NAB Wants to End Appeal of FCC TV White Spaces Rules
NAB is dropping its legal challenge to the FCC’s 2008 white spaces order, which it filed in the Court of Appeals for the D.C. Circuit in February 2009. NAB filed a motion with the court Thursday, saying its concerns had subsequently been addressed by the FCC in an order this April 5 on petitions for reconsideration of the white spaces rules (http://xrl.us/bm552d). The move by NAB is seen clearing one of the remaining hurdles to full-scale use of the TV white spaces to access the Internet.
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"NAB has reviewed the FCC’s Third Opinion and Order and determined that it is no longer necessary for it to pursue this petition for review,” NAB told the court. “Accordingly, NAB hereby moves that the Court enter an order dismissing its petition for review, with each party to bear its own costs.” NAB had long raised concerns about use of the white spaces for what FCC Chairman Julius Genachowski eventually called “super Wi-Fi.” NAB, and the no longer extant Association for Maximum Service TV, were active on the issue long before the FCC conducted an extensive series of tests on interference issues, which led to the 2008 order. The FCC has authorized limited deployment of white spaces devices in two markets, in Nottoway County, Va., and Wilmington, N.C.
"NAB’s decision to withdraw its white spaces appeal is a welcome and positive development,” said FCC Commissioner Robert McDowell, who has repeatedly urged FCC action in the area. “Now the commission should waste no time in doing all that it can to finalize its longstanding bipartisan plan to put the transformational power of the TV white spaces into the hands of American consumers.” McDowell said NAB “seems to have recognized that opening up unused TV channels for innovative broadband uses, without disturbing existing broadcast operations, is the best result for the public. It’s a far better outcome than broadcasters losing even more channels in an auction to benefit Verizon and AT&T."
If the court grants the motion it will clear up one of the final legal questions about the white spaces, said Public Knowledge Legal Director Harold Feld. “This probably helps some, but at this point the biggest limitation is the geographic areas covered by the databases,” Feld said. “So far, there are only two covered markets, neither of them very big. Once the commission is satisfied that the databases can handle multiple markets in real time ... we will see much more rapid deployment. I also think the recent field testing in the U.K. and the generally enthusiastic reception to this technology that we are seeing in the U.K. by regulators will also spur deployment. People get more excited if they can see an international market.”