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A Battle for Spectrum in the US between the Government and TV Broadcasters

June 2011

 

This is an issue being encountered by every developed country around the world. It's causing a huge row on the other side of the pond, with reports from the US that the National Association of Broadcasters (NAB) is in "full battle mode" with the Obama administration over the US government's National Broadband Plan's objective of freeing up 500 MHz of spectrum for use by wireless broadband. According to the NAB, 120 MHz of this is earmarked to come from the spectrum currently allocated to television broadcasting, which the NAB is not willing to handover voluntarily. One report quoted CBS chief Les Moonves as saying in April that as long as spectrum reallocation "remains voluntary, we're fine with that. Because we're not going to volunteer." Yet the counter-argument to this is that as users find new platforms for experiencing content, namely their smartphones and iPads, there is less force of argument to justify the traditional broadcasters' current allocation. In other words, admit defeat and handover the precious spectrum.

Current EU objectives

The UK government and its regulators must act, of course, within the parameters set by the European Commission, and many of the actions taken or to be taken by Ofcom (such as refarming the 900MHz band and enabling spectrum leasing) are activities taken at the direction of various EU decisions and directives. In April 2011, the Commission adopted a decision to open up the 900MHz and 1800MHz bands to 4G services, in line with its objective to ensure that all Europeans have access to basic broadband by 2012, and access to ultra-fast broadband by 2020. To ensure these bands are available in time for the roll-out of 4G technology, member states must implement the decision by 31 December 2011. In addition, the European Commission has announced the Radio Spectrum Policy Programme, which outlines a number of actions to be taken by member states over the next five years, including:

  • taking all steps necessary to ensure sufficient spectrum is allocated within the EU, in order to achieve the target for all European citizens to have access to broadband at speeds of at least 30 Mbps by 2020;
  • refarming certain specified spectrum by 1 January 2012 to facilitate access to wireless broadband via the specified bands; and
  • making available the 800MHz band for electronic communications by 1 January 2013.

Conclusion

In conclusion, while the UK government and Ofcom have begun implementing various projects to effectively counter any long-term spectrum drought, there may very well be a spectrum shortage in the near future, as mobile users sit tight and wait for licences to be awarded following the Big Auction, rules to be implemented to ensure the continuing liberalisation of spectrum, and investigations into the release of public spectrum completed. In the meantime,  the MNOs are attempting to address the issue commercially, by offering retail plans which cap data allowances, put a price on excess data and 'plug the gaps' by allowing mobile users to tap into WiFi hotspots around town. This can only possibly be a temporary measure, as our appetite for mobile data continues unabated.