Despite move by FCC to put ultra-wideband (UWB) order on agenda for Dec. 12 meeting (CD Dec 6 p8), chances that item will be approved then are seen as slim, industry observers said Thurs. Sources have indicated that in areas of UWB policy where federal agencies can’t reach agreement, Commission will allow more time beyond Dec. 12 for coordination on final item. Commerce Secy. Donald Evans told FCC Chmn. Powell Nov. 30 that additional 60 days were needed to complete final analysis to ensure protection of critical govt. operations and safety of life services. “This additional time seems eminently reasonable given the stakes of the proceeding and the high demands placed on our national defense and transportation agencies during this extraordinary time in our nation’s history,” Evans said in letter obtained by Communications Daily. Sen. Burns (R-Mont.) wrote to Powell Dec. 4 citing “significant alarm” raised by aviation industry on impact of UWB interference with “critical” safety-of-flight operations. “Potential interference with aviation operations is entirely unacceptable in light of recent aviation tragedies,” Burns wrote.

Deputy Defense Secy. Paul Wolfowitz asked Commerce Secy. Donald Evans to advocate delay in final regulatory decision on ultra-wideband (UWB) until “at least February.” Expectation of some industry observers had been that UWB could be taken up at FCC’s Dec. 12 agenda meeting, although timing was unclear because NTIA still must submit final input to FCC on rulemaking, sources said. FCC Chmn. Powell told House Appropriations Subcommittee earlier this year that Commission could issue UWB rulemaking by year-end, although he said at time that agency was awaiting final evaluation from govt. on UWB interference issues (CD May 23 p7). In letter to Evans last week, Wolfowitz said DoD’s review of preliminary draft of FCC’s UWB rules “indicates they will not provide adequate protection for GPS and other critical DoD systems… They also raise significant national spectrum management policy issues such as the intentional operation of nonlicensed devices in nationally restricted bands and in internationally designated passive-only bands.” Several sources said item on UWB began circulating on 8th floor at FCC earlier this week.

As part of proposed spectrum swap with public safety users, Nextel asked FCC to put rule changes in place in next 6 months, including assigning 10 MHz of mobile satellite spectrum to carrier. In White Paper submitted to FCC last week and made public Tues., Nextel cited critical spectrum needs that public safety community faced following Sept. 11 terrorist attacks. Public safety community, in turn, offered support, contingent on funds’ being provided to cover all implementation costs that such licensees would face. Nextel has pledged to provide up to $500 million for equipment retuning and other transition expenses. “The Nextel proposal is a major step in the right direction,” said Nov. 21 letter to FCC Chmn. Powell from Assn. of Public-Safety Communications Officials-International (APCO), International Assn. of Fire Chiefs, International Assn. of Chiefs of Police, others. Proposal would realign frequencies at 700, 800 and 900 MHz and 2.1 GHz and more than double public safety’s current allocation of 9.5 MHz of noncontiguous spectrum at 800 MHz (CD Nov 23 p1).

Nextel made proposal at FCC Wed. for spectrum swap that would realign frequencies at 700, 800 and 900 MHz bands, in part by more than doubling public safety’s current allocation of 9.5 MHz of noncontiguous spectrum at 800 MHz. Nextel said proposal, text of which it hadn’t made available by our deadline, would separate channel blocks used by cellular and other wireless providers from of public safety systems. As we reported earlier, public safety users would have access to 20 MHz of contiguous spectrum in lower 800 MHz band, prospect that some public safety officials have lauded because it would align that spectrum with public safety spectrum at 700 MHz (CD Nov 19 p4). Under white paper submitted to Commission, Nextel said it would exchange 16 MHz of its spectrum to make realignment work. It would swap 4 MHz in 700 MHz band, 8 MHz of specialized mobile radio spectrum in lower noncontiguous channels of 800 MHz and 4 MHz of spectrum at 900 MHz. To pave way for public safety users to implement proposal, Nextel said it would contribute up to $500 million to cover re-tuning costs that incumbent users would face.

