As recently discussed in the CyberLawg, wireless spectrum
bidding is heating up. The FCC today announced its support for open bidding on
a certain range of spectrum expected to fetch approximately $15 Billion, which will
primarily benefit the federal government. The plan supported by a majority of FCC
commissioners would include an open-access requirement that would give
consumers more choices for wireless phone devices and services. Specifically, the
open-access measure would require the highest bidder to use a third of the
airwaves to build a network that is available to all wireless devices and


Bottom Line: While still making the spectrum available to business
interests, the FCC’s proposal also takes into account consumer interests by
providing “open source” spectrum not tied to any particular network. The FCC’s
support of the open-access requirement for a big-ticket bidder is an interesting
compromise, accounting for several interests, that may appear in similar forms
in future spectrum wars.


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