read into my comment, that I was claiming that property rights exist in radio spectra, which is not what I had intended to portray and which I never said directly. A prohibition on transmissions which destructively interfere with existing users (transmitters and receivers) based on their property rights in their equipment is no less protection of users than than property rights in the spectra itself would be. However, I can see how there could be a misunderstanding on that point. In the end I suppose it really doesn't matter whether it was a straw-man argument or not. Moving on...

      Maybe I should have asked you to define "users" since now that apparently only means receivers...

      By "users" I mean both transmitters and receivers. However, only the receiver is damaged directly by an interfering transmitter, so only the receiver can authorize legal action against the newcomer. The right is in the use of the device, not the spectra itself; the transmitter can keep transmitting despite the newcomer, but the receiver can no longer receive the intended signal with their device.

      As for your true position, you are essentially granting squatters' rights to radio spectra receiving capability?

      Certainly, if by "squatters' rights" you mean good, old-fashioned homesteading, the only way to establish a property rights in the first place. The idea is quite simple: the use of a resource in a certain way over time confers the (property) right to continue using it in that same way in the future.

      When you homestead something you must accept any pre-existing environmental conditions; you cannot force existing owners to alter their use of their property to suit you. Conversely, once you've homesteaded something others cannot change those environmental conditions relevant to your use of your property without your consent.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    22. Re:Bogus by Red+Flayer · · Score: 1

      However, only the receiver is damaged directly by an interfering transmitter, so only the receiver can authorize legal action against the newcomer.
      So someone broadcasting for commercial gain is not directly damaged by an interfering transmitter? They have been using that spectrum to communicate, yet when their transmission is overwhelmed by another broadcaster, there is no problem with that?

      The idea is quite simple: the use of a resource in a certain way over time confers the (property) right to continue using it in that same way in the future.
      This precludes the notion that someone can purposely not use the property in question; then anyone who comes along and uses that property could claim that they are "homesteading". How does one mediate claims of intentional disuse against claims of "homesteading" rights?
      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    23. Re:Bogus by JesseMcDonald · · Score: 1

      So someone broadcasting for commercial gain is not directly damaged by an interfering transmitter? They have been using that spectrum to communicate, yet when their transmission is overwhelmed by another broadcaster, there is no problem with that?

      This shouldn't be that hard to understand, particularly since it's so close to you own views. The spectrum is not owned. The ability to communicate is not owned. The equipment is owned, and any signal which alters the operation of any equipment is an infringement on the owner's property rights in the equipment. The operation of a transmitter is not typically impacted by the presence of other transmitters, even ones that cause interference. The operation of a receiver is altered by the presence of any transmitter. If the transmitter's signal preexists the use of the receiver then the receiver must accept the presence of that signal; if the receiver's use preexists the transmitter then the transmitter must ensure that the receiver is not impacted by the transmitter's signal.

      To cast this into somewhat more familiar terms, let's say I buy some property adjacent to yours. If I were to erect a spotlight and aim it at your property, that would be an infringement of your property rights and you would have every right to make me stop doing that, if you wished to do so. On the other hand, if I were there first, and I already had a spotlight trained on that area -- perhaps for security reasons -- then in buying that property you would have to accept the presence and use of the spotlight to the same extent it had been used in the past. However, the right to operate the spotlight does not imply the right to have the light reach its intended destination: you would be justified in erecting a wall on the edge of your property to block the light if you so chose.

      This precludes the notion that someone can purposely not use the property in question; then anyone who comes along and uses that property could claim that they are "homesteading". How does one mediate claims of intentional disuse against claims of "homesteading" rights?

      I should have made myself a bit clearer; by "use" (a specialized term in this context) I mean any intentional purpose to which property can be put, including use as a nature preserve or whatever. You don't have to strip-mine the area to claim it as your own. The main thing is that you have to take responsibility for it; if you're operating a preserve and some creature escapes from it, or fire spreads from it (etc.), then you, as the owner, would be accountable for any damage that results, whereas if the same happened with unowned land no one would be responsible. Most would also argue that you need to delineate the borders somehow, so that people know when they're trespassing, and that there needs to be some degree of connection between you and the property you're homesteading beyond simply making an unsupported claim. (E.g. for a nature preserve, actually having been there for a reasonable period of time -- more than just passing through -- would probably be considered important.)

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    24. Re:Bogus by Red+Flayer · · Score: 1

      The operation of a receiver is altered by the presence of any transmitter.
      Not really. The receiver still operates exactly the same way, it's just that there are more/less/different radio waves for it to receive. If you define the content that is being received as integral to the operation of the receiver, then you're really talking about [receiver + content] as what has ownership ascribed to it, in which case the same principle applies to those transmitting that content.

      Most would also argue that you need to delineate the borders somehow, so that people know when they're trespassing, and that there needs to be some degree of connection between you and the property you're homesteading beyond simply making an unsupported claim.
      So how does one delineate borders when discussing spectra? And for real property, how does one substantiate borders? Is some sort of government/community oversight required to mediate disputes, or does the mightiest win? How about regulation as a solution?

      I think the problem here is that you're trying to ascribe traditional property rights theory to something that inherently cannot be divided into parcels. Once you define an abstract mechanism of delineating ownership rights, it becomes a debate about what abstract method to use.

      As for the spotlight example:

      According to your view of radio spectra, I shouldn't be able to build a wall. It would interfere with light reaching your property, which equates to someone interfering with your "right" to receive previously operating radio broadcasts. I also shouldn't be able to build a fence, or house, or any other structure that obscures light (or any other form of matter/energy) from reaching your property. Futhermore, the wall might reflect some of your broadcast light back onto your property -- in clear violation of your property rights, since it is equivalent to me erecting my own spotlight and shining it on your property.

      What I'm getting at is that if you drill down your theory of property rights to it's most basic level, it breaks down -- no one can do anything since it will infringe someone else's rights. So then what is left to decide is where we draw the line of what the acceptable intrusion on someone else's rights is, for the good of the community/state/world. I do not believe that people should have the right to be freedom from interference at any level (especially, since that equates to no freedom for everyone).

      Furthermore, by broadcasting at the same frequency as someone else, I am not destroying or interfering with the waves that reach your property. They still get there[1] -- your receiver still picks up those waves -- even if your receiver lacks the ability to filter out the waves someone else has created. The second broadcaster has not changed one bit how your receiver operates.

      To get deeper into what I believe, one of the issues is that optimal usage of resources is not best served by squatters' rights. Having a standard frequency for a global or national service is more efficient than being forced to use different frequencies for fear of interrupting someone else's signal every 20 miles. This is why spectra are set aside for single uses, and I think it is necessary and just. Otherwise, you get the equivalent of domain squatters, or speculators, that will camp a frequency in an area just to try to force the hand of $WIRELESSCO into paying them exorbitant amounts of cash. This serves no one.

      [1] Not to get into wave cancellation, which could theoretically apply. But, one could always diff the signals with sensitive enough equipment.
      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    25. Re:Bogus by JesseMcDonald · · Score: 1

      It's like you're deliberately missing the point here. I'm not sure how much clearer I can make this.

      The operation of a receiver is altered by the presence of any transmitter.

      Not really. The receiver still operates exactly the same way, it's just that there are more/less/different radio waves for it to receive.

      This doesn't just apply to radios; it's a general theory of how property rights apply to arbitrary emissions by one person interacting in any way with another person's property. The content of the emissions -- or lack thereof -- is irrelevant. If I have a radio set to an open channel, listening to the background noise of the universe, and you open a transmitter broadcasting a sine wave, then the interaction of your signal with my radio is an infringement on my property rights in the radio, one for which damages would apply -- hard-to-define damages, but damages nonetheless. If I had a stone in my yard and you started operating a transmitter, that would technically infringe on my rights in the stone -- but there could be no damages, since the stone isn't at all sensitive to radio emissions and there is thus no way the signal passing through the stone could affect me.

      So how does one delineate borders when discussing spectra?

      If you haven't gotten it by now you probably never will, but there simply are no borders in spectra. As I've been saying all along, there are only borders in real property, and ways in which emissions (including radio signals) may affect the physical objects inside those borders.

      And for real property, how does one substantiate borders?

      I don't know, how about putting up a fence? Or you could always stand at the border and tell people where your property starts. Or put up signs. Seriously, this is a long-solved issue. The only criteria is that you have to be able to say "this is my property" such that other people know what "this" refers to -- what's inside it and what's outside it. There's some measure of "community standards" in how property is customarily embordered in any given area, but any system which effectively and rationally communicates the difference between your property and everything else will serve.

      Obviously this is referring to land, mainly. Most other things have inherently clear borders; an apple's borders, for example, are clearly at the surface of the apple, and the same applies to most man-made objects. Some areas where borders are harder to delineate are water and air. This doesn't mean that they can't be owned, only that one has to be rather clearer than usual when defining the borders, and put some thought into what kinds of borders make sense. For fishing rights, for example: are you claiming a particular geographic region of ocean, or a particular school of fish, or perhaps some combination of the two? This is an area where there isn't as much well-known precedence to fall back on.

