IN THE MATTER OF REVISION OF PART 15 OF THE COMMISSION'S RULES REGARDING ULTRA-WIDEBAND TRANSMISSION SYSTEMS.  Dkt No.: ET-98-153.

Order FCC Makes Additional Spectrum Available for Unlicensed Use., FCC, 11/14/2003 

As part of its ongoing effort to promote more flexible, innovative, and market driven uses of the radio spectrum, the FCC today made available an additional 255 megahertz of spectrum in the 5.470-5.725 GHz band for unlicensed devices. In the Report and Order approved yesterday, the Commission made the spectrum available for use by unlicensed National Information Infrastructure (U-NII) devices, including Radio Local Area Networks (RLANs), operating under Part 15 of the FCC's rules. This increases the spectrum available for use by unlicensed devices in the 5 GHz region of the spectrum by nearly 80% -- and is a significant increase in the spectrum available for unlicensed devices across the overall radio spectrum. This action will also harmonize the spectrum available for these U-NII devices throughout the world, enabling manufacturers to reduce product development costs by allowing the same products to be used in many parts of the world.The additional available spectrum for U-NII devices will enable continued growth and innovation in wireless broadband services, including services offered by wireless internet service providers (WISPs). WISPs use unlicensed devices to provide a broadband alternative for rural and underserved areas. Although they are a relatively nascent industry, their deployment rates have been increasing rapidly. In addition to making additional spectrum available for U-NII devices, the Commission also adopted several allocation changes consistent with the results of the 2003 World Radio Conference and an agreement reached with the U.S. Department of Defense, the National Telecommunications and Information Administration (NTIA). These changes will ensure that critical Federal Government operations are protected from harmful interference. In addition to the allocation changes, to provide federal users with additional protection from harmful interference, the Order requires that U NII devices operating in the 5.250 5.350 GHz and the 5.470 5.725 GHz bands employ dynamic frequency selection (DFS) - a listen-before-talk mechanism -- and transmit power control (TPC). Action by the Commission November 12, 2003, by Report and Order (FCC 03 287). Chairman Powell, Commissioners Abernathy, Copps, Martin, and Adelstein. Chairman Powell issuing a statement and Commissioner Abernathy issuing a separate statement. Office of Engineering and Technology contact: Ahmed Lahjouji at (202) 418-2061 

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Washington, DC - As part of its ongoing effort to promote more flexible, innovative, and market driven uses of the radio spectrum, the FCC today proposed to make available for unlicensed use an additional 255 megahertz of spectrum in the 5.470-5.725 GHz band.

In a Notice of Proposed Rulemaking (NPRM) approved today, the Commission proposed that this spectrum be made available for use by unlicensed National Information Infrastructure (U-NII) devices, including Radio Local Area Networks (RLANs), operating under Part 15 of the FCC's rules.  This would increase the spectrum available for use by unlicensed devices in the 5 GHz region of the spectrum by nearly 80% -- and, it represents a significant increase in the spectrum available for unlicensed devices across the overall radio spectrum.  The Commission also proposed additional technical requirements for U-NII devices, including transition periods for implementation of these requirements.

The Commission stated that the increased capacity gained from access to this added spectrum, coupled with the ease of deployment and operational flexibility provided by our U-NII rules, will foster the development of a wide range of new and innovative unlicensed devices and lead to further wireless broadband access and investment. The Commission also noted that this action advances the policies set forth in the Spectrum Policy Task Force Report issued last fall, which specifically recommended that additional spectrum be provided for unlicensed use. 

This action responds to a petition for rulemaking filed by the Wireless Ethernet Compatibility Alliance (WECA ­ now known as the Wi­Fi Alliance).  In agreement with WECA, the Commission recognized that this proposal aligns the frequency bands used by U-NII devices with those in many other parts of the world, enabling more widespread use of the same digital communications products and decreasing development costs for U.S. manufacturers.

The Commission also proposed several allocations actions consistent with both the  U.S. WRC-03 position and an agreement reached by the U.S. Department of Defense, National Air and Space Administration (NASA), the National Telecommunications and Information Administration (NTIA), and the FCC regarding the 5 GHz band.

Action by the Commission May 15, 2003, by Notice of Proposed Rulemaking in ET Docket No. 03-122, (FCC 03-110). Chairman Powell, Commissioners Abernathy, Copps, Martin, and Adelstein.  Separate statements issued by Chairman Powell, Commissioners Abernathy, Adelstein with joint statement issued by Commissioners Copps and Martin.

• FCC PROPOSES ADDITIONAL SPECTRUM FOR UNLICENSED USE. Proposed making available for unlicensed us an additional 255 megahertz of spectrum in the 5.470- 5.725 GHz band.. News Release. Adopted: 05/15/2003. News Media Contact: Lauren Van Wazer (202) 418-0030, FCC 5/19/03

ADDITIONAL SPECTRUM FOR UNLICENSED DEVICES BELOW 900 MHZ AND IN THE 3 GHZ BAND. Issued Order extending the time to file comments and reply comments. This extension of time is believed to provide beneficial information to the record in the proceeding and will not cause undue delay. (Dkt No. 02-380). Action by: Chief, Office of Engineering and Technology. Comments Due: 04/17/2003. Reply Comments Due: 05/16/2003. Adopted: 03/28/2003 by ORDER. (DA No. 03-1022). OET, FCC 4/1/03  In a Notice of Proposed Rulemaking (NPRM) approved today, the Commission proposed that this spectrum be made available for use by unlicensed National Information Infrastructure (U-NII) devices, including Radio Local Area Networks (RLANs), operating under Part 15 of the FCC's rules.  This would increase the spectrum available for use by unlicensed devices in the 5 GHz region of the spectrum by nearly 80% -- and, it represents a significant increase in the spectrum available for unlicensed devices across the overall radio spectrum.  The Commission also proposed additional technical requirements for U-NII devices, including transition periods for implementation of these requirements.

