OET CHIEF SEES POTENTIAL SOLUTION FOR ‘WHITE SPACES’ TV PROPOSAL

The FCC proposed rule changes Thurs. (CD April 16 p4) that would let unlicensed devices operate at 3650-3700 MHz at higher power levels than under Part 15, with an eye toward expanding rural wireless broadband access. A Dec. 2002 notice of inquiry had considered opening unused TV broadcast bands for some unlicensed operation, but Thomas said after the Thurs. agenda meeting that the agency would deal with an item on “white spaces” in TV broadcast spectrum separately.

After the Commission launched the NOI, NAB and the Assn. for Maximum Service TV cautioned that unlicensed devices shouldn’t be allowed into broadcast spectrum until the DTV transition was complete. Broadcasters had raised concerns that a “listen before talking” spectrum etiquette for unlicensed devices in TV bands would be fraught with technical challenges. When the NPRM is issued shortly that covers unlicensed uses in TV broadcast spectrum, Thomas acknowledged Fri. he expected a “lively debate” from the broadcasters.

But Thomas said OET was examining ways to do this that made him hope “we could get a good deal of broadcasters to be supportive… It’s taking a bunch of stuff that’s available today and wrapping it around with some software where the broadcasters can get some utility out of it, where the unlicensed systems can get some utility out of it and the American public can get something.” Thomas said he wasn’t sure how broadcasters would react, but: “We believe there is some possibility of reaching a win-win-win situation.”

Following the original NOI, Intel told the FCC there were sufficient vacant channels available in some TV spectrum to permit the use of unlicensed devices on certain broadcast channels. Intel had recommended that the FCC considering unlicensed operation at Chs. 5-13, Chs. 21-36 and Chs. 38-51 by devices whose operating parameters took into account the broadcast TV environment in which they were running.

Thomas, during a Q&A session at a daylong NAF conference on unlicensed spectrum, gave the example of over-the-air TV spectrum in N.Y.C. such as Chs. 3, 6, 8, 10 and 12. He said each isn’t being used and represents a 6 MHz slot. “What we are doing is proposing a set of rules that suggests that those low frequency slots could be used where they're vacant in the TV spectrum for unlicensed use and designing the rules in such a way where it doesn’t create interference for the TV broadcasters in the channels that are used,” he said. “That will be hitting the streets in the next couple of months.”

Thomas noted that a major public debate involving licensed and unlicensed users is “starting to get louder and louder.” On the one hand, Thomas said: “You have the licensed providers who generally have paid a great deal of money for their spectrum at auction and they did it at a time when we weren’t talking about interference temperature, we weren’t talking about ultra-wideband.” Concerns have been raised by these license-holders that new flexible uses that open the door for unlicensed operations in these bands devalue their spectrum because others can use it, Thomas said. On the other hand, unlicensed operators are telling the FCC they need more protection against interference, he said. “What is now happening is this debate is getting much more serious because the technology has gotten to the point where the unlicensed guys could have more and more power and could in some marketplaces go head to head with the licensed guys,” he said.

In the next few months, the FCC will issue rules on the application of smart antennas in unlicensed spectrum, Thomas said. The FCC last year had adopted a proposal for technical changes in Part 2 and 15 of its rules that covered unlicensed wireless operations. The proposal was designed to help wireless ISPs by easing the way for new technologies such as “smart antennas,” specifically the use of sectorized and phased-array antenna systems.

Thomas told ISPCon on Fri. that the FCC was about to “get serious” about unauthorized use of unlicensed spectrum and that the Commission was prepared to “go after abusers of unlicensed spectrum.” During the session with ISPs, Thomas addressed a wide variety of issues, but members of the audience seemed particularly interested in wireless issues and the development of broadband over powerlines. Thomas said he “didn’t see any reason” to restrict development of “WiMax” (802.16) to either licensed or unlicensed spectrum. Thomas also encouraged ISPs -- especially wireless ISPs -- to submit comments on an upcoming FCC rulemaking regarding TV spectrum “white spaces.” Thomas said, contrary to popular belief, citizens don’t need “$500 an hour” lawyers to comment on FCC rulemakings. Several audience members also asked about broadband over powerline technology, particularly focusing on “open access” to the technology. Thomas said that the FCC wasn’t leaning toward granting competitors access to the lines, adding the Commission was worried it would potentially kill a nascent industry, but that it was very much a political issue and one that was still subject to debate. Also, Thomas said the FCC will issue a report and order on interference temperature by the end of the year.