LMS companies attempt to grab 900 MHz spectrum puts their interests on a collision course with millions of American businesses and consumers that use Part 15 devices on a daily basis.

by Patricia Fusco ISP-Planet Managing Editor [September 16, 2002]

Founded in 1999, License-Exempt Alliance (LEA) is a self-governing unit within the Wireless Communications Association. Its mission is to foster the growth of license exempt services in the U.S. and worldwide. LEA’s membership is comprised of leading carriers, vendors and consultants primarily using the 900 MHz, 2.4 GHz, and 5 GHz bands.

Recently, the LEA asked the Federal Communications Commission to cut to the chase on Part 15 rules governing shared spectrum and reject arguments put forth by location and monitoring service (LMS) license holders.

As you may recall, LMS license holders in the 902 to 928 MHz band want to change Part 15 rules again—essentially barring all other users. LMS corporations, like Progeny and Telesaurus, are seeking exclusive, licensed use of a portion of this spectrum band. Progeny wants to expand licensing of the spectrum so it can roll out an automatic vehicle monitoring (AVM) service. Telesaurus just wants to kick everybody else out of the band in order to develop its own service.

Setting the stage
Back in 1995 the FCC established new rule regarding the location and monitoring services, allowing for LMS and vehicle monitoring service advancements. The FCC adopted rules for the future licensing and continued development of a number of services, including Amateur Radio, in the 902-928 MHz band. The impact of this step by the FCC is significant.

Radio Amateurs would continue to have access to 902-928 MHz, but they would be sharing access with new LMS systems—as would industrial, scientific, and medical systems. Unlicensed, low-power “Part 15” users were thus restricted to access to the spectrum on secondary basis.

The FCC next adopted a plan to afford Part 15 users “a greater degree of protection to their operations” and interference from other services. This plan included licensing small bits of the band to LMS companies. One provision of these rules specifies that Part 15 products and services cannot cause interference to other non-Part 15 devices and services.

Air raids
Flash forward to 2002, and fixed wireless Internet service providers (WISPs) are now a major part of “Part 15” scene. This is in addition to other types of low-power services that do not require a license from the FCC, including digital cordless phones, utility meter readers, wireless stereo speakers, remote controls, and home security systems.

Giving LMS companies control over the band puts their interests on a collision course with those of the millions of American businesses and consumers that use Part 15 devices on a daily basis.

Under the LMS proposed rule making, users of Part 15 devices that cause interference could be ordered to cease operation. Cordless phones, home security systems, medical devices, and others could be rendered ineffective or useless—not to mention WISPs providing high-speed Internet services.

Rules of engagement

Charles Brown, Vice President of the WISP equipment maker WaveRider and LEA member, said the LEA isn’t trying to rewrite the rules the way that Progeny and Telesaurus are.

“We’re asking the FCC to reject the proposals put before them by LMS operators,” Brown said. “The proposals have no merit. We’re happy with the way Part 15 rules work right now.”

WaveRider has much invested in maintaining the status quo—its lineup of non-line-of-sight equipment works entirely within the confines of Part 15 rules. Furthermore, Brown noted that the alliance is just one of many organizations that have a stake in keeping Part 15 rules as they are.

“The LEA is just one of many groups opposing any rule changes. This issues goes far beyond the broadband wireless industry. This is not just a WaveRider or WISP issue,” Brown said. “Once the FCC sees the tidal wave of submissions saying ‘Don’t do this,’ I think they will respond accordingly.”

Indeed, the LEA is joined by organizations like PART-15.ORG, the Electronic Frontier Foundation, the BroadNet Alliance, as well as the 163,000 members of ARRL, the national membership association for Amateur Radio operators, in its desire to keep the 902-928 MHz band license-exempt space.

Silent treatment
The most recent skirmish about part 15 rules surfaced in June. The petitions filed by the LMS operators are still under review by the Commission. To date, federal regulators have not made any public statements regarding the subject—which further contributes to muddy the matter.

“So far there’s been no response from the FCC to any petitions,” Brown said. “The Spectrum Task Force was looking at what changes should be made within Part 15—as well as every other chunk of spectrum. They could dismiss these requests or could take the petitions under advisement. So far, there’s been no response—not a statement or a word.”

When FCC Commissioner Michael Powell announced the formation of the Spectrum Policy Task Force in June to assist the Commission in identifying and evaluating changes and improvements in spectrum policy, he asked that the Task Force present its recommendations in a report to the Commission by the end of October.

Powell cited the need for continued use of unlicensed bands. He said license-exempt technologies are “a source of innovation for showing us the vision of alternative ways spectrum can be used that are outside the traditional ‘command and control’ model.”

Going forward, the battle over the 902-928 MHz band is one chapter in the ongoing war at the FCC over available spectrum. By October, it is expected that the Commission's Spectrum Policy Task Force will issue its preliminary views about how license-exempt spectrum should be regulated. In the meantime, interested parties in the license-exempt space should continue to make their views known to the FCC about the value of the 900 MHz band to their business operations.

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