      What I'm getting at is that if you drill down your theory of property rights to it's most basic level, it breaks down -- no one can do anything since it will infringe someone else's rights.

      Which is why I'm not saying that property boundaries should be considered absolute. All sorts of things can affect other people's property, directly or indirectly, intentionally or unintentionally. Most of these interactions can be -- and are -- safely ignored. Only damage resulting from a property right violation matters, because any response will be limited in proportion to the damage inflicted. If you strictly avoid passing the boundaries of other people's property then, by definition, you cannot cause any damage or incur any debt of restitution or retribution. That is the safe route. However, you can cross those boundaries provided you are careful not to interfere wi

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    26. Re:Bogus by tehcyder · · Score: 1

      A truly free-market stance would open up the spectrum to all, and let the strongest signals win.
      That's one of the best anti-libertarian arguments I've ever seen.
      --
      To have a right to do a thing is not at all the same as to be right in doing it
    27. Re:Bogus by Red+Flayer · · Score: 1
      I understand perfectly your POV, that's not the issue. I just don't believe it holds water; I believe it is arbitrary and doesn't serve the public interest.

      then the interaction of your signal with my radio is an infringement on my property rights in the radio

      This is the arbitrary association that I have problems with. If your property rights in the radio include status quo of your environs wrt radio-detectable emissions, then this is a recipe for stasis. It's not that I don't understand your point; I just feel it is fatally flawed. How can one act without infringing someone else's rights if their property rights include the right to observe everything in it's original state?

      I don't know, how about putting up a fence? Or you could always stand at the border and tell people where your property starts. Or put up signs. Seriously, this is a long-solved issue.

      I agree it's long-solved. But the very act of putting up a border violates someone else's rights according to your theory. My point is that it wasn't solved according to your model, it weas solved according to a different model -- that of absolute real property rights that don't extend well to EM transmissions. I wasn't asking, literally, how do you delineate property boundaries -- I was asking how you delineate them in your model without interfering with your neighbor's right to observe the spectra unchanged[1].

      Only damage resulting from a property right violation matters, because any response will be limited in proportion to the damage inflicted

      Well, that's where we have a dispute. In essence, you're saying that people's property rights are violated all the time, but it doesn't matter since no damage is incurred. People are willing to exchange goodwill or other intangibles for allowng someone to violate their rights. Or are you saying that property rights only include the right to not incur damages? Say you have some lawn ornaments I like, and you go away on vacation. While you are gone, I put the ornaments on my lawn and brag to my friends (who you do not know) about them. No one else observes our lawns while you are away. I return them before you get back in exactly the same condition. Have I violated your property rights?

      Three misunderstandings here: (a) the person building the wall was the new property owner, not the person operating the light, and there was no one else in the scenario at the time to object to the blocking of the light; (b) I don't have a "'right' to receive previously operating radio broadcasts", I have a right to the use of the radio without unwanted interference dating after my initial use of it; and (c) only positive actions incur damages; if the light-owner were to turn off the light, or block it, such that they were simply no longer broadcasting the light, they would be within their rights to do so (meaning that no damages could be incurred). This is qualitatively different from actively emitting light on to someone else's property.

      Whose misunderstanding? :)
      I'm in agreement. When I put up a wall, I have changed the emissions entering your property; prior to the wall, sunlight (for example) entered your property, which is now blocked at certain times of the day by the wall. The wall also blocks your view; and what is the view except some energy within a certain spectrum entering your property? By blocking that light, I have interfered with the property rights you have wrt your windows. Do you see what I'm saying? Maybe I'm not making it clear enough, but I'll try rewording it: if your right to use an observing instrument (like your radio) is attached to the content of the medium being observed (like radio spectra) then by extension, I cannot do anything at all without violating your property rights. Now, you may be willing to forego redress, if you don't feel you incurred damges, but from a logical stand

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  6. I don't undertstand by Phairdon · · Score: 2, Interesting

    Can someone explain to me why a company has to pay the FCC huge gobs of money in order to use a frequency in the air? What keeps someone from using whatever the heck frequency that they want to? How can someone, in this case the FCC, take control of all frequencies and then 'sell' them to the highest bidder? To me it seems like saying you can't breathe the air around my house unless you pay me, which is dumb of course because nobody owns the atmosphere. I just don't get it, I don't understand this aspect of our economy.

    1. Re:I don't undertstand by greypilgrim · · Score: 2, Insightful

      It's about control. Do you enjoy being able to chat on your cell phone? If the frequencies were open to anyone, then everyone would use the best frequency for their application, and there would be so much interference that nothing would work. By controlling who uses which frequencies, you can ensure that interference is kept at a minimum, and devices remain useable.

    2. Re:I don't undertstand by devidebyzero · · Score: 0

      Yup, they are bidding $10 billion for air...

    3. Re:I don't undertstand by FiveLights · · Score: 0

      If everyone started using whatever frequency they wanted to, few of the frequencies would be useful. What if you were using a service and some other service came in and overpowered it, because they had more money for better transmitters or whatever? You would want to go to the government and say, "they can't do that, I was using first!" In a way claiming that you "own" the frequency in that location. This way the same thing happens (the rich and powerful companies get to use the spectrum) but the government also gets money. It's a win-win for everyone but you and me!

    4. Re:I don't undertstand by everphilski · · Score: 4, Informative

      It is considered a natural resource ... just like land. Other countries do the same thing.

      There are portions of the spectrum that are free to use for certain non-commercial uses. Amateur radio bands, family radio bands, bands that are open to experimenters, Citizen Band radio, etc. Each comes with certain restrictions as to use and power output. Most have commercial restrictions.

    5. Re:I don't undertstand by phantomcircuit · · Score: 1

      The original premise was that wireless spectrum needed to be regulated to prevent collisions.

      Government working the way it does figured out that this could be taxed, the most effective way to tax this is to auction off spectrum licenses.

      Honestly auctioning off spectrum licenses seems better than the alternative of the FCC deciding who can use what spectrum based on what their view of what is the most useful.

      Clearly the FCC has no idea what is the best application for the limited spectrum 'resources' that are available.

    6. Re:I don't undertstand by edremy · · Score: 1
      IANAL, but I suspect it falls under the Interstate commerce clause.

      In general, the feds can regulate things like this because the alternative is total destruction of the asset. Without some kind of central control, everyone gets to play and they stomp all over each other. Sure, you can set up a transmitter, but then so can your neighbor, and he can do it at the same frequency and a higher power. Neither of you can stop your transmissions from bleeding over onto the guy two streets down. (Of course, even with the FCC around this doesn't always work, especially if you are a small, public university station and there's a huge religious broadcaster who is willing to bend the rules).

      Oh yeah, and the government does regulate the air you breathe. Clean Air Act anyone? You're arguably paying for it in higher power and automobile costs.

      --
      "Seven Deadly Sins? I thought it was a to-do list!"
    7. Re:I don't undertstand by Anonymous Coward · · Score: 0

      Well you could always ramp up the watts until your application starts to work again, and the survivors would be applications where it's possible and economical to devote enough power for it to work. Anyway, the point is to do this fight with dollars instead of watts to save energy. Maybe also health concerns.

    8. Re:I don't undertstand by Diss+Champ · · Score: 2, Informative

      The FCC is a part of the government. The government has a monopoly on force. If it says you have to pay to do something, and it has a reasonable way to detect that you are doing it, then they usually get the money, either through official means like this auction, or unofficial means like officials being bribed to look the other way.

      The government thinks it owns the air you breathe too. You might not have noticed, but there are all sorts of regulations regarding vehicle and industrial emissions. Most people think most of these are a good thing- but it does amount to the govt having a certain control over the air you breathe.

      Pragmatic stuff like the above aside, the general argument for the FCC controlling access to the airwaves is that it is a scarce resource, so someone needs to apportion it fairly- and in this case "fairly" is defined as giving the govt as much money as possible for the govt to spend for the general welfare (i.e. to bribe constituents to vote in again the people in charge of spending the money, or special interests to contribute to campaigns to the same end).

    9. Re:I don't undertstand by Zontar_Thing_From_Ve · · Score: 1

      Can someone explain to me why a company has to pay the FCC huge gobs of money in order to use a frequency in the air?

      If you're not American, I can understand your question to a certain extent, but such regulation is also done all around the world. The Communications Act of 1934 set up the FCC in the USA and gave them the authority to regulate all non-Federal Government use of the radio spectrum, which includes radio and TV broadcasting. Since they regulate it, they in effect "own" it and thus can sell the TV spectrum that will be freed up with the conversion to all digital TV broadcasting. Radio and TV broadcasting is regulated everywhere so that it works. Otherwise I'm sure they would be horrible reception issues where some local station puts up a giant tower and broadcasts on the same channel as their rivals across town and you would have a frequency battle going on where nobody wins. Regulation is not necessarily evil, despite what you with your presumed libertarian views might think. The government can sometimes play a vital role in regulating various things, but I would judge this on a case by case basis rather than offering up a blanket statement that "all regulation is evil" or "all regulation is good". I can't think of any countries where TV and radio broadcasting aren't regulated at all.

