But opponents aren't giving up. The National Association of Broadcasters and the Association for Maximum Service Television have filed a lawsuit in the Court of Appeals for the D.C. Circuit, challenging the FCC's decision. In addition, the Broadway League in New York has filed a notice of appeal in the Second Circuit Court of Appeals. Other groups are also expected to ask the federal courts to reverse the FCC's decision.

The broadcasters argue that the FCC's decision to allow unlicensed devices on the white spaces spectrum will "allow harmful interference with reception" of television signals. They are asking the court to vacate the FCC's order on the grounds that it is "arbitrary, capricious, and otherwise not in accordance with the law."

The FCC voted last November to allow companies to use white spaces, or the radio airwaves not used by television broadcasters, for wireless broadband. Then-FCC Chairman Kevin Martin said the plan would "allow for the creation of a Wi-Fi on steroids."

Digital rights groups had argued that using white spaces for Web access will increase the availability of broadband. Because the airwaves used for television transmit through walls, around corners and over large swaths of space, it should be easier for companies to blanket an area with wireless broadband via white spaces than using the less powerful Wi-Fi spectrum.

The FCC said testing showed that the spectrum could be used for wireless broadband without causing interference with TV broadcasts, but broadcasters are skeptical. They have argued that the FCC did not correctly interpret the results of tests.

In addition to TV broadcasters, current users of wireless microphones--including performers like singer Dolly Parton, churches and Broadway theaters--object to the plan.

"We think the order was done prematurely," said Tom Ferrugia, director of government relations for the Broadway League, a trade association for the theater industry. One of the group's concerns is that devices will fail to detect the wireless signals used in theater productions and end up interfering with shows. Currently, large shows often use between 120 and 130 wireless microphones at any one time, he said.

Ferrugia said he expects to file a petition asking the FCC to reconsider its order. "We feel that we have enough evidence to demonstrate that the order was published without sufficient consideration of some of the technical information that the FCC engineers received," he said.

"We have no interest in standing in the way of progress," he said. "We just want to make sure that we are not at a disadvantage."

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