Tomorrow is the big day. No, it's not a national holiday -- the stock market is still open and the postal service delivers mail as normal -- but August 14 marks the date by which the FCC Commissioners are supposed to vote on whether to license a chunk of spectrum for use as a free broadband service.
Under the proposal, two big bands of spectrum would be combined to support a nationwide license, part of which must be used for a free "family friendly" broadband service. M2Z Networks, which has tried to get its hands on the spectrum for roughly two years, says T-Mobile has done everything in its power to block competition in the broadband space. After several rounds of tests on the spectrum, the wireless carrier recently filed for an extension (.pdf) to further test the spectrum, known as AWS-3, or Advanced Wireless Services-3, arguing that use of it would interfere with its network.
"We're asking the FCC to give the industry additional time to do testing on the interference issues that exist ... So far T-Mobile engineers have conducted preliminary lab tests that demonstrate interference and need additional time to complete testing and submit the results to the FCC. Proponents of AWS-3 plan have never conducted empirical tests," said the company, by e-mail.
If their argument sounds legit on paper, John Muleta, founder and CEO of M2Z Networks, says it's bull.
"At the end of the day, [T-Mobile] is using a technology argument to drive competition-related issues," Muleta says. "No incumbant carrier wants more competition to come in ... It's very unusual to test the spectrum now. Part of the problem with T-Mobile is that [in past tests] they used a radio filter in their handsets, which effectively was an engineering mistake, and that's what caused the interference problem. Plus, they haven't conclusively proved that harmful interference exists ... but because they made a mistake, they're now saying that American consumers shouldn't be able to use the spectrum for a free broadband network."
An FCC spokesman said he couldn't comment since the matter is under current consideration.
While it's not clear how the commissioners will vote, FCC chair Kevin Martin has expressed interest in a free, filtered, nationwide broadband network in the past -- but has also said that even if the FCC decides to go through with an AWS-3 auction, it won't happen this year.
As for Muleta, he couldn't say what's next in the event that the FCC commissioners shoot down the proposal.
"We are committed to making sure there is nationwide competition to deliver broadband, and I think we will pursue all available remedies, but at the end of the day we don't know what the [FCC] will do ... The commissioners have had an item in front of them since May that says there should be a free lifeline broadband service, and they voted 5 to 0 that they would decide on this by August 14 -- that's the self-imposed deadline. It's up to them to make the determination," says Muleta.
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