    10. Re:I don't undertstand by GodfatherofSoul · · Score: 1

      Because some things in all practicality MUST be regulated by the government, or you end up w/ a cluster fsck. For example, I lived in Italy (Army brat) in the late 80s-early 90s and the radio stations there didn't have the same regulations on ownership of frequency separation-distance that we're used to in the states. So, stations that picked aestheticly pleasing frequencies or only cared about the metro would cause havok on the outskirts of their range.

      Now, auctioning off frequencies to the highest bidder rather than basing ownership on the public good is another matter. But, that only seems to be a historic concern.

      --
      I swear to God...I swear to God! That is NOT how you treat your human!
    11. Re:I don't undertstand by Starfisher · · Score: 2, Informative

      If anyone could use any frequency without having to check to make sure it wasn't already in use, you'd quickly run into some communications and quality issues. To prove this, take 1000 people, give them radios that can select between five frequencies, and have them try to have 500 private conversations. So the FCC exists in order to regulate the airwaves, ensuring that you don't get interference. Someone has to pay for the staffing and operation of the FCC, so they came up with the idea that if you want to use some part of the spectrum exclusively for your prodcut you have to pay the government to do so. In theory, this means you are leasing that spectrum from "the American people", as represented by the government, and some of that money then pays for the FCC. Technically, you are charging Verizon/Google/whoever for your airwaves through the government. Convoluted to be sure, but it fulfills its primary purpose - to avoid constant interference - and generates revenue from a national resource - air. You might argue that there are better ways to divy up the spectrum (maybe without the massive fees), but no matter what method you choose, you still need some regulation. Hell, if you buy one of those Motorola radios that can use the GMRS frequencies, you are supposed to pay a $75 licensing fee to do so, again under the basic logic above. I doubt anyone actually does, and since they only have 1 watt of transmission power it's usually not an issue in terms of interference, but they're not paying rent. Bastards! ;P

    12. Re:I don't undertstand by vertinox · · Score: 1

      Can someone explain to me why a company has to pay the FCC huge gobs of money in order to use a frequency in the air?

      And speaking of which, what does the FCC have to do with interstate commerce? Perhaps they could regulate broad casting between states, but if I have a device that doesn't broadcast over state lines where is the basis in the original framework for such an organization to dictate who or what does something with the device you built.

      Now I suppose the FCC could regulate devices that are shipped from overseas or interstate wise but if you build it yourself then why should they have a say?

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    13. Re:I don't undertstand by Anonymous Coward · · Score: 0

      As a college student working for the DoD as part of a Co-op program, I have to sometimes deal with getting approval for our devices to operate on a certain frequency. It may surprise you, but pretty much all Governments around the world appropriate the use of frequency spectrum in their country to avoid the chance of co-channel interference.

      A simple example to think about your radio. You'd have a serious issue with someone that set up a small radio tower in their backyard and broadcast their amateur program at the same frequency of your favorite radio program as all you would hear is a jumbled mess.

    14. Re:I don't undertstand by krakelohm · · Score: 1

      It's a win-win for everyone but you and me!

      I do not see how you can say its not a win for customers. We get equipment that actually works. Not everyone has the time/money/skill to roll their own cellphone network... and that is a very good thing. Yes big companies are evil bla bla bla but with them there also comes the ability to fly somewhere and know your cell phone will work, its a standard. I seriously doubt you would be able to achieve that without them.
      --
      You are all a bunch of idots.
    15. Re:I don't undertstand by Paulrothrock · · Score: 0, Flamebait

      You're exactly right! I also don't understand why we don't let timber companies cut down every tree in Yellowstone. Don't they own part of it, too? Shouldn't they be allowed to cut down trees they own?

      --
      I'm in the hole of the broadband donut.
    16. Re:I don't undertstand by Chandon+Seldon · · Score: 1

      Remember how quickly radio frequencies decrease with range. Effectively jamming short range transmissions over a large area with a single transmitter is massively expensive. The FCC could probably just put a power cap on transmissions in general - and basically turn this into a local zoning question.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    17. Re:I don't undertstand by spaceyhackerlady · · Score: 1

      If everyone started using whatever frequency they wanted to, few of the frequencies would be useful. What if you were using a service and some other service came in and overpowered it, because they had more money for better transmitters or whatever? You would want to go to the government and say, "they can't do that, I was using first!" In a way claiming that you "own" the frequency in that location. This way the same thing happens (the rich and powerful companies get to use the spectrum) but the government also gets money. It's a win-win for everyone but you and me!

      This is the function of radio licensing. Organizations get a license for whatever it is they want to use radio for (communications? broadcasting?), are assigned a frequency to use, and they use it. Subject to sharing requirements (which vary - think AM radio at night vs. UHF TV), that frequency is theirs, and nobody else can use it. My employers do wireless data, for example, and we have several frequencies in the 900 MHz area that we are licensed to use for over-the-air testing. These frequencies are ours, and if anybody else tries to use them, they're in trouble. Due to the characteristics of these frequencies, while our frequency is ours in greater Vancouver, it could be assigned to others in other areas.

      Some services are assigned ranges of frequencies, and sort out the sharing among themselves. Ham radio is a good example of this. Wifi networking is another.

      The auction nonsense is new. Somebody figured the FCC could make a quick buck. The fad caught on, and lots of other countries are making similar quick bucks.

      ...laura

    18. Re:I don't undertstand by EastCoastSurfer · · Score: 1

      Regulation is not necessarily evil, despite what you with your presumed libertarian views might think. A libertarian view would agree with the private ownership of the spectrum and the regulation that goes along with it. What they wouldn't agree with is the way the FCC continues to muck with what you're allowed to do with the spectrum after you lease it. For example, fining Howard Stern shouldn't be the job of the FCC (or anyone for that matter).
    19. Re:I don't undertstand by YukonTech · · Score: 1

      Laws are what are stoppping them. Why do you have to pay register a car? Why can't you just get behind the wheel of whatever you want and drive it as fast as you want whereever you want. I hear school playgrounds are a great place to do donuts. If the wirless spectrum was left to anarchy you'd have ads and interferance everywhere. Lets use FM radio band as an example. Person a creates a popular radio station on the 91.1 FM band, a million people listen everyday and advertisers pay to get exposed to that audiance. Now in the anarchisrt system you are suggesting I could build a supped up transmiter, and transmit muy own commercials which I charge for on the 91.1 Band, even if I do nothing but push out commercials people close to me will get the commercials, people a lil farther away will get 91.1 music, 91.1 commercials(mine), and a bunch of static at the same time. There needs to be rules setup in order to make sure people play nice. No onward to phones, you buy a phone from AT&T and expect it to work all the time, but once again greedy low life (a new form of spammer if u will) puits up his own tower to either: 1)Help AT&T's competitors by messin up AT&T network. (than mpocket some nice cash) 2)Transmit ads, or (in the digital age) perform man in the middle attacks with data. 3)Sell my own phones that also use the same range giving me cheap startup cost. Also causing endless static for anyone close to my transmitter The idea here is sure it would be great if we lived in a society mature enough to not need the government telling us what we can and can't do, but therte are enough greedy low life weastes of space (*cough spammers *cough*) who care about nothing but making money that would selfishly use the frquencies for their own good no matter what damage it causes.

    20. Re:I don't undertstand by superwiz · · Score: 1

      Yeah! And how can government just tax land? No one owns land. It's just there. C'mon. It's a limited resource which government can prevent anyone from using. Since it is limited -- multiple people can't use pretty much just as multiple people can't use the same piece of land -- the only fair way to determine who gets to use it is to auction it off. At least at that point whoever has it bought it for the most money and will be forced to put it to most use.

      --
      Any guest worker system is indistinguishable from indentured servitude.
    21. Re:I don't undertstand by Flambergius · · Score: 1

      The land analogy is, I believe, the correct one. I don't see any ethical or conceptual problems with this. There is however the question of whether or not an auction is optimal policy.

      An unused spectrum (like land) is public property. The government is entrusted with managing public goods. They have now decided that the best use, the way to get most value for the public out of this property, is to sell it. The logic is that the money and added value that private owner will create will be more than what the government could accomplish. I can't really argue with that - especially in this case as it is the US federal government we are talking about.

      What is less than certain to me is that an auction is best way go about this. In an auction the price will undoubtedly go up, indeed as high as the most risk-hungry bidder can bear. (If they think that they are dead anyways unless they win, they will bear quite a bit.) The winning bidder may in fact be bled to death by the cost of the license. At least it is likely that the cost will seriously weaken the winners ability to invest in value creating services. This will not be good for the public which is counting on receiving a valuable service. This is what I believe happened in Europe when they auctioned off the 3G mobile licenses.

      An auction is clean and simple, which is good. What is not good is that it creates illusion that the amount of money collected in the auction is important. It is not. That money is meant to be recouped from the public anyways by the winning bidder (and it will be, assuming all goes well and they are able to provide a useful service). If government truly needed more money it should collect more taxes. (Ok, taxes might be a bit worse as they are more likely to involve people who don't want to use the service. But either way the government will end up with more money and probably waste it.)

      The auction is a test for prospective service providers. It equates their ability to come up with the cash to their ability to provide a valuable service. Again, there could be worse tests, but it is far from clear that we could not come up with better tests. Considering that the auction may seriously weaken the winner, it may well be that the auction is a relatively bad test. (Think of having two contenders fight for right to challenge the champ in the big main event later that day.)

