1. Slide 0 National Spectrum Managers Association Unlicensed Devices – An Update Mitchell Lazarus May 22, 2007 703-812-0440 | lazarus@fhhlaw.com

2. Slide 1 A Brief History of Unlicensed Use  Early period: 1936-1985  e.g., toys, home intercoms, early cordless phones  low power, short range, poor performance  Middle period: 1985-2006  e.g., Wi-Fi, Bluetooth, ZigBee, many more  spread spectrum, high power, “dedicated” spectrum  good data rate, range, reliability but inefficient spectrum use  Late period: 2006-...  better data rates, reliability, plus intelligent sharing  “Ninja” devices – slip in and out unnoticed.

3. Slide 2 Signs of Transition  Wi-Fi a/b/g, Bluetooth: always same power, all directions  even if receiver close by, or nothing to transmit  “selfish” dynamic frequency selection  Expanded U-NII (5 GHz) requires:  “altruistic” dynamic frequency selection  automatic transmit power control  ZigBee: brief transmissions  IEEE 802.11n: MIMO – potential for spatial multiplexing  “White space” (IEEE 802.22): multiple sharing techniques.

4. Slide 3 White Space Proceeding  Premise: most TV channels in any area are vacant  same-channel and adjacent-channel spacing rules, “UHF taboos” (analog only), sparse markets  long-standing interest in wireless use  Problem: avoiding interference to TV reception  potential interference on same and adjacent channels  exacerbated by high-gain outdoor TV antennas  TV reception has near-absolute right to protection but Congress can change that.

5. Slide 4 White Space – History  December 2002: Notice of Inquiry  strong opposition, little support  May 2004: Notice of Proposed Rule Making  suggested three mechanisms: 1.find device location; consult table of vacant channels 2.receive “control signal” that identifies vacant channels 3.monitor for TV activity (“detect and avoid”)  Strong opposition from broadcasters  Senate bills (2005-06) requiring FCC to allow WS use  never passed; died when Congress adjourned  but doubtless prompted FCC action.

6. Slide 5 White Space – FCC “Decision”  Oct. 2006: First Report and Order and Further NPRM  announces intent to allow fixed operation (only) after 2/18/09 –when analog TV ceases  will protect channel 37  Seeks comment on:  portable operation  same three interference protection mechanisms  protection of channels 2-4, 14-20  licensed vs. unlicensed operation  many technical details.

7. Slide 6 White Space – IEEE 802.22  Provides for fixed operation only  base unit serves multiple remotes  Base unit:  must be professionally installed  programmed for locally vacant channels  Remote unit:  can be installed by the consumer  cannot operate without control signal from base signal identifies vacant channels  All units monitor for TV activity, lock out channels in use  Has support of broadcasters.

8. Slide 7 White Space – Legislation  Several bills pending; details vary  Some would:  require both fixed and portable operation  not protect channel 37  not protect low power TV, TV translators, wireless microphones  require implementation before DTV transition date  Broadcasters strongly opposed.

9. Slide 8 IEEE 802.11n  Pending Wi-Fi standard  74-248 Mbps (at 70 meters indoors)  compared to 54 Mbps for 802.11g  Uses MIMO (multiple antennas) for greater speed and range  provides for spatial multiplexing  Complies with present FCC rules  Publication expected September 2008  products available now.

10. Slide 9 Modular Certification  Permits FCC-certified device in multiple host devices  allowed under public notice since 2000; now in rules  Requires eight additional showings:  own shielding; buffered I/O; own power supply regulation; “unique” antenna connector; tested as stand- alone; host device carries FCC ID; complies with same rules as complete transmitter; RF exposure limits  Allows “split modular” transmitters – separate RF front end and controlling firmware  Limited approval available for partial compliance  must assure full compliance in final combination.

11. Slide 10 Software Defined Radios – Changes  FCC policy: manufacturers should not make security software public  controversial in open-source community  SDR must be certified under SDR rules only if others will modify its software  Rules exempting most amateur transmitters from certification still stands, even for transmitters that incorporate SDR capability.

12. Slide 11 “Late Period” Proceedings Terminated  Interference temperature proposal:  measure background emissions  add proposed transmission  check whether total is under some predetermined limit  problems: (1) specifying limits; (2) where to measure emissions  Receiver standards  proposed to promote denser spectrum use  question whether within FCC’s authority  Both proceedings now terminated.

13. Slide 12 Other Matters

14. Slide 13 “Progeny” Proceeding  Progeny LMS, LLC: Location and Monitoring Service (LMS) licensee in the 902-928 MHz band  LMS licenses auctioned in 1999 for $3.5M  never constructed; could not compete with GPS  LMS rules protect Part 15 operation  Progeny seeks:  increase power, provide any service  eliminate Part 15 protections  Progeny claims band is 97.5% free, LMS block is 99.2% free  Part 15 users are opposing.

15. Slide 14 OTARD  Over the air receiver device (OTARD) rules prohibit third- party restrictions on an antenna if: 1.one meter or less in diameter 2.on property under the exclusive control of the user 3.used to transmit or receive fixed wireless signals  Applied to video and licensed services (e.g., BRS)  FCC: OTARD also protects Part 15 antennas.

16. Slide 15 All Wireless Broadband Deregulated  Unlicensed services have never been regulated (as to rates, discrimination, etc.)  FCC previously declared three forms of broadband Internet access also to be unregulated:  cable modem service (2002)  DSL (2005)  broadband over power line (2006)  2007: all wireless forms of broadband Internet access are unregulated (licensed or not).

17. Slide 16 Increased Fines for Violations – 1  Some recent fines:  $1,000,000: 50 models of sound equipment (missing labels and test reports)  $150,000: 17 models of amateur transmitter easily converted to CB  $75,000: GPS re-radiator (first offense)  $65,000: locator beacon (premature advertising)  $50,000: 2.4 GHz power amplifier for access points (repeat offense)  $25,000: police radar jammer (multiple repeat offense).

18. Slide 17 Increased Fines for Violations – 2  Enforcement Bureau calculations:  large fines for administrative offenses – i.e., no allegation of non-compliance with technical rules  multiply base fine by number of models, even if similar  raised composite fine from from $28,000 to $75,000 based on activities prior to statute of limitations  raised base fine from $7,000 to $50,000 based on one previous offense  raised fines based on estimate of economic gain.

19. Slide 18 Thank you! Mitchell Lazarus | 703-812-0440 | lazarus@fhhlaw.com