FCC Office of Engineering & Technology Chief Edmond Thomas turned down emergency waiver petition filed by RadioShack on marketing deadline for radar detectors that didn’t comply with new rules to prevent VSAT interference (CD Aug 29 p4). FCC gave relatively limited relief to radar detector industry last month, providing 30 more days to market devices that meet Part 15 limits on emissions in 11.7- 12.2 GHz band but denying request for more time to make and sell compliant devices. FCC rejected separate request by RadioShack to let radar detectors that didn’t meet new emissions limits to be marketed for 6 months beyond original Sept. 27 deadline. FCC decided not to change Aug. 28 deadline for manufacturing or importing radar detectors that didn’t comply with new emission limits and decided to extend retail deadline by 30 days until Oct. 27. Latest OET decision turned down emergency request filed Aug. 30 by RadioShack that sought to extend marketing deadline from Oct. 27 to Nov. 30 for radar detectors that didn’t comply with new rules. Thomas said RadioShack arguments, such as need for more time to prevent having to substantially discount radar detectors by Oct. 27 deadline, were repetitive. He also cited RadioShack arguments that it would attempt to sell its existing stock of devices regardless of marketing deadline. “We find that RadioShack’s petition is repetitious and we are dismissing it,” Thomas wrote in Sept. 3 letter to company.

With partial dissent by Comr. Martin, FCC gave only narrow relief to radar detector industry Wed., providing 30 more days to market devices that meet Part 15 limits on emissions in 11.7-12.2 GHz band but denying request for more time to make and sell compliant devices. Commission also turned down request by RadioShack to allow radar detectors that didn’t meet new emissions limits to be marketed for 6 months beyond original Sept. 27 deadline. FCC adopted emission limits earlier this summer to protect VSAT satellite terminals that complained they were suffering interference from radar detectors. Latest order, which FCC adopted Tues. and released Wed., said radar detector industry had failed to show its request for stay of rules wouldn’t cause substantial harm to other parties in proceeding, including VSAT operators. If marketing cutoff date had been delayed to extent sought by industry and RadioShack, FCC said “conservatively” up to 300,000 noncompliant detectors would have been sold.

Senate Commerce Committee Chmn. Hollings (D-S.C.) urged FCC Chmn. Powell, NTIA Dir. Nancy Victory and Defense Dept. (DoD) Chief Information Officer John Stenbit to help craft U.S. position at World Radio Conference 2003 that would allow growth of high-speed wireless networks at 5 GHz while addressing DoD needs. Fate of 5 GHz spectrum has been among more closely watched of pending proposals for next WRC on allocation of certain bands in that spectrum for broadband access using wireless LANs while protecting existing services. NTIA has raised interference concerns, questioning maturity of studies on dynamic frequency allocation systems that could be used to bolster support for global harmonization of wireless LAN operations in band. Besides Hollings, Aug. 6 letter to top-ranking communications officials was signed by ranking committee Republican McCain (R-Ariz.), Sens. Boxer (D-Cal.), Edwards (D-N.C.), Kerry (D- Mass.). They said WRC 2003 would consider global allocation of entire 465 MHz at 5 GHz for use by unlicensed broadband networks. In U.S., parts of that band now are allocated for both military and unlicensed broadband commercial uses. “With respect to sharing and interference concerns, we understand that technical strategies can be employed to allow military radars and broadband wireless networks to share spectrum,” letter said. Senators said unlicensed broadband wireless networks had been deployed in schools, offices and homes as well as public areas such as airports and coffee shops “to provide Internet access to anyone who might need it… In the future, unlicensed wireless networks may well provide a next-generation broadband last-mile connection to the home and, as a result, may create a truly competitive broadband market.” Agenda item for next WRC is to address spectrum requirements for mobile, fixed, Earth exploration satellite and space research services and to review radiolocation service at 5150-5725 MHz. Draft proposal under consideration in U.S., which has been provided as input to U.S. position, would provide that wireless LAN stations at 5150-5350 MHz and 5470-5725 MHz not cause harmful interference to other stations with primary allocations. Globalstar and ICO Global Communications raised concerns about proposed primary allocation for those systems. Senators told Powell, Victory and Stenbit that unlicensed wireless networks could provide “important national security benefits to homeland defense, to public safety agencies and even to the development of battlefield networks.” They said continued growth of those networks and their potential to provide last-mile broadband connections to homes, as well as mesh networks that could remain running in emergencies, “depends on the robust use of the 5 GHz band.” Letter said: “It is our hope that you will be able to resolve the sharing issues and develop a U.S. position that allows for the growth of high-speed wireless networks while addressing the needs of the Department of Defense.”