      --
      Computers are useless. They can only give you answers - Pablo Picasso
    22. Re:I don't undertstand by Tacvek · · Score: 1

      Can someone explain to me why a company has to pay the FCC huge gobs of money in order to use a frequency in the air?

      And speaking of which, what does the FCC have to do with interstate commerce? Perhaps they could regulate broad casting between states, but if I have a device that doesn't broadcast over state lines where is the basis in the original framework for such an organization to dictate who or what does something with the device you built.

      Now I suppose the FCC could regulate devices that are shipped from overseas or interstate wise but if you build it yourself then why should they have a say? The real reason is that if the FCC did not regulate radio signals inside a state, then the state would need to. The states simply are not interested in that. If they were they would have challenged the FCC already. After all, the resources the FCC needs to regulate interstate transmission of radio signals make it the ideal candidate for regulating radio signals inside the state. Further, remember that there is no reason a state could not delegate some of their rights to a Federal Agency. Is is really that important that the States have made this delegation implicitly rather than explicitly?
      --
      Stylish sheet to fix many problems in Slashdot's D3: https://gist.github.com/801524
    23. Re:I don't undertstand by everphilski · · Score: 1

      I think the reason it is auctioned is because it really is a finite resource. Sure, wavelengths can go from a few kilohertz to many many gigahertz, but in reality when you look at the response that is good for a particular application, it gets narrowed down to a few tens or hundreds of megahertz. So it is a somewhat scarce resource, hence why it is auctioned instead of sold at a fixed price. If an infinite amount were available at the right properties, I believe it would be sold at a fixed price much like AM/FM station licenses are.

    24. Re:I don't undertstand by smorken · · Score: 1

      I think a good way to delegate use of a given frequency is to make it fully controlled by an open digital protocol. That way there is no need for administration other than ensuring all clients conform to the protocol. It would take care of interference with collision detection, and make efficient use of the bandwidth.

    25. Re:I don't undertstand by Chibi+Merrow · · Score: 1

      Of course, even with the FCC around this doesn't always work, especially if you are a small, public university station and there's a huge religious broadcaster who is willing to bend the rules


      That's a bit dishonest, they're both University stations funnily enough.
      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
  7. Why is the Govt selling something they don't own? by Anonymous Coward · · Score: 0

    I have a hard time with the government taking in money for something they don't own. Sure regulate the airwaves, charge a fee for the administration, but to auction off frequencies? Also this is due to forcing the TV stations to move to digital.

    We will make the cost of operating a television station go up, for those that do not have cable or satellite it will cost more for the digital equipment. This only serves the government, it does not serve the people.

  8. Let's take it up a notch! by TheHawke · · Score: 3, Funny

    Sniping, anyone?

    --
    First rule of holes; When in one, stop digging.
    1. Re:Let's take it up a notch! by Duncan3 · · Score: 1

      Turns out when grownups run an auction, it doesn't work the same way as it does on Ebay. Real auctions go until noone else _wants_ to bid.

      --
      - Adam L. Beberg - The Cosm Project - http://www.mithral.com/
  9. FCC's basis for regulation? by Anonymous Coward · · Score: 4, Funny

    Did we ever pass an ammendment that granted the federal government the right to regulate the electromagnetic spectrum? I don't speak legalese but I'm pretty sure that it wasn't put in there when the Constitution was written.

    1. Re:FCC's basis for regulation? by Anonymous Coward · · Score: 0

      probably related to interstate commerce

    2. Re:FCC's basis for regulation? by snarkh · · Score: 1

      Interstate commerce, I suppose.

    3. Re:FCC's basis for regulation? by jea6 · · Score: 1

      I can't tell if you're a troll or not. In any case, take a look at Article I, Section 8, Clause 3: "The Congress shall have power . . . To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;".

      --

      sarchasm: The gulf between the author of sarcastic wit and the person who doesn't get it.
    4. Re:FCC's basis for regulation? by jo7hs2 · · Score: 1

      See Article I, Section 8, Clause 3.

    5. Re:FCC's basis for regulation? by vertinox · · Score: 1

      So if I build my own TV and or radio station which does not broadcast over state lines then I should be fine without an FCC license right?

      Oh wait...

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    6. Re:FCC's basis for regulation? by jo7hs2 · · Score: 0, Flamebait

      See Article I, Section 8, Clause 3. "The Congress shall have power . . . To regulate commerce with foreign nations, and among the several states,...with the Indian tribes, and whatever else it wants."

    7. Re:FCC's basis for regulation? by everphilski · · Score: 1

      Good luck with that. You can't just 'stop' radio waves from propagating ... with enough power to service the community in question, someone with a high enough gain antenna the next state over will pick up your station.

    8. Re:FCC's basis for regulation? by databuddha · · Score: 1

      From the FCC's website:

      The Federal Communications Commission (FCC) is an independent United States government agency, directly responsible to Congress. The FCC was established by the Communications Act of 1934 and is charged with regulating interstate and international communications by radio, television, wire, satellite and cable. The FCC's jurisdiction covers the 50 states, the District of Columbia, and U.S. possessions.

    9. Re:FCC's basis for regulation? by Anonymous Coward · · Score: 0

      Good question, but if theres anything that calls for regulation of "interstate commerce", electromagnetic waves would be it. Could you imagine how much trouble there'd be if Kansas decreed that electromagnetic waves are unholy sciency things foisted on their Christian populace by those satanic evolutionists, and that all electromagnetic waves must stop at the state border? Or if Mississippi assigned a certain chunk of the spectrum for emergency usage while Louisiana ruled that the same spectrum would be used for CB radios... of course the truckers would have to have 50 radios in their cab, or at least one for every state they drove in if each state required a separate license and/or approval.

      Libertarians' answer to this one seems to boil down to "may the strongest transmitter win". Scientists' answer is spread-spectrum communication. I wonder where the latter has gone to?

    10. Re:FCC's basis for regulation? by Anonymous Coward · · Score: 0


      The FCC's jurisdiction covers the 50 states, the District of Columbia, and U.S. possessions.


      Hmmmm.... Are FM stations in Hawaii really interstate or international communications?

    11. Re:FCC's basis for regulation? by hypnagogue · · Score: 1

      Article I, Section 8, Clause 3: "The Congress shall have power... To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;"

      Like it or not, RF crosses state and national boundaries, and requires an enforced monopoly to be usable. Thus, the commerce clause applies.

      --
      Liberty you never use is liberty you lose.
    12. Re:FCC's basis for regulation? by kcornia · · Score: 2, Interesting

      Yep, I bet you couldn't come with anything in your lifetime that some congressperson wasn't able to tie to interstate commerce somehow...

      There are 16 enumerated powers granted to the legislative branch by the constitution. ALL other laws flow from one of two things, 1) interstate commerce, and 2) the clause at the end of the enumeration (article 1, section 8) that says "To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof."

      If you ever stop and really think about it, the system we have in place begins to look really really ridiculous. Don't get me wrong, it works fairly well most of the time, but it is a far cry from what the founders could have imagined.

    13. Re:FCC's basis for regulation? by snarkh · · Score: 1

      Don't get me wrong, it works fairly well most of the time, but it is a far cry from what the founders could have imagined.

      I agree with you. However, regulating the spectrum does not seem to be such a far-fetched application of the interstate commerce clause. Certainly, radio waves cross the state borders freely.

    14. Re:FCC's basis for regulation? by hypnagogue · · Score: 1

      Does it interfere with any licensed services? Does it create unfair competition to any licensed services? Is it operated in a safe manner?

      I don't think you've thought it through.

      --
      Liberty you never use is liberty you lose.
    15. Re:FCC's basis for regulation? by Anonymous Coward · · Score: 0

      Article 1 Section 8 Clause 3 says nothing about the electromagnetic spectrum. Looked over all the clauses and there's nothing in that section that remotely covers it. How can Clause 3 be twisted to convey such silliness?

    16. Re:FCC's basis for regulation? by Crazy+Taco · · Score: 1

      And additionally, that part of the spectrum (formerly used for TV channels) definately fell under the category of commerce, what with all the ads and everything.

      --
      Beware of bugs in the above code; I have only proved it correct, not tried it.
    17. Re:FCC's basis for regulation? by ch-chuck · · Score: 1

      Actually the gp has a good point - a 1 watt FM station operating in the middle of Texas for all practical purposes can serve a small neighborhood community yet be way too weak to pick up in any surrounding state or Mexico except maybe very briefly under highly unusual circumstances. Yet the feds have the power to shut 'em down.

      --
      try { do() || do_not(); } catch (JediException err) { yoda(err); }
    18. Re:FCC's basis for regulation? by vertinox · · Score: 1

      Does it interfere with any licensed services? Does it create unfair competition to any licensed services? Is it operated in a safe manner?

