The airwaves, also known as the broadcast spectrum,
are a gift of nature that modern technology has turned
into a valuable resource. As a medium for sharing
information and ideas, airwaves have enormous advantages
over paper and wires. The problem in the early days was
that signals often interfered with one another. If two
nearby transmitters used the same or adjacent
frequencies, a radio listener would hear two sound
streams simultaneously. America’s approach to this
problem (though not Britain’s or Canada’s)
was to give free exclusive local frequencies to private
broadcasters, subject to periodic hearings and
renewal.
The quid pro quo for this gift, according to the
Communications Act of 1934, was that broadcasters would
serve “the public interest, convenience, and
necessity” — whatever that might mean. The
airwaves themselves would remain, in theory, public
property, with the Federal Communications Commission
(again in theory) acting as trustee.
Private broadcasters grew large and profitable under
this arrangement. But over time, as their advertising
revenues soared, their public-interest obligations
declined. In the 1980s, the FCC dropped the Fairness
Doctrine, which required broadcasters to air both sides
of controversial issues. Educational programming also
waned. In the 1990s the spread of cell phones created
huge new demand for airwaves. Instead of giving
frequencies to cell phone companies for free, Congress
wisely chose to auction them, raising billions of dollars
for the federal treasury. Broadcasters, however, lobbied
hard for more free spectrum, and in 1996 Congress gave it
to them, ostensibly for digital TV. This was the $70
billion giveaway I described earlier. Today, digital
technology makes it possible for “smart”
receivers to pick out only the signals they need. Signal
interference thus is, or soon could be, a thing of the
past — which makes exclusive licenses unnecessary.
The airwaves could be an open access commons with
virtually no capacity limits, a possibility that makes
broadcasters, phone, and cable companies extremely
anxious.
Some broadcasters have another idea. They want to
privatize the airwaves, with ownership assigned to them.
Under this plan, the free licenses they received for
digital TV would become permanent entitlements usable for
any purpose. Broadcasters could then sell their
entitlements to cell phone companies and pocket the
windfall. The big winners would be General Electric
(NBC), Disney (ABC), and Rupert Murdoch (Fox). Other
beneficiaries would include Pat Robertson (Christian
Broadcasting Network) and Lowell “Bud” Paxson
(Pax TV). When a reporter asked Paxson why he should
receive millions of dollars for selling the
public’s airwaves, he replied: “I was a
farmer and I got lucky. Now people want to build a mall
on my farm. God bless America.”
If Congress treated the airwaves as a common asset, it
would lease most of them at market rates for limited
terms to the highest bidders. The billions of dollars
thus raised could buy free airtime for political
candidates, fund noncommercial radio and TV, and help
sustain the arts.
Alternatively, Congress could turn the
airwaves into an open access commons like roads and
streets. Using technologies like wi-fi (wireless
fidelity), everyone could enjoy high-speed Internet
access for almost nothing. As of early 2006, nearly 150
U.S. cities were deploying or planning public wi-fi
networks. These efforts are hampered by the fact
that the frequencies allotted to wi-fi don’t travel
as far, or penetrate buildings as well, as do the
frequencies given to broadcasters. A bill to open unused
TV channels for wi-fi has been introduced by a group of
senators, but it faces stiff opposition from
broadcasters, telephone, and cable companies.
The Internet
The Internet is a human-made commons that, for all
intents and purposes, can be used without limit.
It’s arguably the most remarkable technological
achievement of the twentieth century, given that it
revolutionizes commerce, community, and culture in one
swoop. As with other valuable commons, it’s coveted
by private corporations. The battle in coming years will
be between those who want to privatize big chunks of the
Internet, and those (including many corporations) who
want it to be as free, universal, and open as possible.
What’s unusual is that this is one of the few
battlegrounds where those on the side of the commons have
an early edge.
One looming battle concerns access — in
particular, bridging the “last mile” between
the Internet and the millions of people (billions
worldwide) who could use it, but now don’t. When
the Internet began, the last mile was typically crossed
by telephone. A user would dial up an Internet server and
log on. However, because telephone wires were sized for
voice signals, they can’t carry high volumes of
data at high speeds.
In due time, cable companies began offering
their thicker cables to Internet users. Phone companies
also came up with a system — DSL — that
squeezes more data through their skinny wires. There are
thus now two good ways to get high-speed access to the
Internet — if you can afford roughly $30 a month,
or $360 a year. Since not everyone can afford this,
however, we have what some people call a digital divide
— a financial barrier to universal
access.
This is where the airwaves come in. Using
digital signals, it’s now possible to bridge the
last mile to the Internet through the public’s own
airwaves. Not only that, it’s incredibly cheap to
do so, using technologies like wi-fi. At the same time,
another technical breakthrough is imminent: the Internet
— including this last wireless mile — will
soon be “thick” enough to carry data,
telephone calls, and television pictures. In theory, a
small public investment could bring all these services to
the doorsteps of virtually everyone. There’d be no
more need for private TV networks, telephone and cable
companies. The so-called information highway would be,
like public streets, truly open and free.
This is an extraordinary possibility.
Americans now pay some $300 billion a year for telephone
and cable services; perhaps half of this could be saved.
That’s the equivalent of raising every
worker’s take-home pay by about $1,000 a year. It
should be cause for celebration.
What’s more, free universal Internet
access would be a boon to the corporate side of the
economy — another example of a commons having
positive external benefits. Think of an urban shopping
street, or Main Street in a small town. Merchants on
these streets depend on foot traffic; the more passersby,
the more sales they make. If someone put checkpoints or
tollbooths on these streets, merchants would scream. So
it is with the Internet. Everyone doing business on the
Internet wants more traffic. Making the Internet free to
all would be the best thing that ever happened to
merchants.
Except, of course, for the phone-and-cable
duopoly. In several states, these powerful companies have
pushed through laws prohibiting cities from offering
wireless Internet service, and they’ve sponsored a
similar ban in Congress. The companies say their right to
profit trumps the consumer’s right to save money
and a city’s right to serve its citizens. Many
politicians still buy that argument, so the end of this
story has yet to be written.
A similar battle looms over what’s called
“net neutrality.” At the moment, the Internet
— like the telephone system — treats all
content equally. No one’s data is discriminated
against, and no one’s gets favored either —
your personal webste is treated the same as
Google’s. However, cable and phone companies want
to create a two-tiered Internet, with some content
providers getting slow speed and others — who pay
the phone and cable companies — getting high speed.
That would mean more revenue for the companies, but also
a permanent divide between corporate content providers
and everyone else.
Congress is now considering bills both to allow and to
ban such tiering, and the outcome as this is written is
uncertain.
...
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