Unlicensed to Kill:A Brief History of the Part 15 Rules

Kenneth R. CarterSenior Consultant

THE GENESIS OF UNLICENSED WIRELESS POLICY

An Information Economy Project Conference George Mason University School of Law

April 4, 2008

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Agenda

• Unlicensed Rules Generally• The History of the Part 15 Rules

- Origins of the Rules Governing Unlicensed Devices

- The Evolution of the Part 15 Rules- More Room for Unlicensed Operation – Into

the Future

• Spectrum Policy Lessons from Its History

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Unlicensed OperationNo such thing as “Unlicensed Spectrum”

• Low Power Operation without a User License

• No Vested Right to Continued Operation

• May Not Cause Harmful Interference

• Must Accept Any Interference

• Must Cease Operation if Notified by FCC that Device is Causing Harmful Interference

• Must Receive Equipment Authorization before Marketing/Importation

“No, Mister Bond, I expect you to accept all harmful interference.”

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Certification

• Unintentional Radiators: devices that generate RF energy internally, or sends RF signals to associated equipment via connecting wiring, but which are not intended to radiate RF energy through the air. Examples include computer CPU boards and power supplies. The components and enclosures of these devices must be shielded sufficiently to limit the amount of RF energy that escapes.

• Incidental Radiators: devices, like electric motors, that generate radio frequency energy during the course of operation although the devices are not intentionally designed to generate or emit RF energy.

• Intentional Radiators: devices that intentionally generate and emit RF energy by radiation or induction.

“Now I’ve got to get all these certificated.”

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Charting Unlicensed Devices

RF DevicesPart 15

U-NII Subpart E

U-PCSSubpart D

UWBSubpart F

IntentionalRadiators Subpart C Low Power

Transmitters

Spread Spectrum

Wi-Fi802.11b802.11g

802.11a

Motorola Canopy

RFIDs

Cordless Phones

GarageDoor

ISMPart 18

Blue-Tooth

HomePlug

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History

• Everything leaks spectrum

• FCC Chief Engineer, Ewell Jett in 1938: No: interference no engineering reason for suppressing their use.

• No such think as “unlicensed spectrum”

• Westward migration new bands opened.

• Bands congested

• Higher frequencies available

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Part 15 Timeline

1920 2003

1920 - 1934“Wild West Days”

1934The Communications Act

1960 - 1979Expanding Applications Base.

1938Unlicensed Precedent Set

Part 15 0.3-3

3-30 MHz.

wireless microphones, telemetry systems,garage door openers, video cassette recorder,

anti-pilferage systems, auditory assistance devices, control and security alarm apparatus, and cordless telephones.

U-PCS 1910-19201920-19302390-2400 MHz

Low Power &Spread Spectrum900 - 9282400 - 2483.55725 - 5850 MHz

Millimeter Wave Technology. 59-64 GHz later widened to 57-64 GHz.

Part 15 Revision Limits on peak emissions. Unintentional Radiators Incidental Radiators Intentional Radiators

Introduction of U-NII5.15-5.355.725-5.825 GHz

Making Way for Ultra-Wideband.several gigahertz wide.

70-80-90 GHz NOI.71-7681-8692-95 GHz

SPTFUnlicensed NOI

5.8 NOI

Carter, Lahjouji, & McNeilPublish OSP WP #39

Unlicensed & Unshackled

1955Restricted Radiation Devices

27- 3070 - 890 MHz

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Coordinated vs. Uncoordinated Spectrum Access Regimes

Coordinated Spectrum Access Uncoordinated Spectrum Access

Features

Centralized

-base stations and terminals

-time slots

~higher power

Distributed

-radio devices only

-collision avoidance

~lower power

Advantages

Handles congestion well

Low overhead cost at high utilization rates

Low overhead cost at low utilization rates

No coordination across standards

Disadvantages

High overhead and opportunity costs at low utilization

Requires coordination across standards

Higher barriers to entry

High congestion costs

No ability to exclude

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FCC Enforcement Case Load 2000 -2003

35,93390.3%

3,8389.7%

Other Case Load i/x Cases

Unlicensed operators are well behaved spectrum users.

3,77398.3%

651.7%

Part 15 Cases Other i/x Cases

0.16% of Total Case Load

Total Case Load = 39,771

Source: Enforcement Bureau, FCC

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Summary

• Not spectrum policy

• Address engineering concerns

• Regulate emissions characteristics

• Manufacturers have wide latitude and flexibility in devices and services

• One size does not fit all - there are a variety of approaches.

• Markets are good servants, but poor masters. “Comes complete with sidewinders,

smokescreen, ejection seat, and Bluetooth.”

wik-Consult GmbH

Tel +49 (0) 2224-9225-24 k.carter@wik-consult.comFax +49 (0) 2224-9225-2224 www. wik-consult.com

Thank you

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