On Tuesday, the Federal Communications Commission is scheduled to vote on a measure that would make white space available for wireless broadband. Under the proposal, these airwaves would be treated like Wi-Fi that is unlicensed and free to everybody. Called white spaces, these airwaves have acted as a buffer between TV channels to prevent overlap and interference from other signals. With television stations abandoning the airwaves as they switch to federally-mandated digital service, white spaces have become a hot commodity because of their ability to pass easily through walls and travel long distances.

Among others, Google, Microsoft, Hewlett-Packard and other technology companies say the spectrum could be used by a whole new array of Internet-connected wireless gadgets. On the other hand opponents of the plan say that use of white space will interfere with other devices, like wireless microphones, and also still interfere with clear television broadcasts despite the move to digital. Everyone from Bill Gates to Dolly Parton has begun lobbying the FCC as the vote closes in. In a letter to congress, Parton said "the importance of clear, consistent wireless microphone technology cannot be overstated."

Nevertheless some cable programmers argued that the FCC's order would make it harder for them to gain access to cable systems if both analog and digital signals of local stations had to be offered.

Judge Judith Rogers said Friday that the programmers' case faltered because they couldn't cite an example of a cable operator who isn't either already using all-digital operations or moving in that direction. She said the FCC has found that "virtually all cable operators" ultimately will have all-digital systems, which would free up bandwidth. The two year old battle over the white spaces’ situation is likely to come to an eagerly expected end on Tuesday.