This is the transcript for Community Broadband Bits Episode 262. Harold Feld and Christopher Mitchell discuss Microsoft's announcement on TV White Spaces and what it means for rural areas. Listen to this episode here.

Harold Feld: It's the openest public airwaves, because we actually let the public use it.

Lisa Gonzalez: This is Episode 262 of the Community Broadband Bits podcast from the Institute for Local Self-Reliance. I'm Lisa Gonzalez. TV White Spaces and White Space Technology has been in the news lately. Microsoft recently announced a plan to use White Spaces to bring high-speed internet access to rural areas across the country. This week, Harold Feld, from Public Knowledge, takes some time to talk with Christopher about the announcement and White Space Spectrum. Microsoft has raised a stir with their proposal, and Harold explains why. Before we start the interview, we want to remind you that this is a commercial-free podcast, but it isn't free to produce. Please take a minute to contribute at ILSR.org. If you're already a contributor, thank you for playing a part in keeping our podcast going. Now, here's Christopher with Harold Feld from Public Knowledge.

Christopher Mitchell: Welcome to another edition of the Community Broadband Bits podcast. I'm Chris Mitchell with the Institute for Local Self-Reliance, and I'm talking today with Harold Feld, the senior vice president for Public Knowledge. Welcome back to the show, Harold.

Harold Feld: Thank you.

Christopher Mitchell: One of the things that you've been working on for a very long time is something called TV White Spaces. Why don't you tell us a little bit about what they are?

According to a 2014 Enforcement Advisory, cell phone and Wi-Fi jamming by state and local law enforcement is illegal by federal law. And yet, persistent allegations of jamming are coming from Water Protectors at the Standing Rock protests in North Dakota. Any jamming by law enforcement to monitor protestor cell phone communications is a serious breach of their Fourth Amendment rights as it amounts to unreasonable search and seizure. First Amendment rights of freedom of speech are also compromised when the method of transmitting reports is purposely blocked.

In order to pressure the FCC to determine whether jamming is happening in North Dakota, MoveOn.org has posted an online petition. From the petition:

Proving or disproving allegations about jamming is very difficult for anyone except the Federal Communications Commission [FCC]. Only the FCC can work with wireless providers, protesters, and local law enforcement to find out definitively what’s going on. The FCC is the only expert agency with authority to require law enforcement to disclose their use of any wireless devices and the only agency with the expertise to assess what is actually happening. If the FCC investigates and finds that there is no illegal jamming happening, then it can settle this concern. If the FCC discovers that there is illegal jamming happening, it has an obligation to expose the jamming and use its power under federal law to order local law enforcement to stop interfering with First Amendment rights of freedom of speech and freedom of the press.

As Harold Feld writes in his recent blog article, that the presence of IMSI catchers or Stingrays, leaves signs that the Water Protectors are experiencing at Standing Rock - sudden loss of a strong signal at inopportune times, cell phone batteries depleting quickly and inexplicably. Cell phones not only allow them to communicate with each other, but allow them to document law enforcement reaction:

In our last Community Broadband Bits podcast, Christopher and I discussed the August 10th U.S. Court of Appeals for the Sixth Circuit decision to reverse the FCC’s February 2015 ruling against state barriers. We mentioned Harold Feld’s article about the ruling posted on his website. In keeping with most matters of importance in the municipal Internet network field, Harold expertly sums up the history of the case, the arguments, and what the outcome could mean for the future.

Feld gets down into the crux of the argument that won over the three judges in the Sixth Circuit - the need to establish if it is states or federal agencies that make the decisions regarding whether or not local governments can provide telecommunications.

Determining the answer was a multi-step process and Feld explains how the FCC came to the conclusion that they had the authority to preempt the laws and the states' arguments against it. This was, after all, a test case and Feld describes why the FCC chose Chattanooga and Wilson.

Read more on Feld’s Tales of the Sausage Factory, where he speculates on how the big incumbent providers will react to their win and what is next for municipal network advocates. From Harold:

As with most things worth doing in policy land, it’s disheartening that it’s an uphill fight to get to rational policy. The idea that states should tell local people in local communities that they can’t invest in their own local infrastructure runs against traditional Republican ideas about small government and local control as it does against traditional Democratic ideas about the responsibility of government to provide basic services and promote competition. But that’s how things work in public policy sometimes. We can either give up and take what we get, or keep pushing until we change things for the better.

On April 17th, FCC Commissioners voted unanimously to expand the use of spectrum previously reserved for U.S. Army and Navy radar systems. The FCC Report and Order creates the Citizens Broadband Radio Service (CBRS) which establishes rules for shared use by licensed and unlicensed users.

This is a step forward to ensuring we are getting the most use out of the spectrum - by allowing different entities to share the spectrum when it is not being used in some geographic areas for the purpose it was originally allocated for. Milo Medin of Google explained this plan at Freedom to Connect - watch his presentation here.