Nextel, public safety groups and coalition of private wireless licensees submitted revised spectrum swap plan to FCC Wed. to alleviate public safety interference at 800 MHz. Revamped proposal came after Commission last month granted additional time for parties to craft solutions in reply comments on rulemaking adopted earlier this year. Unlike original White Paper that Nextel submitted to FCC in Nov. on interference solutions, compromise plan explicitly provides replacement spectrum for private wireless operators. Another difference is that original Nextel plan would have provided carrier with 10 MHz in mobile satellite service band at 2.1 GHz in exchange for spectrum it was giving up elsewhere to reconfigure 700, 800 and 900 MHz bands. Latest plan instead would take that replacement spectrum from 5 MHz of unlicensed PCS spectrum at 1.9 GHz and another 5 MHz of reserve MSS spectrum, Nextel Senior Vp-Chief Regulatory Officer Robert Foosaner said in conference call with investors Wed.

FCC ordered one-year suspension of expiration date for initial 2-year mandatory negotiation period for Phase 1 of 2 GHz band relocation plan between Mobile Satellite Service (MSS) and Broadcast Auxiliary Service (BAS) adopted earlier. Phase 1 mandatory negotiation period will remain in effect for duration of suspension. Commission retains option to lengthen or shorten suspension. New expiration date is Sept. 6, 2003.

Radar detector industry petitioned FCC Fri. for partial reconsideration of decision that required those devices to meet Part 15 limits on emissions in 11.7-12.2 GHz band. While saying they agreed with order’s technical provisions (CD July 22 p1), group of 6 radar detector manufacturers argued that implementation schedule was “infeasible, unprecedented and unnecessary.” Commission required that radar detectors made domestically or imported into U.S. comply with new technical rules starting 30 days after publication in Federal Register. All radar detectors marketed in U.S., including those sold at retail, must start compliance within 60 days of that publication. Members of Radio Assn. Defending Airwave Rights (RADAR) instead want FCC to require compliance by Dec. 31 “and that the distribution pipeline be left to empty at its own speed.” If Commission still decides to require date for retail compliance, RADAR proposes July 1, 2003, deadline. Current timelines could “shut down” industry, it warned. Rules were designed to prevent interference to VSATs that had been traced to radar detectors. Petition for more time for compliance drew sharp criticism from Satellite Industry Assn. (SIA) Fri., with Exec. Dir. Richard DalBello saying he was “flabbergasted” by request.

Bush Administration Tues. released long-awaited 3G viability assessment under which Defense Dept. agreed to clear most of 1710-1755 MHz but said freeing additional 15 MHz beyond that was untenable between now and 2008. Result is that report finds way to clear 90 MHz of spectrum for advanced wireless services at 1.7 GHz and in 45 MHz of 2110- 2170 MHz, which is occupied by nongovt. users. That’s less than 120 MHz that NTIA and other Executive Branch agencies had left on table last fall for 3G evaluation, after taking 1770-1850 MHz occupied by DoD out of consideration following Sept. 11 attacks (CD Oct 9 p3). While spectrum is less than originally sought by industry, private sector and govt. officials at Commerce Dept. briefing touted outcome as providing certainty that allocation decisions and auction could be held in 2004-2005 time frame. Also Tues., Commerce Dept. released draft bill to create spectrum relocation fund to pay incumbent govt. users for relocating and modernizing equipment. Commerce Secy. Donald Evans said 3G assessment strikes “a necessary balance between our country’s economic growth and national security, as well as public safety.”

