FCC should rescind modified experimental license granted to MDS A...
FCC should rescind modified experimental license granted to MDS America (MDSA) because requirements of license infringe on Northpoint patent, latter said in Dec. 18 application for review. Patent protects company’s idea to re-use terrestrial spectrum by transmitting signal toward…
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
back of satellite receivers in same frequency, Northpoint said. It had asked FCC to authorize it to use patented technology in satellite spectrum. FCC rejected idea and adopted rules that included auctions for multichannel video distribution & data services (MVDDS) in 12 GHz band (CD April 24 p1). Authorization of MDSA to use Northpoint technology to conduct experiments “expressly requires infringement as a condition of an FCC license,” company said. Northpoint said it didn’t want to be sole provider of terrestrial broadcast services in band, but authorizations should be awarded only if companies were “ingenious enough to [provide services] without infringing Northpoint’s patent rights in the process.” Company also said MDSA’s proposed experiments pose threats of harmful interference to existing DBS operations in experimental area. Northpoint said power limits imposed on future MDSA experiments still exceeded limits previously imposed on MVDDS operators by Commission. “Approximately 40,000 persons [will be] at risk of harmful interference and more than 7,000 at risk of losing their DBS signal entirely” under modified license, Northpoint said. Company also cited experiments that it said “revealed methodological errors and unexplained anomalies in the test data.” MDSA hasn’t explained how it will fix existing problems or how new experiments with increased potential for interference will provide “meaningful” data, Northpoint said. FCC recently rescheduled auction of MVDDS licenses to Aug. 6. Staffer said auctions were rescheduled to allow Commission time to clear up “outstanding issues on reconsideration that needed to be resolved.”