COMMISSION APPROVES UWB ORDER, AGREES TO REVISIT LIMITS

FCC repeatedly stressed it had erred on “side of conservatism” in setting emissions limits. It plans in next 6-12 months to review UWB standards and issue further notice of proposed rulemaking to examine more flexible standards and address operation of additional types of UWB technology. FCC said it based standards “in large measure” on what NTIA believed was needed to protect against interference to govt. operations. Order creates different technical standards and operating restrictions for ground-penetrating radars, which include through-the-wall and medical imaging systems, vehicle radar systems, communications and measurement systems. Imaging systems are allowed to operate under Part 15 rules and FCC, at request of NTIA, will notify NTIA before operation of all imaging systems. Vehicle radar systems that operate at 24 GHz are expected to begin deployment in 2005, with item approved by Commission containing limitations to protect earth exploration satellite services. For communications systems, order allows high-speed home and business networking devices under Part 15 rules that would operate in 3.1-10.6 GHz band. FCC required that equipment be designed to operate only indoors or to consist of hand-held devices that could be used for peer-to-peer operation.

“This decision had extreme collaboration with other branches of government,” Office of Engineering & Technology Chief Edmond Thomas said at news briefing after meeting, calling standards in item “extremely conservative… We are very, very confident that there are no problems with any public safety, aviation or commercial band by these rules.” In next 6-12 months, Commission will continue to collect data and do lab work on UWB, Thomas said. Depending on results, agency could make rules more lax, more stringent or keep them as they are, Thomas said. “A lot of the problems associated with this rule are very, very simple -- it’s based on assumptions, not pure data,” he said. “The first question is how good are the assumptions,” he said, stressing that standards were conservative. For GPS band, spurious emissions will be limited to 34 dB below Part 15 limits, Thomas said.

Steven Price, deputy asst. defense secy. for spectrum and communications, command & control, said DoD backed “reasoned and balanced approach of FCC order… DoD concluded FCC’s technical restrictions on UWB devices would be sufficient to protect military systems. Such restrictions were the minimum required to avoid interference with those systems.” Still, NTIA and FCC negotiations on UWB appear to have gone forward without complete consensus among govt. agencies. While DoT spokesman declined to comment on order, sources said letter to President Bush’s National Security Adviser Condoleeza Rice from Mineta had outlined his continued concerns about how GPS would be protected.

“Part of the frustration about this process is that this docket is 3-1/2 years old and it was stuck in the mud when I got here in November of last year,” NTIA’s Gallagher said. Leadership of FCC and Commerce Dept. meant that “the right result was found out of something that was literally stuck.” Gallagher acknowledged that DoT had “very deep-seated views. As flying Americans, we appreciate their concern. NTIA evaluated those concerns and gathered the data.” Govt. agencies will continue to gather data and test UWB technologies, he told us. “We will continue to be very sensitive to FAA concerns.” Order contains “enhanced enforcement mechanism” designed to provide additional assurance about potential interference concerns, Gallagher said: “This will not be business as usual.” To further enhance accuracy of data that are being collected, Gallagher said it would be helpful to have UWB model developed for testing. That would allow “more robust model” to be developed to evaluate data, he said.

Noting that FCC Comr. Abernathy had acknowledged concerns about transparency, Gallagher said: “I share that concern.” He said that he planned to address it with FCC and others. Issue will be among topics to be discussed at NTIA spectrum summit set for April 4 and 5. “That should be one of the items that we take up because it has been difficult.”

UWB developers said they still were evaluating fine points of what Commission did but that vote would allow them to finally move forward on plans to bring devices to market. Asked whether upcoming FCC plans to review stringency of standards would create overhang for rollout plans, XtremeSpectrum CEO Martin Rofheart said company planned to move forward with technology that could deliver 100 Mbps speeds. If adjustments are made to standards in future to make them more flexible, company could adjust accordingly, he said. XtremeSpectrum plans to participate with FCC and NTIA in effort to continue to collect and analyze data, he said. After meeting, Time Domain founder Ralph Petroff praised FCC vote, saying it created certainty for companies to begin bringing products to market. Asked what kinds of services conservative standards might prevent, Petroff said certain public safety tracking applications might be hard to carry out, but company needed to see final order’s language before fully evaluating that. Time Domain Vp Jeff Ross said technology could offer data rates that we are higher than 802.11 technologies, meaning UWB-systems could handle applications like full-motion video transmissions.

“It’s not been a pretty process,” said Abernathy of proceedings leading up to final item, but “tortuous journey” will lead to exciting technology. “We are not going to stop until we are sure we got it exactly right,” she said, referring to period that FCC has left open to continue to analyze data and assess whether standards should be kept. “I am pleased we have come as far as we have, I wish we could go further,” she said. In cases like this where highly technical issues are at stake, transparent process and continued dialog among stakeholders are important, she said. Comr. Copps said he supported decision, “albeit somewhat reluctantly,” citing extent to which effects of widespread use of UWB weren’t yet fully known. “The limits we place on ultra-wideband are designed to reduce the interference risks associated with the technology at limits that are far, far below those placed on other technologies that place energy into narrower portions of the spectrum,” he said. Very conservative limits in place here shouldn’t be construed as “precedent” for other Part 15 devices, he said. There could be price in terms of impact on U.S. international competitiveness in this technology area if FCC found its rules were too restrictive and failed to correct them promptly, he said. Commission was guided by 2 principles, Powell said: (1) “Unwavering commitment” to ensure that innovative technologies could make way to market. (2) Extreme care to ensure that govt. systems for safety-of-life operations are protected. “To extent that interference concerns have been overstated, we could provide more flexibility,” he said. “If we're wrong and interference is worse than expected, we can be equally swift” rectifying situation, he said.