1. 0 Slide 0 National Spectrum Managers Association Unlicensed Devices May 16, 2006 Mitchell Lazarus | 703-812-0440 | lazarus@fhhlaw.com

2. 1 Slide 1 Topics 1.TV “white space” legislation 2.Proposed service changes in the 902-928 MHz band 3.5 GHz U-NII band expansion.

3. 2 Slide 2 TV “White Space” Legislation

4. 3 Slide 3 Background  Many TV channels in every market are vacant:  co-channel, adjacent channel separations  “UHF taboos” (needed for early receivers) broadcasting on one UHF channel limits 16 others  Proposal: unlicensed operation on unused TV channels  Need mechanism to protect TV receivers:  unlicensed device can move from place to place  TV channel assignments change over time  TV channels also used for land mobile, wireless microphones, medical telemetry, radio astronomy.

5. 4 Slide 4 FCC Proceeding  May 2004: NPRM on unlicensed use of vacant channels  fixed: 4 watts EIRP  portable: 0.4 watts EIRP  To protect TV operations, unlicensed device – 1.looks for “control signal” identifying locally vacant channels, or 2.uses “detect-and-avoid” (DAA) technology, or 3.has built-in GPS and channel database  Strong and specific opposition; lukewarm support  Mid-2005: FCC seemed ready to abandon the proposal.

6. 5 Slide 5 Problems (1): “Control Signal”

7. 6 Slide 6 Problems (2): DAA in Shadow TV Tower Unlicensed Device in Shadow TV Receiver Figure 2: Unlicensed DAA device in shadow can cause interference Building / Terrain

8. 7 Slide 7 Problems (3): DAA at Distance TV Tower Unlicensed Device Misses Weak Signal Outdoor TV Antenna Figure 3: Unlicensed transmitter can fail to detect distant signal Great Distance

9. 8 Slide 8 Problems (4): GPS with Database  GPS works poorly indoors  Problem of keeping millions of databases current as TV channels move and change  Problem of occasional malfunctioning unlicensed device.

10. 9 Slide 9 Senate Action  February 2006: Senate introduced legislation requiring FCC to allow unlicensed operation in TV bands  Current version of bill* instructs FCC to: 1.have rules take effect within 270 days of passage 2.protect licensees from harmful interference 3.require devices to have FCC certification 4.require a mechanism for disabling devices remotely 5.address interference complaints “immediately.” * “Communications, Consumer’s Choice, and Broadband Deployment Act of 2006,” S. 2686, Sec. 602 (May 1, 2006).

11. 10 Slide 10 Opposition  Broadcast industry vigorously opposes Senate bill  concerned about interference to TV reception  seeks delay at least until end of digital TV transition  Other parties concerned about precedent  Congress created the FCC to make technical decisions Congress is not well equipped to decide on feasibility of new wireless services  first time in recent memory that Congress would have dictated a specific outcome on a technical issue  message to public: if the FCC does not accept your technical arguments, try Congress instead.

12. 11 Slide 11 IEEE 802.22 Proposal  Fixed devices only  base station must be professionally installed programmed for available TV channels  remote can be installed by consumer but needs enabling signal from base to operate remote frequencies under control of base station  All devices on network monitor for TV signals  remotes report unexpected TV signal to base station  base station takes remotes off that frequency.

13. 12 Slide 12 Proposed Service Changes at 902-928 MHz

14. 13 Slide 13 Present Uses of 902-928 MHz  ISM devices (industrial, scientific, and medical) – unlimited power  Location and Monitoring Service (LMS) – 49 watts  Federal radar – unknown power  Federal fixed and mobile – unknown power (secondary)  Amateur radio – 1,500 watts (secondary)  Unlicensed devices – 0.001-4 watts.  RFID, home security, industrial remote controls, medical devices, home audio and video, more. (Power ratings are not directly comparable.)

15. 14 Slide 14 Multilateration LMS (M-LMS)  Triangulates from differences in arrival times  Authorized at 904-909.75, 919.75-928 MHz  rules restrict type of service, telephone interconnection  effectively limits numbers of units in use  1999, 2001: M-LMS licenses auctioned for $4.4 million  2000: U.S. Gov’t turned off “dither” in GPS  greatly improved accuracy; and prices dropped sharply  M-LMS never constructed  2002: Progeny asked for “flexibility to offer whatever services the market can support and demand.”

16. 15 Slide 15 FCC NPRM -- 1  Drop restriction on type of service  no limitation; allow telephone interconnection, or  add flexibility to location services  Technical proposals:  reduce power to 10 watts EIRP  adopt Part-15-type digital modulation rules  limit number of units operating simultaneously  limit duty cycle

17. 16 Slide 16 FCC NPRM -- 2  Eliminate spectrum aggregation limits  Retain current Part 15 protections: 1.M-LMS licensees must prove lack of interference to Part 15 by field testing. 47 C.F.R. § 90.353(d) 2.Part 15 devices that meet “safe harbor” conditions are deemed not to cause harmful interference to M-LMS. 47 C.F.R. § 90.361.

18. 17 Slide 17 Possible Opposition  Part 15 interests  likely concerns: power, density, duty cycle  likely to favor retaining existing protections  Wireless companies may allege unfair competition  LMS auctions: $311 thousand/MHz  PCS auction 58: $17 million/MHz (for partial licenses)  Amateur radio  Federal users (but may have approved NPRM).

19. 18 Slide 18 Other Proceedings at 902-928 MHz  Amateur spread spectrum, RM-11325  present rules: spread spectrum to 100 watts over 1 watt requires automatic power control  request: drop requirement for automatic power control  Cellnet proposal, ex parte in ET Docket No. 03-201  full power only for 10% duty cycle or less  power limit drops as duty cycle exceeds 10%.

20. 19 Slide 19 5 GHz U-NII Band Expansion

21. 20 Slide 20 FCC Rulemaking  November 2003: FCC Report and Order (R&O) added 255 MHz to the 5.8 GHz U-NII band  expanded band covers 5.470–5.825 GHz  New requirements across entire band (to protect radars):  dynamic frequency selection (DFS)  transmit power control (TPC)  But compliance test procedure was difficult to specify  implementation dates repeatedly postponed.

22. 21 Slide 21 2006 Action  March 30: NTIA filed 47-page compliance test procedure  agreed to by FCC, NTIA, industry panel  April 26: FCC seeks to refresh the record on three requests to clarify original R&O  Comments May 15, replies May 18  Under current schedule, DFS and TPC rules take effect for:  certification applications filed on or after July 20, 2006  devices imported or marketed on or after July 20, 2007.

23. 22 Slide 22 Thank you! Mitchell Lazarus | 703-812-0440 | lazarus@fhhlaw.com