IP: FCC on ARRL Part 15 - "overly conservative"

[David Farber <dave () farber net>]

> From: Dewayne Hendricks <dewayne () warpspeed com>
>
> [Note:  This item comes from reader Benn Kobb.  The ARRL has been 
> trying to get the FCC to rule on this issue for some time.  Now they 
> have, but the key statement is buried in a R&O that one would not 
> normally associate with the matter.  My kudos to Benn for digging 
> this one up!  DLH]
>
> At 7:01 -0800 12/15/01, Bennett Kobb wrote:
> > From: Bennett Kobb <bkobb () newsignals com>
> > To: Dewayne Hendricks <dewayne () warpspeed com>
> > Subject: FCC on ARRL Part 15 - "overly conservative"
> > Date: Sat, 15 Dec 2001 07:01:18 -0800
> > MIME-Version: 1.0
> >
> > This excerpt is from the FCC 24 GHz order released on Dec. 14 (FCC 01-357)
> > :
> >
> > "ARRL asserts that the Commission must at some point acknowledge 
> > that Part 15 devices, "[A]re allowed under the Communications Act 
> > only where they have no interference potential to licensed 
> > services." We do not agree with this viewpoint. The Communications 
> > Act of 1934 as amended provides that, "
> > [T]he Commission may, consistent with the public interest, 
> > convenience, and necessity, make reasonable regulations (1) 
> > governing the interference potential of devices which in their 
> > operation are capable of emitting radio frequency energy by 
> > radiation, conduction, or other means in sufficient degree to cause 
> > harmful interference to radio communications...."
> >
> > "ARRL's interpretation of this authority is overly conservative. 
> > The operating requirements of Part 15 appropriately provide a means 
> > for allowing unlicensed devices to share spectrum with licensed 
> > services with little risk of interference to licensed services. If 
> > interference does occur, these rules provide adequate protection to 
> > licensed services by requiring the unlicensed device to cease 
> > operation until the problem is corrected. The rules permit the 
> > creation and advancement of new and innovative unlicensed low power 
> > products and services."

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