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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)."

24 of 169 comments (clear)

  1. 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. 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 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.
  3. 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 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
    3. 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.
    4. 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.

  4. 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 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.

    3. 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).

    4. 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

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

    Sniping, anyone?

    --
    First rule of holes; When in one, stop digging.
  6. 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 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.

  7. 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.
  8. 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....

  9. 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.

  10. 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.

  11. 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 ;).

  12. 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.

  13. 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.