August 2009 -- On May 9, 1985 the Federal Communications Commission (FCC), in a meeting that attracted
little attention outside the few companies that lobby the agency, adopted a set of rules
dealing with the esoteric topic of spread spectrum modulation. But like a seed planted in the
ground, these rules resulted in the germination of new classes of products that ultimately
had both significant economic impact as well as impact on the daily lives of many people.
This decision did not start as an attempt to bring specific products to market, but as part of a
program to remove anachronistic technical regulations and allow a free market in innovative
technology, subject only to responsible interference limits.
Historically, most spectrum policy decisions at FCC have originated in petitions filed by large
corporations, or at least corporations with powerful legal representation. The usual way to
resolve spectrum policy controversies at FCC has been to either encourage the parties
involved to reach a compromise consensus or to make a Solomonic decision splitting the
differences between the parties (since the FCC views itself as the ‘‘expert agency’’ in
spectrum management, this reticence to make independent decisions seems a little odd).
The May 1985 spread spectrum decision was unusual in that it came from a bold policy
initiative, started under one chairman and finished under his successor (from a different
party), that was strongly opposed by almost all the vested corporate interests that dealt with
FCC. The success of this 1985 decision may show that consensus-based decision making,
although appropriate for many or even most issues, should not be the sole policy tool for future FCC decisions. It also shows that planning for the future can give long-term benefits
beyond the term of one chairman.
Citation
"Wi-Fi and Bluetooth: The Path from Carter and Reagan-era Faith
in Deregulation to Widespread Products Impacting Our World" by Michael J. Marcus, 5 INFO 19-35 (August 2009), Quick Links: Unlicensed Wireless Policy Conference
Related Scholarship
"Mark Fowler's Introduction of Mike Marcus" by Mark S. Fowler (April 2008), Quick Links: Unlicensed Wireless Policy Conference
"Unlicensed Wireless Policy Conference: Guest Editorial" by Charles L. Jackson, 5 INFO (August 2009), Quick Links: Unlicensed Wireless Policy Conference
"Unlicensed to Kill: A Brief History of the FCC Part 15 Rules" by Kenneth R. Carter, 5 INFO 8-18 (August 2009), Quick Links: Unlicensed Wireless Policy Conference
"Wi-Fi and Bluetooth: The Path from Carter and Reagan-era Faith
in Deregulation to Widespread Products Impacting Our World" by Michael J. Marcus, 5 INFO 19-35 (August 2009), Quick Links: Unlicensed Wireless Policy Conference
"Unlicensed: The Case of Wi-Fi" by Ing Victor Hayes & Ir. Wolter Lemstra, 5 INFO 57-71 (August 2009), Quick Links: Unlicensed Wireless Policy Conference
"Grazing on the Commons: The Emergence of Part 15" by Henry Goldberg, 5 INFO 72-75 (August 2009), Quick Links: Unlicensed Wireless Policy Conference
"Has "Unlicensed" in Part 15 Worked? A Case Study" by Tim Pozar, 5 INFO 86-91 (August 2009), Quick Links: Unlicensed Wireless Policy Conference
