There’s another vote that will happen on Nov. 4 that has not garnered nearly as much attention as the presidential race. The Federal Communications Commission has scheduled a vote on that day, on a proposal allowing so-called "white space devices" in the TV bands. For more than four years now, the Commission has been considering the authorization of new, low power transmitting devices, such as for wireless Internet, in the television broadcast spectrum at locations where channels are "not being used" for TV or other authorized services.

Theoretically, these devices would operate by first detecting an open piece of spectrum before switching on their own transmitters. Based on several rounds of laboratory and field testing, an FCC report released last week concluded that "the burden of ‘proof of concept’ has been met," and that the Commission is "satisfied that spectrum sensing in combination with geo-location and database access techniques can be used to authorize equipment today under appropriate technical standards."

The body of the report, however, would seem to indicate otherwise. While all of the devices were said to reliably detect the presence of a "clean DTV signal" on a single channel, the measurements did not take into account the antenna that would be used with personal/portable devices. Moreover, tests performed with active DTV signals in adjacent channels showed that in the presence of moderate-to-strong signals in a first adjacent channel, the detection threshold sensitivity of all of the devices was severely impacted. The report itself stated that, "this could impact significantly the ability of the devices to reliably detect TV signals within stations’ service areas." Also, various devices were tested for their ability to sense for the presence of wireless microphones operating within UHF TV channels. The report stated that, "in the presence of DTV signals in adjacent channels, the detection threshold was degraded such that it affected the ability of the devices to reliably detect the microphone signals."

All of these findings indicate that it is likely that WSD devices will not reliably avoid generating interference into both DTV and wireless microphone services.

So why is the Commission moving forward with this contentious issue? It’s probably not a coincidence that it falls on Election Day. Changes of the national administration often portend a change of FCC leadership, and this may be an attempt by FCC Chairman Kevin Martin to impose a rule that could otherwise be delayed or defeated. It may also indicate a shift in some of the Commissioners’ positions away from protecting the broadcasters. One of the key responsibilities of the FCC is to regulate spectrum interference, so that incumbent users are protected, and this may be a move to allow more competition for spectrum use.

CEA has stayed neutral on the issue, perhaps because of members on both sides of the issue. NAB and MSTV, together with LG, Sony, Panasonic, Hitachi and JVC have voiced their opposition to the rule. Philips is one of the few CE companies that has supported the idea, and submitted devices for testing. Recall, however, that Philips no longer is in the TV business in the United States, other than licensing the name.

Spectrum protection cannot be accomplished on a "shoot first and ask questions later" policy. In all likelihood, viewers experiencing interference with their over-the-air DTV programs will not know where it originates from, and neither will the broadcasters or the FCC if a complaint is filed. That could result in viewers returning their DTV converter boxes, or even DTV receivers, believing them to be at fault. It could also result in viewers turning to pay services for their TV viewing, causing a big problem for the broadcasters. (In fact, there is evidence that suggests that cable set top boxes could be impacted as well.) While some have speculated that the spectrum is losing its value for TV broadcast, the 12 million DTV converter box coupons redeemed to date would suggest otherwise–and broadcasters are eager to start mobile/handheld services as well, which could additionally be impacted by this ruling.

For all of these reasons, the conservative approach would be to not move forward with this decision at this time– the additional risk is not worth the threat to the DTV Transition. Broadcasters have petitioned the FCC to hold off on doing anything for at least 70 days, 45 days for comment, and another 25 for reply comments. It’s not known whether the Commission will heed the request. If advances in technology can make WSD devices approach 100% reliability, then the burden is on those supporters to show that the spectrum will be protected. Anything less, and WSDs will become Weapons of Spectrum Destruction.