In latest twist in debate over how FCC should set forth policy on ultra-wideband (UWB) devices, coalition of companies and trade groups has submitted new proposal to Commission. Proposal, drafted by groups that have expressed concerns about potential interference of UWB to GPS and other systems, urges FCC to: (1) Permit UWB ground penetrating radar applications below 1 GHz with licensing rules “appropriate for unintended emissions.” (2) Permit UWB communication devices between 6 and 12 GHz and automotive collision radar devices between 17 and 24 GHz. (3) Bar commercial use of UWB devices between 1 and 6 GHz. (4) Restrict out-of-band emissions to levels that don’t interfere with current authorized services, particularly GPS. (5) Develop expedited licensing plan for UWB devices. (6) Allow public comment before any new regulations are adopted. (7) Allow experimental uses of UWB devices under current FCC rules. Coalition includes Air Transport Assn. of America, American Airlines, Delta Air Lines, Lockheed Martin, Qualcomm, Sirius Satellite Radio, United Airlines, U.S. GPS Industry Council, WorldCom, XM Satellite Radio. Groups set out position to FCC Chmn. Powell in Nov. 15 letter that expanded on earlier proposals that UWB be authorized on category-by-category basis, with latest letter expanding on how those categories should be defined. Communications devices operating between 6 and 12 GHz wouldn’t lend themselves to “individual licensing scheme” because of large numbers of such devices, group said. “Equally, certification of compliance with the existing FCC Part 15 approach is not appropriate because testing to date has shown that UWB devices have characteristics that vary greatly from those of unintentional emitters.” FCC should address that category of devices in further notice of proposed rulemaking, group argued. Letter also calls for “further step” in which UWB manufacturers would apply for registration of each new type of device, including antenna design or other “significant changes” in design specifications. Applications would be placed on public notice, with comments accepted on technical interference, demonstration of aggregate effect on noise floor, consistency with applicable technical standards. “There would be an expedited procedure for Commission consideration and approval, and approved applications would go into a Commission-maintained ‘register,'” groups said.

BeamReach Networks said it received national experimental license in wireless communications service (WCS) band 2.3 GHz. License covers 2 bands of 15 MHz in that spectrum and will let BeamReach operate trials of its broadband wireless access system anywhere in U.S. BeamReach CEO Robert Kelsch said: “Trials will clearly demonstrate the performance of our system in delivering concurrently the largest coverage and the highest spectral efficiency both in supercell and in multicell environments.” BeamReach said its system targeted all frequencies below 6 GHz, including MMDS and Instructional TV Fixed Service spectrum and 3.5 GHz. Company said it was demonstrating technology in relatively narrow WCS band, which it called one of most “challenging,” to show system could work “in every band.”

Govt. analysis of how to obtain additional spectrum for 3rd generation wireless services appears to be veering -- for now -- away from entire 1755-1850 MHz band occupied by Defense Dept. systems, several sources said. Part of what is driving renewed interest in searching more intensely for 3G spectrum elsewhere is Sept. 11 terrorist attacks that have made it easier for DoD to fend off efforts to relocate its systems, sources said. But industry observers indicated that even before attacks, momentum was building for looking at other bands, with recent FCC order removing MMDS systems from relocation consideration for 3G providing increased impetus. One govt. official said interagency talks had yielded no final decision and situation still was fluid. Agency and industry officials involved in talks have been eyeing out-of-band pairing option that would involve 1710 to around 1770 or 1780 MHz and 2110 up to 2180 MHz. Announcement by Bush Administration on revamped 3G plan is expected as early as this week, although details still are being worked out and await final approvals at top govt. levels.

