A U.S. stance that particular frequencies don’t need to be identified for public protection and disaster relief at the upcoming World Radio Conference (WRC) 2003 could run into friction from administrations eager for greater specificity, several sources said. Amid Defense Dept. concerns over protecting 380-400 MHz, which NATO uses for global operations, the U.S. supports not locking in particular bands while encouraging countries and regions to consider harmonized spectrum for public protection and disaster relief. But European administrations propose that 380- 385/390-395 MHz be identified in a resolution as part of harmonized bands for that purpose, a European official said.
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President Bush signed Dept. of Justice (DoJ) reauthorization legislation (HR-2215) that included directive to create commission designed to study whether existing antitrust laws were applicable to modern economy. That provision is from Antitrust Modernization Commission Act of 2001, by House Judiciary Committee Chmn. Sensenbrenner (R- Wis.). Appointments to 12-member commission will be balanced equally along party lines. It will provide report to Congress and White House within 3 years of its first meeting. Report will include recommendations, if deemed necessary, for legislative and administrative actions. New law also includes mandate for DoJ to report annually to Congress on use of its DCS 1000 electronic surveillance system, formerly known as Carnivore. Justice must update leadership of House and Senate Judiciary committees on how often federal investigators use e-mail interception program, in addition to how well evidence it produces stands up in court. Sensenbrenner said mandatory requirement would enable Congress to safeguard civil liberties (CD Sept 30 p3). DoJ in its report must identify how often encryption was encountered during investigations and whether use of cryptography by suspects thwarted law enforcement from intercepting plain text of targeted communications. Other provisions of law include: (1) Language of Technology, Education & Copyright Harmonization Act of 2001, authored by Senate Judiciary Committee ranking Republican Hatch (Utah), which updates copyright law by making it easier for educators and students to transmit digital data. (2) Allowances under certain circumstances to extend 6-year maximum on H-1B visas for foreign technical workers in U.S.
United Telecom Council (UTC) and Edison Electric Institute in recent filing round urged FCC to not adopt compromise plan until major issues such as funding are resolved on consensus proposal on 800 MHz rebanding (CD Sept 25 p4). Nextel, public safety groups and private wireless associations provided Commission with proposal for mitigating interference to public safety systems at 800 MHz. Plan would divide 800 MHz band into 2 contiguous spectrum blocks, with public safety, private wireless and specialized mobile radio licensees in one section and Nextel in another. Nextel would give up spectrum at 700, 800 and 900 MHz and receive spectrum in unlicensed PCS and mobile satellite services (MSS) bands. Before approving that proposal, UTC said FCC must address need for “adequate and guaranteed” funding of any required retuning by incumbents and “a need to encourage the implementation of advanced, more efficient technology across all of the band.” UTC urged FCC to adopt rules that would address interference through updated technical parameters and regulatory flexibility. If Commission adopts consensus plan or alternative such as blueprint offered by Motorola, critical infrastructure licensees should be able to relocate to bands other than proposed guard band at 800 MHz, UTC said. “Incumbents already on guard band frequencies should be permitted a funded migration off these frequencies and full co-channel spacing should be restored to reflect the differences in technology to be operated by public safety or other new licensees on vacated frequencies,” UTC said. In separate filing, Satellite Industry Assn. (SIA) opposed part of consensus plan that would involve reallocation of 1990- 1995 MHz reserve MSS spectrum. While backers of consensus plan said that provision wouldn’t harm satellite development, SIA said it “would strike a severe blow to the 2 GHz MSS industry.” SIA argued that it would undermine FCC’s international spectrum harmonization efforts and “dramatically reduce” spectrum for MSS uplink operations.