      That wasn't the jist of the statement. The question is why does the FCC get to regulate frequencies when it could be just as well regulated by State governments when it doesn't affect interstate commerce.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    19. Re:FCC's basis for regulation? by Dragonslicer · · Score: 1

      That wasn't the jist of the statement. The question is why does the FCC get to regulate frequencies when it could be just as well regulated by State governments when it doesn't affect interstate commerce. The area in which a radio broadcast would be contained within a single state would be pretty small, especially in the northeast. People living near a state border would be completely screwed because no sane broadcaster would want to figure out how to place transmitters so that the signal never crosses a state line. As a simple experiment, try creating a map of the United States using only circles. It's simply not feasible.
    20. Re:FCC's basis for regulation? by hypnagogue · · Score: 1

      Because any operation on those frequencies DOES affect interstate commerce, even if your operation doesn't cross interstate boundaries.

      Consider the case you are proposing. If you are operating on a frequency that is in use in a neighboring state, you may not interfere with users in that state, but you may interfere with interstate users in your state. That's interference with interstate commerce, same as if you blocked an interstate highway with a railroad car. Would you consider the argument "but the highway was only blocked in one state, so it's not interfering with interstate commerce" a viable defense?

      Consider the case the GGP proposed: why can't you run your own radio station? Interesting prospect. If YOU can run your own radio station unregulated, that means ANYONE can run their own radio station unregulated. Interesting idea. Horrific. Who then would enforce spectral purity or resolve interference disputes on unregulated stations? "But my signal doesn't hit any other states!" Who determined that? What enforcement is there? If none, then none.

      --
      Liberty you never use is liberty you lose.
    21. Re:FCC's basis for regulation? by Tacvek · · Score: 1

      Well, it was only in 2003 that the title to the island of Kaho'olawe was transfered to the State of Hawai'i. Prior to that point the Island was a federal possession, and therefore, any broadcasts that would be receivable on the island must have crossed state lines. The the moment, such an argument could not hold water. However, there are plains to return create the equivlant of an Indian reservation for Native Hawai'ians. Like the Indian Nations they would be a Sovereign nation (at least in so far as the United States is concerned). So then radio broadcasts in Hawai'i would again be international communication.

      --
      Stylish sheet to fix many problems in Slashdot's D3: https://gist.github.com/801524
    22. Re:FCC's basis for regulation? by aevans · · Score: 1

      Because the feds have the power to regulate the spectrum when it's near the state border, and when it's near the range of that area, and guess what, your utopia in central Texas is next to that. You could potentially interfere with the station that could potentially interfere with the station across the state line. The little black lines on the map don't jam radio frequencies. In fact, you can hardly even see them in real life when you stand right next to the state border.

    23. Re:FCC's basis for regulation? by ch-chuck · · Score: 1

      The signal from a 1w in the middle of TX is lost in the noise and blocked by the horizon by the time it gets anywhere near the border. You might as well declare any and all transactions 'interstate' because they're all within 1000 miles of a border somewhere.

      --
      try { do() || do_not(); } catch (JediException err) { yoda(err); }
  10. get ready for big antennas by Anonymous Coward · · Score: 0

    wavelengths (full 1/1) Wifi = 12cm Cell = 16cm 700Mhz = 42cm its like its back to the CB days with rubberducks and magmount car antennas

    1. Re:get ready for big antennas by SnowZero · · Score: 1

      When was the last time you saw a 1.8GHz cell phone with a 16cm antenna? Clearly whatever devices end up using the spectrum will use quarter wave or helical antennas.

  11. High Stakes Poker by Anonymous Coward · · Score: 0

    For a moment there, when I read the headline, I thought they found a table full of players with both huge money and a gaming habit like Guy Laliberté.

    1. Re:High Stakes Poker by Anonymous Coward · · Score: 0

      I thought it was the Casino Royale sequel.

  12. so.. by JustNiz · · Score: 5, Funny

    Bids are exclusively via the internet, and Google probably has enough smart people and resources to intercept a few packets from other bidders....

    1. Re:so.. by Anonymous Coward · · Score: 1, Informative

      You have that backwards - AT&T and Verizon have a significant portion of the Level 1 Internet backbone routes under their control - THEY could do what you suggest. Google is just an end-user of the system essentially. It's like the difference between a store on Main Street intercepting your mail to City Hall, and the US Postal Service doing it.

    2. Re:so.. by mweather · · Score: 1

      Google is the only bidder that doesn't control any internet backbones.

    3. Re:so.. by Anonymous Coward · · Score: 0

      they should send some fake RST packets during the bids from the cable monopolies ;)

    4. Re:so.. by Tibor+the+Hun · · Score: 1

      What would be scary is if ATT could have a mechanism to do that.

      Did I mention that I just woke up from a coma and am still stuck in 1999? I can't wait for the Y2K...

      --
      If you don't know what AltaVista is (was), get off my lawn.
    5. Re:so.. by Anpheus · · Score: 1

      The routers are all owned by AT&T :(

    6. Re:so.. by nahdude812 · · Score: 1

      I'm pretty sure it was just a joke, but presumably since there's this aura of secrecy, the FCC would have at least invested in some SSL certs. And as others pointed out, AT&T probably owns most of the fiber over which these bids will travel... and has already demonstrated that they think they have a right to snoop on data traveling across their network.

    7. Re:so.. by tehcyder · · Score: 1

      Bids are exclusively via the internet, and Google probably has enough smart people and resources to intercept a few packets from other bidders....

      I'm pretty sure it was just a joke
      No, it was a leaked internal memorandum.
      --
      To have a right to do a thing is not at all the same as to be right in doing it
  13. Honest Question(s)... by skelly33 · · Score: 4, Insightful

    Why don't they allocate the space to a certain communication technology with established rules for non-interference and then open it up any company to compete? (think wifi) Why should one company have a monopoly on a wavelength? (think broadcast TV/radio) With sophisticated and (relatively) inexpensive packetization and multiplexing available, is there any real need for single-operator wavelength allocation any more? This seems so... early 20th century.

    1. Re:Honest Question(s)... by lee1026 · · Score: 1

      TV and radio are probably the worst example you can come up with. Each station have its own wavelength, and it is not allowed to use any other wavelength.

    2. Re:Honest Question(s)... by Hoplite3 · · Score: 1

      With frequency hopping, this is absolutely possible. The tech was developed to prevent jamming, and it's now cheap to implement using software defined radios. Inexpensive devices could absolutely pick out one signal from all the cross-talk.

      I could understand a single-operator-per-wavelength for an emergency spectrum. Keep the emergency equipment as simple as possible, sure. But open the rest of it up!

      Well, I guess it'll never happen. There's too much money in the media monopolies and too much technical stupidity in everyone else... It's a shame that a good solution like freq hopping can't come along and democratize broadcast. It would combine the good features of current broadcast (high bandwidth, multiple destinations simultaneously) with the good features of then net (many many signals to choose from, no need to wait for the weather broadcast ...).

      --
      Use the Firehose to mod down Second Life stories!
    3. Re:Honest Question(s)... by iamnafets · · Score: 1

      No money.

    4. Re:Honest Question(s)... by eison · · Score: 1

      One guy decides to broadcast hdtv streaming video of his pet rock collection to the entire country, and finds a way to do it using enough bandwidth to ruin everything for everyone.
      There isn't unlimited signal available, no matter how good you make encoding it completely unregulated transmission would find a way to use it all up for nothing. And if you're going to need to have regulation, might as well sell it to a company to regulate rather than trust a government official to get it right.

      --
      is competition good, or is duplication of effort bad?
    5. Re:Honest Question(s)... by QuoteMstr · · Score: 1

      IANAEE, but the total bandwidth is still limited no matter how you slice it up. When demand exceeds supply, the interference will be so great as to make the spectrum useless for everyone. It's a textbook tragedy of the commons example, and regulation is necessary to prevent human nature from ruining it completely.

    6. Re:Honest Question(s)... by NateTech · · Score: 1

      Because in one scenario (licensed use and auction to get the spectrum) they make money, and in the other, they have to fund a very large organization to police the spectrum for signs that people aren't cooperating.

      What I want to know is: Since the FCC is now a money-making organization to the tune of billions, when will I be seeing my tax refund?

      Ha. Right.

      --
      +++OK ATH
  14. Does it matter? by Anonymous Coward · · Score: 0

    because the same people who don't support regulation such as this will be clamouring for protection by using the Fairness Doctrine to clamp down on speech they don't like

    1. Re:Does it matter? by FauxPasIII · · Score: 1

      If the spectrum were unregulated there would be no need for a fairness doctrine, an anyone would be free to put up an antenna and get his or her message out. But, as long as our agents in the government are doling out regional monopolies to particular slices of spectrum, we are well within our rights to require that the beneficiaries of those monopolies hold to certain regulations. They are always free not to enter into the voluntary agreement in the first place.

      IANARadio engineer, so I have no clue if this particular range of frequencies would be useful if left wide-open for public use or not.

      --
      25% Funny, 25% Insightful, 25% Informative, 25% Troll
  15. Re:These pretzels are scientifically charged with by Anonymous Coward · · Score: 0

    the modoratores are abusing my guadrant of subliminol lavender

  16. for my own bid by Anonymous Coward · · Score: 0

    how much for the color "blue"?

    seriously, i dont understand how this entire process can even take place. they are essentially bidding on exclusive rights to a color. why does the government even own the rights to it, to begin with?

