Robert Kelly and Mark Johnson’s Legal Brief
r
as
e
vin Bor
y
K
Photo b
- and this is how it should be.
“The risk is that
seen as a failure, as there was
The history of infrastructure
development in the United
this long-planned
only one bidder, and the
submitted bid was
States further supports the
communications
significantly lower than the
conclusion that only the
federal government can fund a
network will be
FCC’s reserve price.
The FCC is still struggling
nationwide ITS
the best network
with how to auction the
communications network. It
was the federal government
never built”
spectrum and yet realize the
deployment of a national
that constructed the interstate the public network. Indeed, public safety communications
highway system; private sector state governments will only network in partnership with
development along the commit to deploying their the private sector.
highways followed in short safety and public information The recent struggles to
order. services if they know the create a national public/
federal government will fund private communications
Casting the net the network build-out. network in the 700 MHz band is
Similarly, the Internet started further evidence that the
as a government Band practice federal government is the only
communications network, but The recent auction of the entity that has the capacity -
once this network was made 700 MHz band is also funding and otherwise - to
available for private illustrative. As we discussed in create a nationwide public
development, the Internet as a previous column, the FCC set sector network, whether in the
we now know it came to be. aside 10 MHz of nationwide 700 MHz band or for ITS in the
Once roadside transmitters spectrum in the 700 MHz band DSRC spectrum band.
are installed by the state DOTs for a nationwide broadband
with federal dollars, the public safety network. The time is now
private sector will surely However, the FCC attempted The coming months represent
follow. to auction the spectrum band the best opportunity that ITS
For example, the vehicle to a private entity, which would has had, and likely will have
OEMs are not going to make be committed to partnering for some time, to secure the
the financial and engineering with the public safety to build necessary public funding and
commitment to install DSRC and operate the nationwide leadership to deploy a national
devices as original equipment network for both private and ITS communications network.
until they know that this public use. If not now, when? Otherwise,
equipment can be supported. The auction of other there is a very real risk that
Developers of private spectrum in the 700 MHz band this long-planned
information services and after- realized significant returns, communications network will
market devices will find however the auction of the be the best network never
opportunities to piggyback on public/private 10 MHz was built. TH
6
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