According to the FCC Press Release [PDF], sharing will be managed with a three-tiered approach:

In addition to the protected incumbent tier, the Report and Order authorizes two commercial tiers of use in the Citizens Broadband Radio Service. The General Authorized Access tier, which allows any user with a certified device to operate without seeking any further Commission approval, will permit low-cost entry into the band, similar to unlicensed uses. A Priority Access tier will make geographically targeted, short-term priority rights to a portion of the band available through future spectrum auctions. One or more Spectrum Access Systems, operated by private commercial entities, will facilitate coexistence among the different user tiers.

Public Knowledge applauded the decision. Senior Vice President Harold Feld:

Today’s FCC’s actions lay the groundwork for changes in the very way we use wireless, allowing different levels of interference protection and network architecture that will make the wireless world of the future as radically different as the smartphone and the WiFi hotspot are from touchtone phones and the CB radios.

New America's Michael Calabrese, Director of New America's Wireless Future Project commended the FCC and pushed for more action:

In a June 10 Official FCC Blog post, Chairman Tom Wheeler's words show continued resolve to restore local decision-making to communities that want to evaluate their own investments and partnerships. This is the latest in a series of public statements indicating the agency is ready to assert authority and remove barriers to community networks.

Wheeler writes:

If the people, acting through their elected local governments, want to pursue competitive community broadband, they shouldn’t be stopped by state laws promoted by cable and telephone companies that don’t want that competition.

I believe that it is in the best interests of consumers and competition that the FCC exercises its power to preempt state laws that ban or restrict competition from community broadband. Given the opportunity, we will do so.

In April, Wheeler raised a few lobbyist eyebrows in a speech on the role of municipal networks at the Cable Show Industry conference in Los Angeles. In this latest post, he notes that Chattanooga's network transformed it from "a city famous for its choo-choos," into the "Gig City." The network spurs economic development, improves access, and inspires innovation, notes our FCC Chairman.

The National Journal also takes note of the FCC blog post. Its article points out that Wheeler criticizes Tennessee's state law restricting Chattanooga's ability to expand. Even though nearby communities want service from EPB, the City is forbidden from serving them. Not acceptable, says Wheeler.

While the National Journal suggests Tennessee may be the first state to face FCC authority to eliminate state barriers, policy experts have no expectations yet. From the article:

Harold Feld, the senior vice president of consumer advocacy group Public Knowledge, said Wheeler will probably not launch a broad initiative to attack state laws around the country. Instead, the FCC chief will probably wait for groups or individuals to file complaints about specific state laws, Feld predicted.

The proposed Comcast/Time Warner Cable deal will be on everyone's mind for many months to come. Thanks to Harold Feld, it is now possible to follow the process as it moves forward. Feld began a series of posts earlier this month that map out the review as it moves from the Department of Justice Antitrust Division to the Federal Communications, and finally to Congress. As Feld notes, the entire process will last six months at least and could run for more than a year. 

In addition to drawing a process map, Feld provides insightful subtleties on the purpose behind each step in the review. He also offers political analysis that may influence the outcome. Feld gets into the unique review process, burdens of proof, and relevant definitions at each stop along the way. Highly recommended, especially for law students.

Part I - Introduction

Part II - Antitrust Review at the DOJ

Part III - Federal Communications Commission analyzes public interest

Part IV - The proposal moves through the committee process and the public has a chance to express themselves to their elected officials (including lobbyists)

The Gigabit Libraries Network (GLN) has orchestrated a pilot project to optimize white space technology for connectivity in and near community libraries and schools. We discussed this approach on our most recent podcast with Don Means, coordinator of the project.

White spaces wireless, sometimes referred to as "Super Wi-Fi" or "TVWS," can provide limited access in rural areas with limited funds and limited connectivity options. The technology is still in the development stage but creative people working in community libraries are finding new ways to use it.

GLN's goal is to bring next generation connectivity to all 16,000 libraries in the U.S. The organization grew out the 2007 "Fiber to the Library" Campaign from the Community TeleStructure Initiative. The initiative is a collaboration of institutions of higher education, corporations serving the higher education technology market, and related entities. GLN advances the idea that anchor networks, like those at the library, are cost effective ways to serve populations and to create middle mile access.

"White spaces" are the unlicensed low-frequency spectrum that was reserved for television signals prior to digitization of television. (If you are REALLY old, like me, you remember the "UHF" and "VHF" dials on the ol' black-and-white.) As we transitioned to digital TV, the spectrum was abandoned. White spaces differ from traditional point-to-point wireless spectrum because they do not require a line of sight. Buildings, trees, or other obstacles do not stop the signals. Thurman, New York, and New Hanover County in North Carolina use white space technology for limited Internet access in their areas.