    1. Re:for my own bid by Dragonslicer · · Score: 1

      how much for the color "blue"?

      seriously, i dont understand how this entire process can even take place. they are essentially bidding on exclusive rights to a color. why does the government even own the rights to it, to begin with? And why should the government be the only ones allowed to build roads? Let any company with a few trucks lay down some pavement. Who cares if they want to come in one day and bulldoze your neighborhood to do it. Like land for building roads, the spectrum is a finite resource that benefits everyone, but only as long as it remains usable, which means a certain amount of regulation to ensure that system continues to function correctly.
    2. Re:for my own bid by Marvin01 · · Score: 1

      how much for the color "blue"? Fifty dollars!!

      What, this isn't National Miss the Point Day?
  17. Hopelessly complex by AtariDatacenter · · Score: 1

    I read just the PDF presentation with the rules, and it was absolutely crazy with minimum required bids, rounds, waivers, and everything else. What an extraordinarily complex procedure! Now I understand why Google hired some game theory experts on this!

    I think Google will end up purchasing spectrum, but then sublicensing it out to others. Requires no additional build-out. I also have to think that Google is going to be the smartest about how they approach this auction. I'd love to see a post-mortem on the action!

  18. Surviving the First Round by Nom+du+Keyboard · · Score: 1
    Can Google survive the first round if they only bid the Reserve price? Hate to see them eliminated from the beginning.

    Actually, I'd hate to see any of the incumbent telcos/wireless companies get their hands on this. I want a new competitor here.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:Surviving the First Round by bluemonq · · Score: 3, Interesting

      There's more than one round. $4.6 billion is merely the minimum you have to be able to front in order to be allowed to bid in the first place.

    2. Re:Surviving the First Round by suggsjc · · Score: 1

      Quick, lets pool some money together...I'll take care of all of the details just send me a few billion.

      --
      When I have a kid, I want to put him in one of those strollers for twins and then run around the mall looking frantic.
  19. Poker? by jlf278 · · Score: 1

    What does this have to do with poker? You can't swing a dead cat without hitting a poker analogy these days. You can't even turn on TV or go to the movies without seeing your favorite sitcom characters or James Bond on a bluff. Whatever happened to good ol' baccarat?

    1. Re:Poker? by Anonymous Coward · · Score: 0

      "Whatever happened to good ol' baccarat?"

      People woke up and realized that baccarat is a boring game that requires very little skill* whatsoever, even in its most complex state, and that the only thing that kept it popular in the public imagination is that for the house to make any money at it, it has to be played at extremely high stakes. It was therefore perceived as a game for the ultra-wealthy, which naturally elevated it's status to mythic among common people.

      Now that poker is played at the same stakes, baccarat will lose much of that status.

      *Baccarat is a single draw game that permits typically one, or at most two opportunities to deceive per hand. In addition, stakes are chosen before the deal, so there is no opportunity to bluff with money to apply additional pressure.

      There is a degree of skill in reading the other player, but it's influence on the result of the game is typically far less than almost any poker game. Even a poor baccarat player can often stay even with the very best for hours at a time. (This is a selling point if you want to keep wealthy people in your casino for long periods of time. Not to say you can't lose your bankroll in a few short moments, but it's a game that by nature, lends itself to very slow fleecing of the high rollers who play for entertainment instead of profit. )

    2. Re:Poker? by DeepHurtn! · · Score: 1

      I suspect you may be forgetting one thing: the fact that it is virtually entirely chance is perhaps one of the reasons the wealthy are/were attracted to baccarat. Some people see games that are more or less unskilled and that rely purely on chance as the truest form of gambling. Roulette is another example of this.

  20. google forecast by EverythingDies · · Score: 2, Interesting
    This is probably totally obvious to most:

    The future of the internet is in mobile technology. Except for corporate, mission-critical operations, I think that the majority of internet/TV usage will be done from a mobile device. Even residential internet/TV access will probably be delivered wirelessly (to the premises). The high-speed internet Television market is already a ridiculously profitable area to be in and it will only grow larger. I already consider my internet connection to be almost as important as my other utilities, so I can only foresee the demand increasing.

    However, entry into the high-speed ISP business is pretty much impossible. There's all that legal business over who actually owns the lines, regulated monopolies, etc. So what if all of the sudden a wireless medium became available that could reach anybody in any place? You no longer have to worry about laying your own fiber and other infrastructure. No longer do you have the expensive barriers to the ISP market. This is where I think Google wants to be. They already have ton's of content, now they'd have their own means to deliver it (and make you pay -- probably). They essentially want to be the one-stop shop for anything internet and probably TV (the line between the two is starting to blur). I'd switch to their service... although I wonder if they'd throttle the connections to Comcast's sites ;).

    1. Re:google forecast by Anonymous Coward · · Score: 0

      Wireless TV signals? Who woulda thunk it?

    2. Re:google forecast by meringuoid · · Score: 1
      So what if all of the sudden a wireless medium became available that could reach anybody in any place? You no longer have to worry about laying your own fiber and other infrastructure. No longer do you have the expensive barriers to the ISP market. This is where I think Google wants to be. They already have ton's of content, now they'd have their own means to deliver it (and make you pay -- probably). They essentially want to be the one-stop shop for anything internet and probably TV (the line between the two is starting to blur).

      So in a few years' time, they'd basically... own the internet?

      Scary. So, a word of warning. If Google ever buy a large bunker in Utah, do not under any circumstances accept a job working security there. Really not worth it.

      --
      Real Daleks don't climb stairs - they level the building.
  21. Redundant by sexconker · · Score: 5, Informative

    How many times does this need to be asked?

    The government owns the airwaves.
    Whether or not you like it, it's true.

    You SHOULD like it, though, because it ensures things WORK.
    It keeps people from stepping on each other's toes, and it keeps our communications working.

    But hey - lets open up the spectrum. Information wants to be free. It's working great for the internet.

    Can you imagine what would happen if airwaves were open?

    People would set up towers in their yards and rent the bandwidth to advertisers.
    You'll be getting spam on every tv channel, radio station, and phone call.
    Your existing devices will cease to function.
    Air traffic control will be screwed.
    Fire and Police departments will essentially be DOSd.
    The military will have HUGE problems.

    Legally, it tends to fall under interstate commerce.
    Practically, it tends to fall under really freaking important.

    People who say we should open it up and just use multiplexing / packeting / encryption really don't understand what they're talking about. If you allow people to openly use these frequencies, they will openly compete by cranking up the power. No amount of tricky signal manipulation will save you from some jerk with a bigger tower than you. If you want to send something from A to B, and someone builds a tower right in the middle, you're screwed.
    And worse than that is the fact that, when they're money involved, people will crack encryption and circumvent other controls. Just imagine being able to hijack a TV broadcast during the commercials. You can replace the ads broadcast by the tv station with ads you broadcast, supplied by the same sleazy scum sending spam.

    1. Re:Redundant by scubamage · · Score: 1

      The government owns the air, as has been stated numerous times in surveillance cases. However, this does NOT ensure things work. If we wanted to ensure that things worked we'd have a cell phone system similar to Japan where the government constructs a series of towers operating on the same wavelength, and then allows the cell phone companies to compete for customers on these systems. It works, and it works really damn well. On top of that, all cell phones are compatible with one another, and can be swapped to and from providers at will (just swap the SIM card).

    2. Re:Redundant by sexconker · · Score: 1

      Japan's communication infrastructure is much simpler than that of the US, due in large part to the physical size of both nations, and the difference in population (127 million vs 300 million). I can make the same argument about the internet speeds in America compared to those in Japan.
      Yes - we're being screwed by the telcos and it would be nice if the government would help us out. But consumers haven't yet demanded that the government do so. People think of regulation as a bad thing. Look at what the FCC does to TV - they don't even allow a female nipple. To most people, regulation = censorship.

      The US spans 3,537,438 square miles (land) while Japan only covers 145,882 square miles. Setting up a pervasive communications network is just a tad more complicated when you've got 4 different timezones and over 24 times the area. Don't forget about Alaska and Hawaii. We've got to Deal with Canada and a little thing called the Pacific Ocean.

      And remember - each state is its own government. Individual states get to decide different regulations and standards for things like erecting towers, and they also get to decide on their own standards for communications that do not fall under the classification of "interstate".

      The US government is not in a position to nationalize the comm towers and rent them.
      They ARE in a position to license the airwaves out for public/private use.

      And as usual, the problem stems from ignorant consumers. Until people bitch, en masse, about the situation, nothing will change.

      When I referred to things working, I meant the signals being able to get across. Our important communications do, on the whole, work. Land lines, emergency broadcast, police, fire, 911, military How they're handled (jammed 911 call centers, removal of just about every single payphone, dropped cell calls, bad reception in your town, etc.) is not really the realm of the federal government.

