The FCC is proposing to permit the use of unlicensed wireless devices similar to Wi-Fi devices in unused portions of the VHF television frequency band.

Overlay (or underlay, depending on your perspective) use of unused or underutilized spectrum allotments is common in the United States under Part 15 of the FCC’s regulations, but historically certain frequency bands such as broadcast radio and television were ‘over-protected’. That over-protection appears to be under review, particularly in light of the significant social benefits that these new wireless devices bring.

The huge benefit of the FCC’s proposed action will be that Wi-Fi devices operating in these bands will propagate their signals much further and those signals will also be more likely to penetrate walls and trees and other geographic obstacles. As the FCC says:

We agree with these parties that the propagation characteristics of the spectrum occupied by the TV service would allow the design and manufacture of new types of unlicensed wireless broadband devices that could serve applications that need a greater range of operation and coverage than that afforded by unlicensed devices operating in higher frequency regions of the spectrum.

Students of regulatory procedure take note of the following differences with Ofcom’s typical approach:

* The rule making or ‘consultation’ document is more formal and legalistic, no logos or colorful charts, but usually lots of citations to regulations, studies and reports.

* You can already track this proceeding by clicking here, and using docket number 04-186.

* See paragraph 50 for how the FCC treats ex-parte presentations in a proceeding of this nature: they are allowed, but must be disclosed for the record.

We’ll keep an eye on this…