1. doc.: IEEE 802.18-07/0056r0 Submission July 2007 Peter Murray, MotorolaSlide 1 Japan MIC Study Group Radio Utilization Fee Proposal Notice: This document has been prepared to assist IEEE 802.18. It is offered as a basis for discussion and is not binding on the contributing individual(s) or organization(s). The material in this document is subject to change in form and content after further study. The contributor(s) reserve(s) the right to add, amend or withdraw material contained herein. Release: The contributor grants a free, irrevocable license to the IEEE to incorporate material contained in this contribution, and any modifications thereof, in the creation of an IEEE Standards publication; to copyright in the IEEE’s name any IEEE Standards publication even though it may include portions of this contribution; and at the IEEE’s sole discretion to permit others to reproduce in whole or in part the resulting IEEE Standards publication. The contributor also acknowledges and accepts that this contribution may be made public by IEEE 802.18. Patent Policy and Procedures: The contributor is familiar with the IEEE 802 Patent Policy and Procedures, including the statement "IEEE standards may include the known use of patent(s), including patent applications, provided the IEEE receives assurance from the patent holder or applicant with respect to patents essential for compliance with both mandatory and optional portions of the standard." Early disclosure to the Working Group of patent information that might be relevant to the standard is essential to reduce the possibility for delays in the development process and increase the likelihood that the draft publication will be approved for publication. Please notify the Chair as early as possible, in written or electronic form, if patented technology (or technology under patent application) might be incorporated into a draft standard being developed within the IEEE 802.18 Technical Advisory Group. If you have questions, contact the IEEE Patent Committee Administrator at.http:// ieee802.org/guides/bylaws/sb-bylaws.pdfpatcom@ieee.org 2007-07-18 Authors : NameCompanyAddressPhoneemail Rich KennedyOakTree Wireless Austin, TX Live music capitol of the world +1-281-222-6299 rich.kennedy@oaktreewire less.com

2. doc.: IEEE 802.18-07/0056r0 Submission July 2007 Peter Murray, MotorolaSlide 2 MIC Study Group Proposal Background (the facts as we understand them) –MIC study group started up in April submitted proposals on unlicensed band use –Among the proposals is the imposition of a Radio Utilization Fee on ALL devices operating in the LE band –Proposal was released on 7/5; comment period ending 7/19

3. doc.: IEEE 802.18-07/0056r0 Submission July 2007 Peter Murray, MotorolaSlide 3 Details of the Proposal The RUF is to be collected by the Ministry of Internal Affairs and Communications and is managed and budgeted by the MIC to maintain stability in regards to spectrum usage The collected RUF is to be used for checking and monitoring the development of technologies of spectrum optimization Devices which use the spectrum are to be charged; mobile phones pay more than 85% of the amount; the average yearly payment per unit is 420 yen (US$3.43) Devices operating within unlicensed spectrum have not previously been a target of this utilization fee The regulation for Radio Utilization Fee is to be reviewed every 3 years and the public comment phase is part of this process

4. doc.: IEEE 802.18-07/0056r0 Submission July 2007 Peter Murray, MotorolaSlide 4 Additional Details –The policy for collecting the RUF from low power unlicensed radio devices is clearly indicated –All wireless radio devices should pay the RUF with no exception as to user category, nor license category –Manufacturers are required to submit technical and design approval application papers representing that it is not a system that requires policing of possible spectrum interference before being accepted by the MIC. –Unlicensed Radio Devices are considered beyond the control or management of end users Because it is not possible to determine whether the device is actually used or for how many years it has been or will be in use, collecting a fee from the end user is not appropriate. –Because end users typically have no recognition that they are utilizing a spectrum, it is not reasonable for them to pay a RUF, i.e. device manufacturers will be required to pay the RUF to the MIC

5. doc.: IEEE 802.18-07/0056r0 Submission July 2007 Peter Murray, MotorolaSlide 5 What Can We Do?

6. doc.: IEEE 802.18-07/0056r0 Submission July 2007 Peter Murray, MotorolaSlide 6 Proposed Response Format To: Japan Ministry of Internal Affairs and Communication Bureau for Developing an Integrated Communications Infrastructure Radio Department Radio Policy Division Radio Utilization Fee Planning Office 12345 Powell Street Yourtown, CA 73829 USA Name (*1): Joe Smith Affiliation: Acme, Inc. Phone No: 011-555-555-5555 (include your int’l prefix) Email Address: joe.smith@acmeinc.com I am submitting the following opinion on the draft report of the Study Group on the subject of the Radio Utilization Fee. *The above “… I am submitting…” statement sentence should be rewritten with your own verbiage, but provide the same simple introduction to your comment.

7. doc.: IEEE 802.18-07/0056r0 Submission July 2007 Peter Murray, MotorolaSlide 7 Response Requirements