    3. Re:Redundant by scubamage · · Score: 1

      I'll absolutely acquiesce that there are far more invisible lines drawn in the US which do complicate matters a lot. As a network admin, the fundamental basics should not be very different from how things are implemented in Japan - utilizing a single centralized network to completely canvass an entire geographic region, laying a dependable open infrastructure (is it infra or infa? The way things stand now in the US, companies are constantly competing for territory (both physically, buying out space on skyscrapers, etc, as well as in the air with differing spectrums and standards like 3G, GSM, EVDO, CDMA, etc). On top of that, it has limited consumer choice by causing things like the iphone to effectively be monopolized by a single company. I'm a big fan of keeping things simple. Seeing 30 different cell phone towers on a single building when 1 would easily suffice using this sort of setup seems kind of pointless and wasteful. On top of that, as a consumer I'd like to be able to buy (for example) an iphone, but I can't because I'm loyal to Sprint. The movements verizon has made recently are hopefully going to rectify this, but its still annoying.

    4. Re:Redundant by sexconker · · Score: 1

      I agree. The current situation (in the view of a consumer) sucks.
      But it does work. Communication - even our pointless cell chatter - is very reliable.

      It's much harder for the US to go back and rework everything with 20/20 hindsight than it is for Japan or other small (physically) nations.
      We could create a neat clean system, sure, but we have something that works, and we risk breaking that if we want to make a change. If we start to rework our systems and clean them up, some hospital somewhere won't have the cash or time to get things up to date on their end. The physical building of towers and laying of cable also takes much longer, and requires much more money.

      Future proof and backwards compatible don't always get along. Much of the nation is still on dial up, using POTS, for example.
      I don't think the US (in terms of government, corporations, or people) has the right mindset to say "Ok, we're laying fiber to every home, let's get it done.". We did it with railroads, power lines, and telephone lines. We have a massive highway system. These things had the luxury of being new and essential, so people were willing to wait for them.

      Now, if you tell someone you want to rework the internet and give them faster speeds, over a period of 10 years and with a cost of billions, they'll just tell you it's a waste of money, and that the current internet is fine. When do you think we'll get to actually using IPv6?

      (And it's infrastructure)

    5. Re:Redundant by vldmr_krn · · Score: 1

      The government owns the airwaves.
      Whether or not you like it, it's true.

      You SHOULD like it, though, because it ensures things WORK.

      This post commits the fallacy of the false dilemma. The alternatives are not "open airways" versus "the government owns the airwaves". The alternative that should be obvious to anyone living in the US but that your post disturbingly fails even to consider is private ownership.

      Private ownership means that the owner of the resource has legal control of the resource, and no one else does. If I own a broadcasting frequency, it means that I control what is broadcast on it. If you broadcast on my frequency without my permission, you are breaking the law.

      If I own a broadcasting frequency, it will stay in my possession as long as the money that I am able to make through its ownership exceeds the money that I would make if I were to sell it to the highest bidder (who is then free to try to make enough money with it to justify the cost of not selling it). With this excellent system, the frequencies will be owned by a mix of two types of people: those who are best able to monetize them, and those for whom money is not the primary reason for owning the frequency.

    6. Re:Redundant by sexconker · · Score: 1

      Wikipedia is a horrible thing.

      You can't have private ownership of frequencies.
      You can't have private ownership of land.
      You can't have private ownership of a lake.

      The government OWNS the country - land, air, water.
      The most any private entity can hope for is for permission to use said land, air, or water.

      Private ownership, under the current government, is NOT AN OPTION with regards to frequencies.

      You can't even own your own land - the government can push you out if they want to build something on "your" land. Sure, they're supposed to pay you a fair price for it, but you don't have any choice in the matter.

      Your argument is moot.
      You can't own spectrum.
      The government owns it.

  22. What will the government do with the money? by compasseng · · Score: 1

    What are the government's plans for all of that money? Is that online somewhere?

  23. you are overstating the problem by circletimessquare · · Score: 1

    it's not like you will just be listening to your favorite radio stat- V1AGRA HERBAL ENHANCEMENT!-ion and all of a sudden you will get th-I AM MFUNE NIFONGO AND I HAVE 2 MILLION DO-is sort of random interruption fr-BARELY LEGAL TEENS DO-om random broadcasters who ju-EARN 10,000 DOLLARS A DAY FROM HOME SELL-st want to turn a buck without any consideration for decorum or common sense. most people are reasonable, and just a little shame is all it takes to prevent asocial activ-GOATSE.CX GOATSE.CX GOATSE.CX-ity

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:you are overstating the problem by sexconker · · Score: 1

      No, that's EXACTLY what will happen.
      Remember pirate radio?
      Remember how they drove around in listening vans and physically shut those people down?

      To say that sleazy advertisers would not want to get in on a cheap broadcast medium that can reach millions, (like e-mail without spam filters) is ridiculous.

  24. Honest reply.. by ari+wins · · Score: 1

    Not counting public access and whatever local church network(s) you can pick up, exactly how many broadcast tv channels do you get with a pair of rabbit ears?

    --
    Don't worry if you're a kleptomaniac, you can always take something for it.
  25. The Spectrum Should Be Private Property by Anonymous Coward · · Score: 0
  26. Experimental mock auctions by SaltTheFries · · Score: 2, Informative

    I did a bunch of experimental mock auctions as part of a college experimental economics lab. The rules for the auction aren't too difficult or different from many of the auctions that I participated in.

    Here's my opinion on some of the rules and their effects:
    1) Package bidding (where someone can bid on a group of licenses and wins or loses all the licenses) -- this helps the large, national bidders that see synergy from owning a number of regional licenses. As the minimum required bid for individual licenses fluctuates due to other individual and package bids, a package spreads the cost over the whole set and makes individual breakthrough bids more expensive / challenging. Size and structure of packages allowed can change the dynamics of the bidding process quite dramatically.
    2) Activity requirements -- makes sure everyone is bidding or dropping out. The amount you can bid in one round depends on the amount you bid (or were winning) in the previous round. Google can't snipe the whole auction with a $10 bln bid after not making a single bid beforehand. Activity can strongly favor the big players as they can push around smaller players with large package bids while the small bidders are only making very high single or small package bids. Nobody should stop bidding on anything until it becomes clearly unprofitable to do so--activity crucial to securing winning package bids. There was a 100% use-it-or-lose-it activity requirement in the auctions I participated in, but these rules are similar and gross bid oriented vs. license oriented.
    3) Bid retraction -- creates a strange second phase of the auction where some bidders pull bids to get packages to shuffle in their favor. There was a penalty for doing so on winning bids, and I remember some people losing money on this or not making much at all due to it. No professional will make that mistake, but the FCC isn't being generous here.
    4) Bid incrementing -- nobody can open or continue the bidding with a massive bid compared to the current minimum required bid. This is important as it prevents someone from throwing out a profitable but discouragingly large bid. I started doing this, particularly when I was a national or powerful regional bidder. There's a name to this strategy that I discovered after the fact.

    My prediction on who wins:
    The big players -- AT&T, Verizon, maybe Google
    A few regional powerhouses might crop of here or there, particularly in more rural regions of the country -- Alltel
    The FCC / US Government -- pulls in billions of dollars.

    Who loses:
    Smaller national players -- Sprint, T-Mobile (unless the Germans want to go for broke)
    Cable companies -- their dreams of breaking into wireless data and telephony will die, unless they cut a deal with Google or one of the smaller and more desperate wireless carriers (above). I'm not sure if there's any way that syndicates can form to bid, but that or an after-the-fact deal with Google may be their only hope. If Sprint pulls a coup and wins a major bid, it'll be desperately strapped for cash that Cox, Comcast, et. al. has to offer, but Sprint's going to have trouble winning much spectrum.
              Ken Martin's a telco lobbyist, looking to exact revenge on the cable companies for their success in stealing phone and broadband customers from his patrons. I don't claim that it's why the auction is structured this way, but it's clear that nobody went out of the way to encourage diversity in the ownership of different regional licenses.

    Unknown:
    American wireless consumers? Somebody has to pay for these astronomical bids, and the auctions operate like a tax in some senses. You can see the difference between a spectrum-tax free environment and a taxed environment by comparing 2.4 ghz with 1.9 ghz cell phone service. A little of this range could allow some exceptional innovation to come about.
    The EM spectrum in this country is the property of the general public, not the FCC, regardless of how the FCC behaves.

    1. Re:Experimental mock auctions by Anonymous Coward · · Score: 0

      When the British government auctioned off the 3G licences several years ago and made £20B in the process people complained that the phone companies would pass this enourmous cost onto their customers. There's an interesting paper written by the economists who designed the auction www.cepr.org/pubs/dps/DP3214.asp [you may need a subscription]. They make the point that it is unlikely the carriers would charge less than the market can bear had they obtained the licences at a lower price, as a result consumers will not feel the effects of the licence prices. Put another way the price of a service depends on what customers are willing to pay, not on how much it costs to provide.

  27. Cool! A Minnie Driver/Anne Hathaway love scene. by Impy+the+Impiuos+Imp · · Score: 1

    > Participants will use an Internet system to enter bids

    Clueless Government Employee: "Wow! Bidding is up to 39 trillion dollars! It's a real battle between 'kcusu' and 'asdfjlsdf' !"

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  28. When will the US Government realize... by dkarma · · Score: 0

    that they have no authority to control the air???
    The FCC is an illegal immoral cabal.

