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While the mainstream process fails to deliver more than pigeon steps towards full openness, companies will continue to try to achieve this with disruptive, sideways moves, usually focused on underused areas of spectrum. This was the goal of the metrozone movement in unlicensed bands, though this largely failed to deliver more than localized wireless facilities because of problems with the spectrum, technology and business model. Last week, one of California's Democrat Representatives, Anna Eshoo, introduced legislation that resurrected an approach pioneered by M2Z last year. Her Wireless International Nationwide for Families Act would direct the FCC to auction unused spectrum in the 2155MHz to 2180MHz band, and require the winner to offer a free wireless broadband network that reached 95% of the US population within 10 years.

This basically revives a proposal, rejected by the FCC, that was made in 2006 by start-up M2Z Networks, headed by a former FCC chair, John Muleta, and backed by powerful Silicon Valley venture funds. M2Z called for 25MHz of vacant spectrum in the 2155MHz to 2175MHz band to be allocated for free wireless broadband. Eshoo's proposal calls on the winning operator to start offering always-on wireless broadband service within two years of receiving the license; to offer free service to consumers and "authorized public safety users"; to ensure the service offers at least 200Kbps speeds in at least one direction and include "a technology protection measure that protects underage users from accessing obscene or indecent material through such service"; and to offer royalty-free standards so that others can develop and deploy equipment that can operate on the network.

If M2Z's experience is any indicator, Eshoo faces an uphill battle, although at least she is suggesting an open auction, whereas M2Z wanted to be given access to the spectrum uncontested, an approach hotly opposed by the telcos. Muleta's plan was to be given guaranteed access to national spectrum in return for the provision of a free access service, featuring open access and obscenity filtering, and with a share of revenues returned to the government in lieu of market license pricing.

Naturally, the wireless industry vehemently opposed any preferential treatment for alternative providers in this valuable spectrum, and the FCC took the cautious ground, concluding that it would be better to initiate a consultation and rulemaking process on the 2155-2175MHz frequencies, to adopt flexible rules and take all opinions into consideration. Other, unnamed, parties had also submitted proposals for the band in 2006-7.

The FCC was not convinced by M2Z's argument that it was proposing a whole new service eligible for special treatment under the law, noting that base level data speeds would have been relatively slow - also true of the new proposal - and that other applicants claimed innovative approaches too.

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