Spectrum Sale May Open Market

FCC Rules Could Be Boon
For Technology Companies;
Loosening Telecom's Grip

By AMOL SHARMA and COREY BOLES
July 11, 2007; Page A2 - WSJ

A coming government auction of valuable radio spectrum could hand Google
Inc. and other technology companies their first significant victory in a
battle to loosen the grip held by telecom operators on the wireless and
broadband markets.

Federal Communications Commission draft rules would set aside part of the
available spectrum for creation of an "open" network free of the constraints
that large telecom operators like AT&T Inc. and Verizon Communications Inc.
normally impose. The spectrum being auctioned is estimated to bring in $15
billion to the Treasury. The new open-access rules would apply to a slice
that is big enough to create a nationwide network.

SLICING THE SPECTRUM

 

.  The News: The FCC's draft rules for a coming auction of radio spectrum
would set aside part of it for creation of an "open" network big enough to
be nationwide.

.  The Background: Big telecom operators have maintained a grip on wireless
and broadband markets, controlling mobile devices, software and services
subscribers can use and "locking" phones to carriers.

.  What's Next: The initial rules will be debated in coming weeks ahead of a
vote

Google, a satellite-TV provider, or another new entrant could now be enticed
to bid in the auction and enter the wireless market as a competitor to the
large carriers. In a number of filings at the agency and in a letter late
Monday, Google has argued that some spectrum should be set aside for an open
network. EBay Inc.'s Skype has also weighed in with filings to back such
rules.

Though Google has considered the idea of buying spectrum and outsourcing the
building and operation of the network to a third party, according to one
person familiar with the company's thinking, it remains unclear whether
Google is ready to spend billions to build and operate a new wireless
network. Another person familiar with the matter said that a direct bid by
Google for spectrum is very unlikely at this point, because the Internet
company views such a move as outside its core activities.

Google, Skype and others in the high-tech industry say large telecom firms
stifle innovation by controlling which mobile devices, software and services
subscribers can use and "locking" phones to a particular carrier. For
example, AT&T has exclusive carriage of Apple Inc.'s iPhone. Those Internet
companies have had difficulty bringing services such as free Web calling to
the mobile-phone market, while handset makers like Nokia Corp. have had
trouble bringing popular European phones to the U.S., where the telecom
operators control what phones are used on their networks.

[Kevin Martin]The telecom carriers say the draft rules for the auction are
unnecessary and have been engineered to fit Google's business model -- and
to scare off Verizon and AT&T from bidding for that slice of spectrum.

FCC Chairman Kevin Martin said in an interview that the draft rules would
spur innovation by handset makers and other technology companies bringing
out mobile phone products and services. He cited as an example Wi-Fi capable
cellphones that have been slow to roll out in the U.S. "I think consumers
would dramatically benefit from that kind of capability," he said.

The initial FCC rules will be debated at the agency in coming weeks ahead of
a vote, for which a date hasn't been set -- but they will likely form the
basis of the final auction rules. Some mobile-phone entrepreneurs and
consumer advocacy groups said the draft rules didn't go far enough to ensure
that a new operator with an open network will enter the wireless market.

Verizon has fiercely opposed any restrictions on how it operates its
wireless and landline networks. Telecom companies have a sizable lobbying
army in Washington and have gained clout through a recent round of mergers.

Just last year, Verizon and AT&T lobbied successfully to quash legislative
proposals to regulate their Internet services and prevent them from speeding
up their own Internet traffic -- or that of preferred business partners --
while letting Web services from rivals travel at slower speeds. Backers of
so-called "net neutrality" want to ban such preferential treatment. Net
neutrality is the notion that owners of phone and cable networks can't
dictate how a consumer uses the Internet or discriminate against any
Internet content, regardless of the source of the content.

The large carriers won another victory two weeks ago when the Federal Trade
Commission said in a closely watched 170-page report that such "net
neutrality" regulations were unnecessary.

The coming auction has moved the debate over net neutrality to the wireless
industry. U.S. wireless carriers exert multiple layers of control. "You can
build a totally terrific product, but getting it distributed is a big
issue," said Doug Garland, a mobile-industry veteran who once headed up
Yahoo Inc.'s mobile group and has worked for telecom carriers.

Wireless service providers must lease access to the public airwaves, or
radio spectrum, through periodic FCC auctions so they can build networks to
carry their voice and data traffic to customers. The spectrum on the block
in the coming auction are the frequencies being vacated by television
broadcasters, which are mandated by law to switch to new digital signals by
February 2009. The auction is attracting heightened interest, because the
frequencies at stake are especially suited for broadband communications.

Technology companies such as Intel Corp., Yahoo and eBay would like to see a
new entrant get a chunk of that spectrum. And, in fact, Google and some
others have gone a step further to argue that the FCC should explicitly
designate that the new entrant open up its network to a wider array of
applications and mobile devices than do existing carriers. The draft FCC
rules, which the agency hasn't released publicly, would apply those
requirements to about one-third of the spectrum being auctioned. While AT&T,
Verizon and other telecom providers would not be barred from bidding for the
spectrum, the strings attached to it will likely make it much less palatable
to them.

"This is probably the best opening for this network neutrality issue for the
next couple of years," says Paul Gallant, an analyst at Stanford Group who
advises institutional investors on policy developments in the telecom
industry.

--Kevin J. Delaney contributed to this article.

David T. Hughes
Director, Corporate Communications
Roadstar Internet
604 South King Street -Suite 200
Leesburg, VA 20175
Office - (703) 234-9969  Cell -    (703) 587-3282
Corporate Offices - (703) 554-6621
Fax - (703) 258-0003
[EMAIL PROTECTED]
AIM: dhughes248 - Video conference capable



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