NTIA is raising interference concerns over some parts of notice of proposed rulemaking (NPRM) issued by FCC in Oct. that would update sections of its Parts 2, 15 and 18 rules, including provisions that would modify emissions to limits on certain Part 15 devices above 2 GHz. In letter to Office of Engineering & Technology Chief Edmond Thomas, NTIA cited part of proposal that would increase allowable field strengths for radio frequency identification (RFID) rules. On RFID systems, proposal would harmonize U.S. rules with standards for such devices in Europe and Australia. NPRM sought comment on changes in power levels for RFID tags operating at 425-435 MHz, which NTIA said was within 420-450 MHz allocated on primary basis to federal govt. Military systems operating in that spectrum include radiolocation operations for aircraft and missile surveillance, early warning and fire control, said letter from Fredrick Wentland, acting associate administrator of NTIA’s Office of Spectrum Management. “The radiolocation radars in this band include ground, shipborne and airborne radars that are essential to the nation’s homeland defense,” Wentland wrote. NASA also uses band for telemetry and telecommand, he said. Citing preliminary NTIA analysis, he said power level changes in parameters for RFID tags “could result in interference to federal systems” and NTIA and federal agencies “cannot support the proposed rule changes.” In next 90 days, NTIA and agencies will complete studies and provide them to Commission. In NPRM, FCC said it agreed with Savi Technologies that proposed Part 15 changes would allow more advanced systems to operate at 433 MHz. In other areas: (1) NTIA objected to 11 dB increase in field strength limits for RFID tags in 13.11-13.41 MHz. It said 13.26-13.36 MHz was allocated to aeronautical mobile services, which are designated for safety-of-life communications. FAA uses that spectrum for communications in oceanic and remote areas. “The increase in field strength by 11 dB could severely reduce the distance that an aircraft can successfully communicate with a ground flight tracking system,” NTIA said. NTIA recommended use of another part of high frequency band that wouldn’t require increase in Part 15 emission limits in frequency band allocated for Aeronautical Mobile Services. NTIA said it needed 90 more days to complete studies in that area. (2) NTIA said it and other federal agencies also needed another 90 days to complete studies on protection of sensitive services and to identify continuing R&D projects above 38.6 GHz. FCC sought comment on need for changes in restricted bands above 38.6 GHz and whether there were Part 15 rules designed to protect sensitive service such as govt. operations that should be modified. Among govt. services operating in that spectrum are 13 bands used by NASA for space research and Earth exploration satellite service sensors for missions such as weather forecasting and global warming measurements, NTIA said.
Several commenters in FCC Part 15 proceeding said proposed changes in radio frequency identification (RFID) rules could help homeland security. In Oct., FCC issued notice of proposed rulemaking to update sections of its Parts 2, 15 and 18 rules, including proposals to modify emissions limits on certain Part 15 devices above 2 GHz. On RFID systems, proposals would harmonize U.S. rules with standards for such devices in Europe and Australia. FCC rules let intentional radiators such as unlicensed RFID devices operate in 13.56 MHz band at certain power limits. Such systems typically include tag mounted on item to be tracked and use radio signals to identify items such as shipping containers. Proposed changes would let RFID systems transmit data more effectively “over longer localized ranges,” Texas Instruments said. Proposal would allow higher security and improved data transfer for access control, airline baggage handling, parcel tracking and electronic transactions that use RFID cards, TI said. Systems built under proposal could electronically identify wrapped packages and sealed envelopes because “line of sight” doesn’t have to be established, which could aid customs clearance, TI said. “There appears to be greater emphasis on knowing the identity of both persons (identification cards) and the contents of packages since Sept. 11 as our nation works to improve homeland security,” TI said. Motorola also supported changes for RFID rules, which were part of petition filed by National Council for Information Technology Standardization. Changes would allow greater RFID system range, including improvement from several centimeters to more than 1 m in some cases, Motorola said. “The expanded use of RFID technology can positively impact the national economy and be used as a tool for the homeland security initiative,” company said. CEA cited potential for RFID to help provide systems to match passengers with luggage. U.S. manufacturers of RFID equipment would benefit by “allowing a single product to be used in many markets, thus lowering development costs,” CEA said. Information Technology Industry Council said in recent years there had been “dramatic increase” in use of spectrum above 2 GHz, although Commission hadn’t changed requirements for spurious emissions limits. Balance must be kept between protecting licensed services from interference “while not overburdening the unlicensed devices with too excessively stringent limits,” CEA said. Group asked FCC to consider development of test method to measure unintentional emissions. ITI said removing some restrictions in bands above 38.6 GHz could open market for new unlicensed services.