FCC released long-awaited order that added mobile allocation to 2500-2690 MHz band and spared MMDS and Instructional TV Fixed Service (ITFS) licensees from relocation threat posed by 3G. Item was voted on Sept. 6 before departure of Comr. Gloria Tristani, but not released until Mon. Report and order added mobile allocation “to provide additional near-term and long-term flexibility for use of this spectrum, thereby making this band potentially available for advanced mobile and fixed terrestrial wireless services,” FCC said. Chmn. Powell and Comrs. Abernathy and Martin voted for item, with Tristani and Comr. Copps dissenting on mobile flexibility language. Order acknowledged technical difficulties of sharing between fixed and mobile services in band now, but said upcoming service rules would address interference issues. In joint statement, Tristani and Copps raised strong objections to extent that addition of mobile allocation to band could pose harm to incumbent MMDS and ITFS users. “It is a rush to judgment that is not supported by evidence in this record,” they wrote. Meanwhile, CTIA expressed dismay that 2.5 GHz spectrum was taken out of running for 3G at time when spectrum capacity questions still loomed.

Coalition of GPS, aviation and wireless interests told Deputy Defense Secy. Paul Wolfowitz that DOD should adopt position that overlay of commercial ultra-wideband (UWB) emissions in 1-6 GHz was “unacceptable.” In Sept. 19 letter, group urged DoD to adopt position that further notice of proposed rulemaking from FCC was needed to guard against interference concerns. Letter was signed by 34 companies and groups, including Delta, U.S. GPS Industry Council and XM Radio and underscored many of same concerns on UWB interference to GPS operations that such companies have been expressing to FCC, NTIA and other agencies. While NASA and Dept. of Transportation already have expressed UWB interference concerns to Commerce Secy. Donald Evans, letter to Wolfowitz warned that DoD decision on UWB position was “imminent.” Letter expressed condolences on terrorist attack and said communication was timed to pending nature of DoD decision. It said that from regulatory perspective, commercial and govt. uses of UWB devices were different. “We do believe the government should maximize and encourage opportunities for innovation, while protecting national security and public safety services crucial to the broader public interest and ensuring the rights of commercial incumbents,” groups said. Letter said that requiring deployment of UWB commercial services in spectrum below 1 GHz and above 6 GHZ would “not inhibit the development of this technology.” Defense Dept. has been hearing varying views internally on UWB, as Defense Advanced Research Projects Agency (DARPA) seeks solicitation for research proposals focused on UWB radios (CD Sept 10 p2). In presentation at Networking in the Extreme industry day in McLean, Va., Sept. 10, DARPA Information Technology Office outlined potential to use UWB technology in “complex, hostile environments.” It touted UWB technology’s “immunity to fading” and low probability of jamming or detection. DARPA said “UWB has the potential for revolutionary change” although regulatory changes still were needed. It outlined UWB applications for logistics, weapons development and geolocation.

NASA Administrator Daniel Goldin warned Commerce Secy. Donald Evans that ultra-wideband (UWB) devices -- even at power levels below Part 15 requirements -- “have significant potential for disruption of critical operations by GPS.” Goldin asked that NTIA: (1) Urge FCC to issue further notice of proposed rulemaking on UWB, not final order. (2) Recommend that further notice propose rules for UWB devices above 6 GHz and limit out-of-band UWB emissions below 6 GHz to restrictions outlined by NTIA in draft proposal. “The potential for disruption becomes especially acute if UWB devices are allowed to proliferate unlicensed and operate in widespread networks,” Goldin said in letter obtained by Communications Daily. “This is a critical concern for NASA as such interference will undermine our ability to support the Department of Transportation in meeting the nation’s air traffic and aviation safety challenges.” Letter was written July 25 but hasn’t been widely circulated. Sources said Transportation Secy. Norman Mineta had written similar letter to Evans. He asked that Administration not take position on UWB that would allow “intentional, unlicensed emissions in current restricted bands” such as GPS. Mineta and Goldin both asked Evans to obtain consensus of federal agencies on UWB, although one source said Administration-wide position wasn’t expected until Dept. of Defense weighed in on issue.