IP: NTIA reminds FCC about spectrum law

[Dave Farber <dave () farber net>]

------ Forwarded Message
From: Dewayne Hendricks <dewayne () warpspeed com>


[Note:  I can see why the NTIA would be upset about that paragraph in
the UWB R&O.  We've covered the role of the FCC, NTIA and IRAC on the
list before, so I won't repeat myself again with that story.  Suffice
to say that we have a balance of power issue here between the two
branches of government.  Precedence shows that the Executive Branch
has been the winner in past in similar disputes.  DLH]

NTIA reminds FCC about spectrum law
by JEFFREY SILVA
* May 06, 2002

WASHINGTON-The Bush administration plans to send a letter to the Federal
Communications Commission on a controversial provision in the
ultra-wideband decision that the Pentagon and other agencies believe
undermines the executive branch's authority to manage federal government
spectrum, an abrupt and embarrassing turnaround that comes less than a
week after a key Commerce Department official suggested the Pentagon was
overreacting.

The letter is being drafted by the National Telecommunications and
Information Administration, a unit of the Commerce Department that manages
government spectrum and advises the president on telecom policy, according
to sources. The Pentagon is said to be working closely with the agency on
the letter, the contents of which are expected to underscore the law
regarding NTIA's jurisdiction over federal government spectrum.

NTIA would neither confirm nor deny that it intends to bring the matter to
the FCC's attention. But it strongly hinted that is the case.

"We are aware that paragraph 273 has raised questions. It's possible we
will address this and it could be in the form of a letter," said Clyde
Ensslin, a spokesman at NTIA.

The paragraph on U.S. government operation of UWB devices, located near
the end of the 118-page FCC ruling, reads as follows:

"When part 15 regulations were amended in 1989, the commission opened
several frequency bands for unlicensed operation even though those bands
were allocated for exclusive operation by the U.S. government. The
commission took this action following an informal agreement with NTIA that
similarly permitted it to operate equipment in exclusive non-government
bands under the same Part 15 standards. We will continue this policy,
permitting the U.S. government to operate in non-government frequency
bands and in shared frequency bands under Part 15 standards. Accordingly,
as a condition of their use of these bands, U.S. government specifications
for UWB devices operated by the U.S. government agencies in non-government
or in shared frequency bands must conform to the standards and operating
conditions that are being adopted in this order. We believe that this will
result in a greater number of UWB devices operating under the same
parameters, facilitating our studies to readdress the appropriateness of
the UWB standards within the next six to 12 months."

When told the Pentagon was upset with the paragraph, NTIA deputy director
Michael Gallagher responded, "I'm mildly amused at that."

The Department of Defense, for its part, was not amused. There was a
flurry of activity at the Pentagon over the paragraph after officials
finished studying the extensive UWB decision, which the FCC issued April
22-some two months after voting for it.

The Pentagon's allergic reaction to the paragraph is believed to have
played a big role in NTIA's action, though officials at NTIA apparently
knew all along the legal issue of jurisdiction was potentially politically
explosive.

It has turned out to be just that for a controversy that to date has been
largely limited to whether UWB devices pose an interference threat to
mobile-phone communications as well as wireless 911, military, navigation,
government and commercial applications dependent on the satellite-based
Global Positioning System.

The FCC appears flummoxed by the fuss over paragraph on UWB spectrum
jurisdiction.

"To be honest with you, I don't think there is any real controversy at
all," said Edmond Thomas, chief engineer of the FCC. "I think this is much
ado about nothing because we've been doing it [cooperating and consulting
with NTIA] for years."

Thomas insisted the FCC is not overstepping.

"We're in no way trying to usurp the responsibility of NTIA," said Thomas

Meantime, the UWB interference debate is poised to heat up again, as the
FCC considers whether to relax UWB rules. Huntsville, Ala.-based Time
Domain and firms that use ground-penetrating radar for geological-related
applications are expected to aggressively lobby for less restrictive
rules.

While UWB offers various law enforcement, public safety and environmental
applications-from searching in the rubble for missing people to collision
avoidance systems to locating structural defects in bridges-the technology
offers huge opportunities for silicon chip makers, consumer electronics
firms and telecom vendors that see it as a high-speed alternative to
Bluetooth wireless connectivity.



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