The Wall Street Journal-20080213-Bid for Broadband Access Short-Circuits in Testing

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Bid for Broadband Access Short-Circuits in Testing

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WASHINGTON -- A high-tech industry campaign to persuade the Federal Communications Commission to allow the use of a spare communications spectrum by wireless broadband providers may have been dealt a blow last week.

FCC engineers were testing a prototype of a device supplied by Microsoft Corp., one of the leading advocates for the use of the spectrum.

On two consecutive days, after lengthy testing, the device broke down, according to Ian Ferrell, director of wireless incubation at Microsoft.

"We're not exactly sure what the issue is. It seems to be a power thing," Mr. Ferrell said.

The so-called white spaces spectrum sits in-between the channels used by television broadcasters. It was left vacant by regulators to ensure there wouldn't be any interference with broadcasters' signals.

Microsoft and other technology companies have argued the technology exists to sell devices that would use the spare spectrum to provide wireless broadband Internet service while automatically avoiding the broadcast signals.

This is the second time devices supplied by Microsoft to the FCC for laboratory testing have malfunctioned.

Last summer, a Microsoft device provided to the FCC failed to work. At that time, the company argued it was a problem with that particular device rather than anything intrinsically wrong with the technology.

Mr. Ferrell said the failure of the device this time wouldn't deter the company or those who believed in the viability of the technology.

"The fact is, this was not a production device with fancy-looking plastics and perfect power supply and all the rest of it," he said.

Four other companies, including Motorola Inc., submitted devices to the FCC for testing.

Ed Thomas, a lawyer at Harris, Wiltshire & Grannis LLP who is lobbying the FCC on behalf of the technology companies, said the agency hasn't tested the other companies' prototypes yet.

But television broadcasters, led by their National Association of Broadcasters lobby group, have been strongly opposed to the use of the spectrum.

The broadcasters group issued a statement arguing the failure of the Microsoft devices had proved the technology didn't exist to prevent interference, contrary to what the high-tech companies were claiming.

"By failing two out of two tests at the FCC, Microsoft and the Wireless Innovation Alliance have demonstrated that unlicensed devices are not ready for prime time," said Dennis Wharton, executive vice president of the broadcasters group. "This admission by white-space proponents vindicates beyond doubt the interference concerns expressed by broadcasters, sports leagues, wireless-microphone companies and theater operators."

Along with the National Association of Broadcasters, sports leagues and some members of the live-entertainment industries have voiced concern about the use of the spectrum. These groups widely use wireless microphones and fear the new devices would cause interference.

The Wireless Innovation Alliance is a newly formed group with a goal of promoting the benefits of the use of white-spaces airwaves. In its own statement, the group said the problem had nothing to do with the interference technology, but rather was caused by "an unrelated power issue."

The group has argued that allowing the white-spaces spectrum to be used would provide a way to expand the use of broadband Internet access in parts of the country where traditional service providers don't offer service.

A majority of FCC commissioners, including its chairman, Kevin Martin, have expressed support for the use of white spaces, as long as it can be demonstrated by the companies that the technology is sound.

An FCC spokesman declined to comment for this article.