Despite hype, wireless LAN (Wi-Fi) industry still is in its infancy, and that has been reflected in lack of defined presence in Washington. However, as FCC examines use of unlicensed spectrum such as 2.4 GHz band used by Wi-Fi’s 802.11b standard and 5 MHz band used by 802.11a, several organizations are emerging to represent Wi-Fi’s interests at agency. Wi-Fi has multiple industry sectors participating in its growth, and separate paths appear to have been chosen by Wi-Fi hardware manufacturers and commercial access point, or hot spot, operators. Some believe uncertainty shown in those nascent lobbying efforts reflects disparity in predictions on how fast Wi-Fi is to grow and to what extent industry will become profitable.

RadioShack petitioned FCC to reconsider order that granted radar industry partial relief on marketing deadline for radar detectors that didn’t comply with new rules to prevent VSAT interference (CD Sept 5 p11). Commission provided radar industry 30 more days to market devices that meet Part 15 limits on emissions in 11.7-12.2 GHz but turned down request for more time to make and sell compliant devices. FCC also had rejected separate RadioShack request to allow detectors that didn’t meet new emissions limits to be marketed for 6 months beyond original Sept. 27 deadline. “An extension of the marketing deadline through January of 2003 for RadioShack presents no additional harm to the satellite industry or to the public interest purpose of the Commission’s rule and will avoid needless harm to RadioShack,” company said in Sept. 10 petition. Earlier this month, FCC’s Office of Engineering & Technology turned down emergency waiver petition by RadioShack on marketing deadline. In latest filing, RadioShack said it had “special circumstances” as private-label retailer and faced timing problems linked to its 6-month distribution cycle and FCC’s tighter compliance timeline. Retailer outlined steps it took in anticipation of new rules to mitigate satellite interference. But it reiterated arguments that without additional time, it would have to deplete its inventory at loss to meet new rules. “RadioShack will likely be forced to increase these sales and is considering all other options for depleting any remaining inventory remaining near the end of October because it is significantly more cost-effective to deplete inventory in the marketplace than it is to retrieve and destroy inventory,” filing said. “In total, RadioShack anticipates losses of several million dollars.”

As expected, Sen. Landrieu (D-La.) introduced legislation Tues. that would order FCC to grant licenses in 12.2-12.7 GHz range on basis of merit, not licenses (CD Sept 6 p11). Bill, Emergency Communications & Competition Act (ECCA) (S-2922), apparently is designed to aid Northpoint, which seeks to share spectrum with DBS service providers in that range of spectrum. In Senate floor speech, Landrieu said bill was essential to ensure rapid deployment of Multichannel Video Distribution & Data Service (MVDDS), which will provide competition for both cable and broadband services. It has several notable co-sponsors, including Senate Minority Leader Lott (R-Miss.), Senate Commerce Communications Subcommittee ranking Republican Burns (Mont.), Senate Judiciary Committee Chmn. Leahy (D-Vt.), Senate Small Business Committee Chmn. Kerry (D-Mass.). Other co-sponsors are Sens. Baucus (D-Mont.), Dodd (D-Conn.), Mikulski (D- Md.), Gregg (R-N.H.). Bill was sent to Senate Commerce Committee, of which Landrieu isn’t member. She said FCC decision to subject MVDDS providers, and not satellite companies, to auction process was “discriminatory tax on an innovative new technology.” She also said auction process was producing effects opposite of original intention. “In this case, industry incumbents can use the auction to block the introduction of new competition.” Under ECCA, applicants that can demonstrate through independent testing that technology won’t cause harmful interference to DBS operators would be granted licenses. Bill also would require services to build out systems within 5 years, not 10 now required by FCC. Parties that apply for licenses under that provision would have to assume specific public interest obligations, including full must-carry of local television stations, Landrieu said. Also, 4% of system capacity must be set aside for other purposes, such as telemedicine and distance learning. ECCA would require MVDDS licensees to air Emergency Alert System warnings, Landrieu said, which often aren’t seen by DBS viewers. Licensees would have to make transmission systems available to national security and emergency preparedness personnel in national emergency, she said. Landrieu said Consumers Union supported legislation since it would foster competition with cable, which she said had raised rates 45% since it was deregulated in 1996. “MVDDS can go head-to-head with incumbent cable systems everywhere, and I believe that this good old-fashioned competition will result in lower prices and better service for consumers -- even those who don’t choose to subscribe to MVDDS,” Landrieu said. Legislation also has been endorsed by National Grange, farm and rural public interest organization, she said. Burns said bill would give rural TV viewers in Mont. opportunity to get local TV stations, where DBS providers don’t offer local TV to residents.