Citing instances of harmful interference to VSATs that have been traced to radar detectors, FCC ordered Fri. that those devices meet Part 15 limits on emissions in 11.7-12.2 GHz band. Rules also require that radar detectors obtain certification under FCC’s equipment authorization procedures and that all of those devices marketed in U.S. comply within 60 days after rules are published. Previously, receivers that tuned above 960 MHz had been exempt from Part 15 limits because they typically hadn’t caused interference to authorized services. Commission said rule changes were prompted by instances of radar detectors’ interference to VSATs that were confirmed by FCC lab tests. By setting Part 15 limits for those devices, order turned down arguments of some in satellite industry that had sought more stringent emissions requirements below Part 15 levels, but industry appeared pleased that new Part 15 limits were being imposed. At same time, order outlined aggressive implementation schedule that required all radar detectors marketed in U.S. meet new emission limits quickly.

Fighting bankruptcy and Wall St. skepticism, Globalstar moved to rejuvenate company by quietly receiving experimental license for Ancillary Terrestrial Component (ATC) for 2nd- generation satellite phones that company showcased for FCC and selected members of media at Crowell & Moring law firm in Washington Thurs. Officials of FCC Wireless and International Bureau attended first-known public demonstration of ATC system. As FCC ponders use of ATC networks with Mobile Satellite Services (MSS), Globalstar believes experimental license puts it out front of competitors that include ICO and Iridium. “We done it, built it and shown it,” Chmn. CEO Olof Lundberg told us: “We have a working prototype. This gives you the best of both worlds.”

BellSouth, Nucentrix Broadband Networks, Sprint, WorldCom and Wireless Communications Assn. floated plan to FCC Thurs. for relocating Multipoint Distribution Service (MDS) licensees to make way for 3G services. U.S. govt. has been evaluating how some or all of spectrum at 1710-1770 MHz, now occupied by mostly military users, and 2110-2170 MHz could be reallocated for advanced wireless services. MDS Ch. 1 and 2 now occupy 2150-2162 MHz. While MDS industry has “strong preference” for remaining in band, licensees told FCC Chmn. Powell that proponents of relocating those incumbents hadn’t yet offered viable relocation plan. “Meanwhile, the continuing uncertainty over the future of the 2150-2162 MHz band is impeding the development of advanced MDS technology for these channels,” letter said. Companies that signed letter said proposal wasn’t perfect, but would be “acceptable compromise” if done quickly. Proposal involves: (1) Relocation of MDS Ch. 1 to 1910-1913/1990-1993 MHz and moving MDS Ch. 2/2A to 1913-1916/1993-1996 MHz bands. (2) Allocation involving 1910-1916 MHz that would allow fixed and mobile services in line with recent FCC decision allowing both uses of MDS channels at 2.5 GHz. (3) 1916-1920 MHz could be reallocated for unlicensed PCS under existing rules applicable to 1920-1930 MHz band. One trade-off to avoid introducing unacceptable interference to adjacent PCS and mobile satellite service (MSS) operations could be that MDS operators would have to give up design flexibility they have in current band, letter said. MDS operations in new bands would be subject to more stringent power and field strength limits of PCS rules and frequency stability and other requirements imposed on PCS operations, letter said. “The proponents of reallocating more spectrum for 3G win the contiguous spectrum they covet for a 1.7/2.1 GHz band pair, the MDS industry wins regulatory certainty and the public wins because the Commission will have created an environment in which new services can flourish, without any adverse impact on any incumbent stakeholder,” MDS said. Letter touted compromise solution as only “workable approach” in clearing 2150-2162 MHz for 3G. Factors that MDS operators said minimized disruptions of their plan include: (1) Fact that 1910-1916 MHz was allocated for asynchronous PCS use and there was no unlicensed PCS use of this band. (2) Extent to which 6 MHz at 1990-1996 MHz to be reallocated for MDS could be taken from 7 MHz of spectrum in 1990-2025 MHz MSS uplink band that hadn’t yet been licensed for MSS. (3) Likelihood that lower part of 1990-2026 would be “orphaned and unavailable for MSS anyway, as it is paired with 2165-2170 MHz MSS downlink band that the Commission has proposed to reallocate for 3G.” Elimination of system design flexibility for MDS licensees that would relocate under plan would avoid interference to adjacent PCS and MSS services, letter said: “As the quid pro quo for that sacrifice in flexibility, it offers the MDS industry an opportunity to escape the regulatory uncertainty that has dogged the 2150-2162 MHz band and to develop advanced services by building on existing technologies that operate near 2 GHz.”