Intellectual Property Law

US Wireless Internet Services- WIS

By IBLS Editor

Wireless Internet services (WIS) allow internet broadband connections via satellite signal or ground-based antennas.  Prior to WIS, broadband connections could only be obtained through wired networks such as DSL (digital subscriber lines), T-1 lines (high capacity telephone lines), and cable modem services.  WIS revolutionized the use of the Internet because it now allows fast internet connection on cellular phones, laptops, and other 'carry-on electronic' devices.  WIS expanded Internet connectivity in hotels, coffee shops, book stores, and, more importantly, in remote rural areas.

Wireless Internet service providers (WISPs) are regulated by the US Federal Communications Commission (FCC).    In the US, there are two types of WISPs; licensed and unlicensed users of the electromagnetic spectrum.  Licensed WISPs are those who obtained from the FCC an authorization to operate in specified areas, frequencies, and for specified purposes.  They are authorized to exclusively use the licensed spectrum with little interference from other WISPs.  The FCC designated some spectrums for unlicensed operations and these are used by some WISPs. In fact, WIS developed due to the FCC permission to use free spectrums.  Many congressional debates have ensued when certain monopolistic groups have tried to interfere to close or reduce unlicensed operation spectrums.  Fortunately, they are still a reality since 1938.  Better yet, the need for additional unlicensed spectrum has moved the FCC to allocate additional spectrum to satisfy the need that emerged after the year 2000. 

Licensed spectrum operators are typically the ones offering internet services through cellular systems, mobiles, etc.  In fact, the FCC allocated additional spectrum to WIPs offering mobile wireless Internet services in 2003.  These WIPs offer their mobile internet service through a system called "Third Generation Wireless" or just "3G."   3G explains why US children are now watching their favorite TV show on their parents' iPhone. 

As it may be inferred, the use of the spectrum has become a relevant issue for the FCC and the future of the Internet (and those offering internet services).  The FCC has created several tasks groups to study and address this issue.  For instance, the Wireless Access Task Force of 2004 studied the following issues, (1) whether WISPs had enough spectrum available to offer broadband services; (2) to what extent licensed and unlicensed wireless broadband networks are already providing an alternative platform to other broadband services; (3) whether the FCC rules could be more flexible regarding wireless communications; (4) other applications been offered and whether they are similar to the wired Internet or ''are other, more personalized, niche applications being developed?''  This task force provided its report on February 2005. 

The report called for innovative policies and approach from the FCC to face the challenges posted by wireless internet and its innovative technologies.  Some of the task force suggestions are:
1. "Promote voluntary frequency coordination efforts by private industry for license-exempt spectrum-such as those already successfully underway in some of the more congested parts of the country-to mitigate potential interference among users.
2. Promote voluntary industry ''best practices'' among unlicensed users to maximize the potential opportunities for spectrum use.
3. Facilitate reporting of violations of technical rules for license-exempt spectrum (e.g., improper power boosting and jamming) to ensure level playing field and minimize impermissible interference.
4. Expedite the transition of the digital television (DTV) spectrum for advanced wireless services and public safety, given that the spectrum in the 700 MHz band was ideal for mobile broadband applications. The Task Force also recommended that the FCC consider additional mechanisms for allowing 700 MHz channels to be used for wireless broadband services before completion of the DTV transition.
5. Ensure that FCC rules were flexible enough to allow providers to pair spectrum asymmetrically to account for the unbalanced nature of broadband services, which typically required a large amount of bandwidth for downstream communications, and less bandwidth for upload links. For mobile services, the FCC had traditionally paired two licenses of equal size, one for upstream and one for downstream communications.
6.  Apply a pro-competitive, innovative national framework for wireless broadband services-one that imposed the fewest regulatory barriers at both the federal and state level-to wireless broadband services. The Task Force recommended that the FCC consider several options to achieve this goal, including classifying wireless broadband either as an ''information service'' or an ''interstate'' service, or clarifying the scope of the deregulatory principles applied to Commercial Mobile Radio Services (CMRS)-which had enabled the rapid success of mobile voice and data services over the prior decade.
7. Continue to take a pro-active, forward looking approach to regulation as wireless broadband networks began to be used in combination with other broadband service networks and services (e.g., regularly evaluate an increasingly flexible regulatory environment for service providers to facilitate convergence).
8. Build upon and improve specific existing FCC outreach efforts (e.g., relationships with federal agencies and state & local governmental organizations)."  

Full post as published by IBLS Internet Law Blog on July 07, 2008 (boomark / email).