1. ©Ofcom IEEE 802 Plenary, Dallas, Tx RRTAG( 802.18) meeting Consultations on Tera Hertz 12 th November 2008 Andrew Gowans, Head of Exempt Technology Team Spectrum Policy Group

2. ©Ofcom The spectrum under discussion Regulatory framework The consultation proposals The consultation questions

3. ©Ofcom Sandwiched between the infra-red and microwave parts of the spectrum is the region known as the Terahertz (THz) gap as shown in Figure above. Some define the terahertz region as extending from 300-3000 GHz while others have suggested the 100 GHz to 10 THz band. In this consultation document, we are looking at the use of 275-3000 GHz frequency range. The spectrum under discussion

4. ©Ofcom3 National Administrations manage the radio spectrum resource – Offer Protection to existing applications – Possibility to introduce new ones ITU and Radio Regulations (RR) – Rights and obligations for an individual state towards other states with respect to the use of the radio spectrum and orbital resources – International treaty – Periodically revised by World Radiocommunication Conference (WRC) – The RR allocates in the first place frequency bands to Radiocommunication Services EU (27 Member States) – EU Directives (Framework and R&TTE) – EC Spectrum Decisions CEPT (48 Countries) – ECC Deliverables all Voluntary ECC Decisions and Recommendations ECC Reports Regulatory framework

5. ©Ofcom4 Article 5 of the Radio Regulations contains a table of frequency allocations (also referred to as the ITU Frequency Allocation Table) where spectrum between 9 kHz to 275 GHz is allocated to a range of radiocommunication services. However, there is no spectrum allocation beyond this upper limit. In fact, the last entry in the ITU Frequency Allocation Table (FAT) is for the 275-1000 GHz band and no services are allocated to this spectrum although Footnote 5.565 applies. Footnote 5.565, which is described later, pertains to the protection of spectral line measurements used by passive services such as radio astronomy, space research service and earth exploration satellite service. Regulatory framework International Telecommunications Union (ITU) (1)

6. ©Ofcom5 The spectrum above 275 GHz is mainly used by passive services for spectral line measurements. Molecules of various compositions radiate energy at a series of discrete frequencies or spectral lines. Each molecule generates a specific set of spectral lines which are used by scientists to identify the radiating source Footnote 5.565 allows administrations to use the 275-1000 GHz frequency band for experimentation and development of various active and passive services, it also urges administrations to take all practicable steps to protect passive services from harmful interference until the date when the allocation table is established in the 275-1000 GHz band. The bands specified by Footnote 5.565 are given below: – Radio astronomy: 275-323 GHz, 327-371 GHz, 388-424 GHz, 426-442 GHz, 453- 510 GHz, 623-711 GHz, 795-909 GHz and 926-945 GHz. These bands account for a total bandwidth of 422 GHz. – Earth exploration satellite service (passive) and space research service (passive): 275-277 GHz, 294-306 GHz, 316-334 GHz, 342-349 GHz, 363-365 GHz, 371-389 GHz, 416-434 GHz, 442-444 GHz, 496-506 GHz, 546-568 GHz, 624-629 GHz, 634-654 GHz, 659-661 GHz, 684-692 GHz, 730-732 GHz, 851-853 GHz and 951- 956 GHz. These bands account for a total bandwidth of 155 GHz. Regulatory framework International Telecommunications Union (ITU) (2)

7. ©Ofcom6 European regulatory framework CEPT (Conférence Européenne des Postes et Télécommunications) – 48 administration members – Electronic Communications Committee (ECC) – Harmonisation of the use of radio frequencies in Europe – Implementation of Decisions and Recommendations on a voluntary basis European Commission (EC) – Decision n° 676/2002/EC of the European Parliament and of the Council of 7 March 2002 (the “Radio Spectrum Decision”) – EC mandates to CEPT – “Technical implementing measures” mandatory for EU Member States The European Table of Frequency Allocations (ERC Report 25) and the UK Frequency Allocation Table also mirrors the ITU FAT with no allocation of services to the 275-1000 GHz band. However, in June 2008, the Electronics Communications Committee (ECC) consulted on the European table of frequency allocations. One of the proposed changes is to extend the table up to 3000 GHz while not allocating any services to the 275-3000 GHz band. Regulatory framework