Motorola urged FCC in recent White Paper to “proceed with caution” on potential rule changes that would accommodate ad hoc wireless networks until more research was finalized. Those ad hoc networks are self-organizing multihop wireless networks that don’t rely on infrastructure such as base stations but involve system in which all covered devices have packet-forwarding capabilities. Recent research said cooperative ad hoc wireless relay networks could support virtually any number of users in certain cases. “Motorola believes that the practically achievable capacity of these cooperative networks is not yet known,” company said in filing to FCC’s Spectrum Policy Task Force. Potential promise of ad hoc wireless networks was among issues raised in recent series of workshops held by task force. Motorola told FCC it wasn’t clear that cooperative ad hoc wireless relay systems must be rolled out in unlicensed spectrum. Company suggested they might be able to achieve their best performance “within licensed spectrum where all users are able to cooperate.” Motorola said such network might better fulfill potential “if it is carefully engineered and not degraded by currently unpredictable interferers.” Motorola also told FCC it: (1) Supported pending Wireless Ethernet Compatibility Alliance (WECA) petition for additional unlicensed spectrum at 5470-5725 MHz. (2) Backed designating bands above 10 GHz for future allocations of unlicensed spectrum beyond what WECA was seeking “due to reduction of interference between systems and the availability of large bandwidths.” Because future wide-area mobile systems need spectrum below 6 GHz, they should be given preference for those bands over other unlicensed systems that can use spectrum elsewhere, Motorola said. (3) Recommended framework for future unlicensed spectrum policy that would provide “equitable access” to and use of spectrum “without disadvantage to particular uses in congested environments.” Motorola said underlying unlicensed transmitters on spectrum used by licensed services was problem, particularly for uses such as public safety. (4) Suggested FCC take steps to designate band for development of new systems. Motorola said existing system for experimental licensing and spectrum was working well but it might be appropriate to take additional steps, such as designating small spectrum block between 2-4 GHz, “for advance development of wide area mobile systems.” Company also proposed stepping up cycle time for granting access to govt. spectrum to test equipment that would be exported, “including providing the Commission with the ability to analyze the impact of interference to government spectrum.” Setting aside band segment for systems development could allow U.S. companies to be more globally competitive in that area, Motorola said. In making more licensed spectrum below 3.7 GHz available for commercial mobile systems, White Paper asked FCC to consider future wide area mobile system using 20 MHz bandwidth and carrier frequency of 3.7 GHz.

Several satellite companies recommended Thurs. that draft U.S. proposal for World Radio Conference (WRC) 2003 on studies on future 3G development explicitly exclude fixed satellite service (FSS) bands above 3 GHz. Draft U.S. proposal that already has passed working group of FCC WRC Advisory Committee would invite ITU to further study and draft recommendations on technical and operational issues related to future development of systems beyond IMT-2000. At meeting of FCC WRC Advisory Committee (WAC), some satellite representatives voiced concern that ITU consideration of future versions of 3G not eye their spectrum. Mobile wireless interests stressed that WRC policy formation still was in early stages and that U.S. position should be relatively open ended. Donna Bethea of PanAmSat said part of draft that noted that WRC 2000 review of 3G spectrum requirements focused on bands below 3 GHz left “confusion.” She suggested language be clarified to specify that because studies in that area had dealt with bands below 3 GHz, future ITU consideration for further IMT-2000 development should focus on bands below that point. Another possibility would be to spell out that further IMT-2000 development exclude FSS from consideration, she said. Washington attorney Benjamin Griffin said U.S. video industry shared similar concerns as “a heavy, heavy user of FSS services.” He said many of his clients had agreements running as far out as 20 years to distribute major TV networks throughout world on FSS networks. Don Jansky, chmn. of WAC working group on 5 GHz and maritime issues, said he had heard similar concerns expressed throughout WRC planning process on FSS bands above 3 GHz. But Cecily Cohen, Nokia mgr.-govt. & industry affairs, said limiting mobile terrestrial operators to spectrum below 3 GHz for future advanced uses would be “a mistake.” She said she would recommend that ITU studies on future iterations of IMT-2000 not exclude FSS bands. Steve Sharkey, Motorola dir.-spectrum and standards strategies, also said it would be “premature” to identify now bands that should be taken out of consideration for those studies. He said Motorola recently submitted paper to FCC’s Spectrum Policy Task Force saying it was appropriate to examine spectrum below 6 GHz for additional mobile allocations, with preference for bands below 3 GHz. “I think it is appropriate to leave this open to some extent on the studies that are done in the band,” he said. WAC participants agreed to send draft proposal back to Informal Working Group 1 to look at issue further, along with other industry participants that might be affected.

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.