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NAB TO URGE FCC NOT TO ALLOW UNLICENSED DEVICES UNTIL DTV IS COMPLETED

LAS VEGAS -- NAB and the Assn. for Maximum Service Television (MSTV) will tell the FCC that it shouldn’t allow unlicensed spectrum devices into broadcasters spectrum until the DTV transition is complete, David Donovan of MSTV said at the NAB convention here. The FCC has an inquiry under way on unlicensed devices in the broadcast spectrum, with comments due April 17. Donovan said at this point there was very little room for unlicensed spectrum in the broadcast spectrum, particularly in large markets. “The last thing we want is more victim receivers,” Donovan said. Bruce Franca of the FCC said there were some unique features of the broadcast frequencies that made it worth studying for unlicensed usage. “We think these technologies can use these bands,” he said, stressing that issue still was under study. “The most important goal for us is to protect the existing usage of the band.”

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In a panel on “Spectrum: Can We Keep It?” some panelists worried that unlicensed devices could interfere with broadcast signals. “With the DTV transition, every time we thought there wasn’t a problem, one cropped up,” said Lynn Claudy of NAB. Donovan said problems were likely to emerge once unlicensed technology advanced. While the FCC may find there’s not an interference problem with a newly developed device, he said, problems are likely to emerge when the unit goes into mass production. “As the widgets get cheaper, standards are likely to be reduced,” Donovan said. “Once they've been approved, you can’t get them out of your band.”

The FCC should conduct more rigorous testing of wireless interference, he said, but it wasn’t likely to police unlicensed usage as rigorously as it should. He said DTV transmission already had created problems with unlicensed devices, citing a situation in which a DTV transmission disabled some wireless medical devices and another station’s transmission cut service to 2,000 local garage door openers. Several panelists said the FCC should devise a system that could measure actual interference temperatures, as opposed to the predictive models the agency now uses. The FCC’s Franca said the Commission was leaning toward voluntary standards for interference temperature for TV receivers.

The FCC’s spectrum policy task force report had a “spin to its findings” affecting broadcasters, said Julian Shepard of the Venable law firm in Washington. The report focused on winners of auctions, and broadcasters are likely to be treated differently because of their free usage of the airwaves, he said. “The FCC and Congress don’t look at your use as permissive,” Shepard said. He said the report didn’t lead to a positive outlook for broadcasters and they must enhance their own use of the spectrum before other entities try to gain access to the leftover “white space.” “Broadcasters must preempt use of their spectrum by other entities,” he said.