8. ©Ofcom7 European regulatory framework (2) R&TTE Directive (1999/5/CE) – Conditions for the placing on the market of radio equipment – Replaces various national type approval regimes by a harmonised ex-post control regime – Article 3.2 “Radio equipment shall be so constructed that it effectively uses the spectrum allocated to terrestrial/space radio communication and orbital resources so as to avoid harmful interference” – Harmonised standards Give presumption of conformity to the essential requirements referred to in Article 3 of the R&TTE Directive European Telecommunications Standards Institute (ETSI) Regulatory framework

9. ©Ofcom8 UK regulatory framework In the UK, radio spectrum is regulated by the Wireless Telegraphy Act (WT Act) 2006. Section 8 of the WT Act 2006 allows the use of a wireless telegraphy apparatus under a wireless telegraphy licence, unless the said apparatus is exempted by appropriate regulation. The definition of wireless telegraphy as given in Section 116 of the WT Act 2006 encompasses the emission and reception of electromagnetic energy up to a frequency of 3000 GHz. In the absence of any exemptions, use of the 275-3000 GHz band in the UK currently requires a wireless telegraphy licence. Regulatory framework

10. ©Ofcom9 Previous OFCOM Policy Statements The LEFR general policy statement sets out two situations when use of a band should be licence exempt, namely: The economic value derived from the band under a licence-exempt use is greater than the corresponding value if the spectrum was for a licensed use; or Harmful interference is unlikely (e.g. where the demand for spectrum in a given frequency band is less than the supply) such that the administrative overhead of licensing is unnecessary. Consultation Proposals

11. ©Ofcom10 Options put forward in the Consultation In the main, we list three policy options that can be applied to the 275 – 3000 GHz frequency band. Option 1: Do not change the regulatory status of the spectrum in the 275- 3000 GHz band until such time there is clear evidence of demand. Option 2: Release the entire spectrum in the 275-3000 GHz band for use by licence-exempt devices. Option 3: Release the spectrum in the 275-3000 GHz band for use by licence-exempt devices, excluding the bands identified for spectral line measurements in Footnote 5.565. Consultation Proposals

12. ©Ofcom11 Option 1 is about maintaining the status quo whereby use of the 275-3000 GHz band requires a licence. We used the two (economic and interference) criteria from LEFR to determine whether use of a band should be made licence-exempt or should be licensed. From our review of the uses of the 275-3000 GHz spectrum, it is clear that the technology for this frequency range is still under development. At this stage, it is difficult to determine which applications will eventually emerge into the market, when this will happen and if it does, what is the likely take up of such applications. Given this uncertainty, we believe that it is unreasonable to apply the economic criterion in determining the spectrum management approach to the 275-3000 GHz band. Regarding the interference criterion, the studies (report by Quotient Associates and others) commissioned by Ofcom in preparation of the LEFR indicate that radio congestion and hence harmful interference are unlikely above 105 GHz. The LEFR consultation document listed three reasons to substantiate a lower likelihood of congestion at higher frequencies. The reasons are: – The high propagation loss limits the range of the interfering signals. – Use of directional antennas at high frequencies mitigates the impact of interference. – Large swathes of frequency imply a low probability of co-channel collision. Given the low probability of harmful interference in the 275-3000 GHz band, on the basis of good spectrum management principles, it is reasonable to make this band available for licence-exempt use. Hence, we do not favour Option 1. Consultation Proposals