  29. you are humor deprived by circletimessquare · · Score: 1

    or you respond without reading

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  30. Hackfest '08 by Marvin01 · · Score: 1

    Online bidding...

    Billions of dollars...

    The chance to mess with some powerful organizations of a very public stage...

    Who else smells a warm wind blowing?

  31. free market straw puppet by epine · · Score: 1


    We tend to forget that collusion, like any other business model, is subject to cost-benefit analysis. It's likely the cost of this spectrum will be high enough that the incentives will be aligned toward exploiting the resource for value, rather than choking it off to obtain collusive side-benefits.

    I don't see the point of libertarian extrapolation of "free" markets. When you model the interactions of independent agents in game theory, the concept of "freedom" is nowhere to be found in the bare equations. Everyone makes their own choices and suffers the benefits and consequences accordingly.

    What you can do is set up some rules of the game (cue sound of freedom pissing down the drain) so that the game is less likely to degenerate into fixed collusive alliances. Collusion is a fact of life in any multiparty competitive system. In much the same way that we attempt to prevent petty crime from amalgamating into organized crime, we also attempt to prevent petty (implicit) collusion for amalgamating into organized, institutional collusion. Certain small freedoms are sacrificed in the transmutation. The main freedom one gains in the exchange is the freedom to disassociate (aka "bugger off"). If two parties become entangled in an exploitative relationship which greatly benefits one party at the expense of the other party, the abused party can elect to disassociate, and enter into fresh relations that function on a more equitable footing.

    Historically, there have been many social impediments to disassociation: slavery, marriage, citizenship, conscription, and debt. An emotional list. No accident there.

    Debt it one of the smoother plays. A tin pot dictator accepts $100 million in loans from the World Bank, squirrels half of it away in Swiss bank accounts, then the (captive) citizenry toils for decades to repay this loan in support of the high 1st world standard of living. Sweet. When the abused citizenry moves to disassociate themselves from this corruption (which was of no original benefit to them in the first place) we label it an insurrection and bring out the tanks (the other half of the $100 million was well spent).

    I don't see how an ideological extrapolation of freedom has much to contribute to this debate.

  32. Get RID of the whole system of auctions by zymano · · Score: 1

    Just free it. Get the Gov out.

    Have independent oversight committee create an internet free network.

    F-corporates who hoarde our resources.

  33. C Block? by geethree · · Score: 1

    "Most coveted seems to be the C block" Am I the only one to see the humor in that statement? :)
  34. Apples and Oranges by sneakyimp · · Score: 1

    The first thing I want to ask is WHAT IS THE EXPECTED BANDWIDTH OF A 700MHZ DEVICE? I'm not talking about theoretical bandwitdh here...I mean practical on-the-street bandwidth. Could someone tell me in bps? or Bps?

    Secondly, I hope these dopes arguing about how it's wrong for the government to be licensing this spectrum and making billions off will stop and think about a few things:

    1) Unlike the internet, which runs on wires between computers, wireless communications propagate through space. For this particular frequency range, there is currently no practical way to isolate one broadcast from another in a particular area except by limiting broadcasts to different frequencies within the spectrum. If you and I both broadcast from our personal antenna on 700.635MHZ, then we both get noise--or the guy with the more powerful antenna wins but with a really messy signal. In other words, the guy with the most money wins just like the case now--except the licensing rules prevent competing broadcasters on a given wavelength.

    If we hope to use this spectrum as the valuable resource it really is, we need spectrum licensing. To say it should be 'free' is like saying there should be no traffic laws. It has a certain ideological panache but is really useless from a practical standpoint. The suggestion that we have 'established rules for non-interference' sounds interesting but I doubt it's feasible given the broadcast range of these frequencies. On the other hand, I'm no expert. Perhaps something akin to ethernet might work.

    2) The 700 mhz range should permit several providers in a given area. I'm not sure how wide each block is but I believe the spectrum being auctioned would allow 2 or 3 new players to offer wireless services in a given area. There's a graph at arstechnica. More players means more competition means lower cost. Look at the cost of long distance since the breakup of AT&T in 1984.

    3) The Internet as we know it is built on technologies created by the United States Defense Department, specifically DARPA. These are funded with tax dollars like the kind raised by this auction or the kind siphoned from your pocket. I'm under no illusions that this auction money will be well-spent, but I'm happy the government isn't asking me for money. On the other hand, if this spectrum belongs to all of us, I'd like to have my 1/300,000,000th of the money raised. At the very least, I'd like to see more discussion about how this money gets allocated.

    A different model might be where the government uses tax dollars to build a publicly owned infrastructure and then service providers bid on its usage to provide services in a given area. Is that what the Japanese model is like? Personally I don't like that model because a) the gov't would have to raise taxes instead of the windfall they get from these bids, b) anybody who's been to the DMV knows that gov't offices are totally inefficient, c) the technology would NEVER get updated because of the slow-moving bureacracy.

    4) Part of the reason this piece of spectrum is so valuable is because the buildout costs are expected to be quite low compared to other forms of digital communications. As you probably know from personal experience, wireless broadband like wifi doesn't travel through walls all that well. Relative to other frequencies, the 700Mhz spectrum is apparently prized for its ability to penetrate walls and vegetation. It was originally used for TV broadcast - a single tower might cover an entire metropolitan area or all of a small state.

    5) The 'open access' rules that have been adopted are *supposed* to force spectrum purchasers to allow their users to use any device of their choosing with no preference or limitation on what types of traffic should be permitted. In practice, this might mean that you can send email freely with a device on the network rather than being charged for every single text message. Or perhaps you could use VOIP instead of having to buy minutes for calls. We'll see what really ha

    1. Re:Apples and Oranges by sr180 · · Score: 1

      1) Unlike the internet, which runs on wires between computers, wireless communications propagate through space. For this particular frequency range, there is currently no practical way to isolate one broadcast from another in a particular area except by limiting broadcasts to different frequencies within the spectrum. If you and I both broadcast from our personal antenna on 700.635MHZ, then we both get noise--or the guy with the more powerful antenna wins but with a really messy signal. In other words, the guy with the most money wins just like the case now--except the licensing rules prevent competing broadcasters on a given wavelength.

      Not completely true. With CDMA and WCDMA technology like UMTS (3g) each mobile uses all of the available spectrum -in UMTS 5MHz. Mobile Terminals arent limited to a single unique channel like AMPS and historical radio communications. So, in your example 100 mobiles may be communicating on 700.635MHz (actually the whole range between 700 and 705MHz) without issue. There is no hard limit as to how many mobile terminals can access this frquency - the higher the number of terminals, the higher the signal to noise ratio for all of the terminals.

      --
      In Soviet Russia the insensitive clod is YOU!
  35. Let them look at Europe by houghi · · Score: 1

    We had some telecoms bidding for some stff here as well a few years ago. Some of them went almost bankrupt over it.

    --
    Don't fight for your country, if your country does not fight for you.
  36. Google's feedback left for the government: by golfhakker · · Score: 1

    Excellent transaction, will do business again, Highly recommended ++++++++++++ A++++!!!!!!!!

  37. it's natural, like public land by globaljustin · · Score: 1

    ok, i learned this in mass media law and regulation class:

    the electro-magnetic spectrum is part of nature.  it exists naturally.  man-made instruments use it, but the spectrum itself is natural public land

    it falls under federal regulation because it is 'public land', just like national forrests

    the feds grant licenses for various entities to use public land, so in the same way they grant licenses to use the spectrum

    that's the story

    --
    Thank you Dave Raggett
  38. Great sport by Bertie · · Score: 1

    When they did this in the UK, I was working for one of the companies bidding (although I had nothing to do with it), and we all got totally addicted to watching the game unfold.

    The four incumbent operators (at the time, it was Vodafone, BT, Orange, and One2One) weren't allowed to bid on the biggest slice, so you had a load of new faces slugging it out for that one. These companies were also allowed to bid for the other four slices, but basically the four incumbents couldn't afford not to secure a slice, so everybody knew that one way or another they would end up getting them, and it was just a question of how much they'd end up paying.

    So there were two rounds of bids every day, with the game ending when nobody made a new move for two rounds. So it was a bit like musical chairs - you never knew when the music was going to stop and you had to make damn sure you were holding a slice of the bandwidth when it did. Incredibly tense.

    And when it all finished, it became clear that Vodafone had been stung hard. As I said, there were four slices that the current operators were allowed to bid on, one of which was significantly bigger than the others. Now, Vodafone had the deepest pockets, this was known by all playing. So once it became clear that Vodafone had decided they were having the biggest slice, it seems that the other operators took it in turns to outbid each other for it, forcing Vodafone to go up and up. And then once they'd pushed the price up to nearly twice as much as all the other licences, suddenly they stopped bidding for the big slice and settled for the smaller ones, leaving Vodafone high and dry.

    Anyway, it looks like the US process is something similar, so keep an eye on it, it's top entertainment.

  39. Re:Cool! A Minnie Driver/Anne Hathaway love scene. by Jedi+Alec · · Score: 1

    Holy crap, EVE macro miners are coining that much cash these days?

    --

    People replying to my sig annoy me. That's why I change it all the time.