As expected, broad array of companies petitioned FCC for reconsid...
As expected, broad array of companies petitioned FCC for reconsideration of controversial ultra-wideband order that Commission approved in March. Challenges filed by our deadline included petitions from Sprint, ground-penetrating radar (GPR) manufacturers and users and UWB developer Multi- Spectral…
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Solutions Inc. (MSSI). Petition for reconsideration that would be limited to radar vision-related portions of order was expected to be filed by UWB developer Time Domain, but hadn’t been by our deadline. In 45-page filing, Sprint raised 10 issues, in part challenging: (1) Conclusion in order that PCS licensees didn’t hold exclusive licenses. (2) Alleged failure of order to address “the most serious harmful interference to Sprint,” which company said constituted legal error. Most significant harm that Sprint is likely to sustain as result of order is “a material loss of network coverage and capacity,” petition said. “Sprint demonstrates that certain UWB developers misled the Commission concerning the operating parameters of CDMA technology and that as a result, most of the Commission’s conclusions concerning CDMA are factually erroneous.” (3) “Arbitrary and capricious” indoor UWB emissions level set for PCS band. (4) Extent to which order conflicted with FCC’s E911 rules and policies. (5) Failure of order to adjust UWB emissions levels in PCS band to account for “cumulative effect” of UWB interference. Separate petition for reconsideration was filed by National Utility Contractors Assn., which represents underground utility construction contractors. That petition also centered on GPR issues, saying order’s limitations on UWB as applied to GPR “will have negative consequences in collective efforts to prevent utility damages.” MSSI argued that: (1) Adopted rule significantly changed existing FCC policy, “but this change in policy was not proposed by or was not acknowledged in the original notice of proposed rulemaking. (2) Rule contradicted other established FCC rules and was in “material error.” It said FCC “unnecessarily restricts” frequency of operation for lower power UWB applications, such as vehicular radar. GPR Service Providers Coalition filed petition for partial reconsideration, asking FCC to expand category of eligible users to include existing service providers and govt. entities “while preventing use by mere hobbyists.” That petition also sought modification or clarification of coordination procedures to eliminate unnecessary paperwork and limit precoordination to sites or conditions where precoordination is truly warranted.” Group asked FCC, “in the absence of any evidence that GPRs have or will create interference to relax power emission constraints to level that is on par with unintentional radiators.”