13. ©Ofcom12 We do not believe a spectrum reserve for licensed or light-licensed use is justified in the 275-3000 GHz band. As argued in the LEFR Statement, a spectrum reserve above 275 GHz can only be justified if an application is expected to emerge in the future with the following characteristics: a) It is unable to operate in the presence of other co-channel uses. b) It cannot be accommodated at other frequencies. From the potential applications for the terahertz band we believe that with advances in such technologies that item (a) above is unlikely to occur. In addition, the amount of spectrum (about 40 GHz) proposed for light-licensing in the 105-275 GHz band is more than enough bandwidth to accommodate the (unlikely) emergence of applications which may be intolerant of co-channel uses. Hence, we conclude that item (b) above is also unlikely. On balance, therefore, we believe that a spectrum reserve is not justified. But, the release of the entire spectrum in the 275-3000 GHz band for licence-exempt use according to Option 2 may affect the activities of the science community utilising the bands designated for spectral measurement lines. Given the generous amount of spectrum available in the 275-3000 GHz band, we believe there is no need at present to allocate the whole spectrum to new services under exemption. Consultation Proposals

14. ©Ofcom13 Our preferred approach is Option 3 where we respect use of the spectrum (as specified by Footnote 5.565) for spectral line measurements but make the remainder of the spectrum in the 275-3000 GHz band available for licence-exempt use given that harmful interference is unlikely to occur at such frequencies. Taking such an approach may encourage innovation and the emergence of new applications while reducing regulatory overheads. Therefore we propose to make the spectrum in the 275-3000 GHz band available for licence-exempt use, with the exclusion of the bands specified in Footnote 5.565. We have proposed the power limits associated with non-generic short range devices (SRDs) in the 244-246 GHz band as a proxy for the power limit at 275 GHz. We believe that non-generic SRDs are a suitable proxy given that devices in the band of interest are likely to be short range and potentially be used for a range of applications. However, we propose to extrapolate this power limit appropriately for frequencies above 275 GHz to account for increased path loss with frequency. The World Radiocommunication Conference 2011 has an agenda item to review the spectrum used by passive services in the 275-3000 GHz band. Depending on the outcome of the conference, Ofcom may revise the relevant Statutory Instruments as a result. Consultation Proposals

15. ©Ofcom14 The arguments for making the 275-1000 GHz band available for licence- exempt use are equally valid, if not more so, at higher frequencies, particularly taking into account the increase in propagation loss above 1 THz (See Figure 3.3). However, we have to determine an upper frequency limit at which the licence-exempt use applies. As mentioned in Section 3, the WT Act 2006 extends up to 3000 GHz (i.e. 3 THz) which is also the upper limit of the definition of radio waves in the Radio Regulations (Item 1.5 of Article 1). In the absence of any strong evidence as to what the upper frequency limit should be, we believe that 3000 GHz is a reasonable value. Q1: Is 3000 GHz a reasonable value for the upper frequency limit for licence-exempt use? Consultation Questions

16. ©Ofcom15 Licence-exempt use of spectrum is typically allowed on the basis of certain constraints such as power levels, duty cycles, bandwidth etc. However, setting these constraints is somewhat complicated by the absence of any specific technology or standards applicable to the 275-3000 GHz band. As a result, we have selected the exemption rules associated with non-generic short range devices (SRDs) in the 244-246 GHz band. We believe that non-generic SRDs are suitable given that devices above 275 GHz are likely to be short range and potentially be used for a range of applications. Annex 1 of the ERC Recommendation 70-03, the only constraint on non- generic SRDs at 244-246 GHz is a power limit of 100 mW EIRP. We also propose an EIRP limit of 100 mW (i.e. 20 dBm) at 275 GHz. This limit is scaled with frequency across the 275-3000 GHz band using a positive gradient of 20 dB per decade. It should be noted that this limit does not apply to passive bands identified under Footnote 5.565. Q2: Do you agree with the constraints specified for licence-exempt use of the 275-3000 GHz band? Consultation Questions