The Possibility of Spectrum as a Public Good
http://shirky.com/writings/spectrum_public_good.html

The FCC is considering opening up additional spectrum to unlicensed
uses -- the same kind of regulatory change that gave rise to
Wifi. Much of the spectrum being considered for unlicensed use is
currently allocated for broadcasters, however, so FCC's proposal
creates tension between incumbents and groups that want to take
advantage of the possibilities inherent in unlicensed spectrum.

Most issues the FCC deals with, even contentious ones like limits on
the ownership of radio and television stations, are changes within
regulatory schemes. The recent proposal to move the maximum media
market reach from 35% to 45% took the idea of an ownership cap itself
at face value, and involved a simple change of amount.

Unlicensed spectrum is different. In addition to all the regulatory
complexities, an enormous philosophical change is being
proposed. Transmuting spectrum from licensed to unlicensed changes
what spectrum is. This change is possible because of advances in the
engineering of wireless systems.

This matters, a lot, because with the spread of unlicensed wireless,
the FCC could live up to its mandate of managing spectrum on behalf of
the public, by allowing for and even encouraging engineering practices
that treat spectrum itself as a public good.