SuperNET / UNII Wireless Network Connections ET Docket No. 96-102, RM-8648, RM-8653

"A Memorandum Opinion and Order ("MO&O") was adopted on June 17, 1998, and released June 24, 1998, addressing two Petitions for Reconsideration and a Petition for Clarification. The MO&O amend Part 15 of our rules to permit fixed, point-to-point Unlicensed National Information Infrastructure ("U-NII") devices in the 5.725-5.825 GHz band to operate with one watt ("W") maximum transmitter output power and directional antennas of up to 23 dBi gain. We also amended our rules to specify transmit power limits in the form of a logarithmic equation as a function of channel bandwidth. We also clarify our rules regarding unwanted emissions and specify these limits in terms of absolute radiated power levels. Further, this action clarifies and addresses other issues raised in the petitions regarding the operation of, and regulations
governing, U-NII devices. 

"On January 9, 1997, a Report and Order was adopted and released in this proceeding. The Report and Order amends Part 15 of its rules to make available 300 megahertz of spectrum at 5.15-5.35 GHz and 5.725-5.825 GHz for use by a new category of unlicensed equipment, called Unlicensed National Information Infrastructure ("U-NII") devices. These devices will provide short-range, high speed wireless digital communications on an unlicensed basis. We anticipate that U-NII devices will support the creation of new wireless local area networks ("LANs") and will facilitate wireless access to the National Information Infrastructure ("NII"). In order to permit significant flexibility in the design and operation of these devices, we are adopting the minimum technical rules necessary to prevent interference to other services and to ensure that the spectrum is used efficiently. We believe that the rules set forth herein will foster the development of a broad range of new devices and communications options that will stimulate economic development and the growth of new industries. We also expect that this action will promote the ability of U.S. manufacturers, including small businesses, to compete globally by enabling them to develop unlicensed digital communications products for the world market.

"On April 25, 1996, a Notice of Proposed Rule Making (NPRM) was adopted and released May 6, 1996. Comment period for the NPRM has been established: comments due July 15, 1996, and reply comments due August 14, 1996. In the NPRM, the Commission proposed to make available 350 megahertz of spectrum at 5.15 - 5.35 GHz and 5.725 -5.875 GHz for use by a new category of unlicensed equipment, called NII/SUPERNeT devices. These devices would provide short-range, high-speed wireless digital communications on an unlicensed basis. The Commission anticipates that these NII/SUPERNet devices will support the creation of new wireless local area networks ("LANs") and will facilitate wireless access to the National Information Infrastructure ("NII")." OET Hot Topics.
 

• Released: 08/30/2002. MEASUREMENT PROCEDURE UPDATED FOR PEAK TRANSMIT POWER IN THE UNLICENSED NATIONAL INFORMATION INFRASTRUCTURE (U-NII) BANDS. (DA No. 02-2138). OET. Contact: OET - Steve Martin - 301/362-3052
• COMMISSION AMENDS PART 15 OF ITS RULES TO FACILITATE DEVELOPMENT OF HIGH SPEED WIRELESS SERVICES. The FCC has amended its rules to promote the introduction of new digital transmission technologies for high-speed wireless communications.. News Release. (Dkt No 99-231). Adopted: 05/16/2002. News Media Contact: Lisa Gaisford at (202) 418-7280 OET. Contact Neal McNeil at (202) 418-2408, FCC 5/17/02
• Commission Proposes Amendments to Part 15 of Rules to Facilitate Deployment of New High Speed Wireless Devices. [ News Release | Presentation on Trends in Unlicensed Spread Spectrum Devices ] 5/10/01
• Public Notice Released: January 25, 2000. FCC ANNOUNCES PARTICIPANTS FOR FORUM ON OPPORTUNITIES FOR NEW UNLICENSED WIRELESS TECHNOLOGIES. Contact: Maura McGowan at (202) 418-0987, fax: (202) 418-0235, email: mmcgowan@fcc.gov, Office of Engineering and Technology: Lynn Remly at (202) 418-2930, fax: (202) 418-1944, email: lremly@fcc.gov, TTY: (202) 418-2989:. 
  

AMENDMENT OF PART 15 OF THE COMMISSION'S RULES REGARDING SPECTRUM DEVICES ET Docket No. 99-231

COMMISSION AMENDS PART 15 OF RULES TO FACILITATE TECHNOLOGY FOR HIGH SPEED WIRELESS SERVICES. The FCC amended its rules to allow frequency hopping spread spectrum systems in the 2.4 GHz band (2400-2483.5 MHz) to use wider hopping channels. by R&O. Action by: the Commission. Dkt No.: ET-99-231. (FCC No. 00-312) News Media Contact: Rosemary Kimball (202) 418-0500. OET Contact: Neal McNeil at (202) 418-2408. News Release | Order

According to Boardwatch, "The Home RF Working Group also isn't happy with its current 1 MHz frequency-hopping channels in the unlincesed 2.4 GHz spectrum, so it's petitioned the FCC to allow channel width of 5 MHz... In July 1999, the FCC issued a proposed rule change taht would implement the 5 MHz scheme.  Public comment brought a blast of criticism from the 802.11b/direct-sequence camp, charging that the interference would cause to 802.11b devices would be unacceptable.  At this writing, its not clear if the FCC will withdraw the proposal or not."  Scott Mace, The 2.4 GHz Traffic Jam, Boardwatch (July 2000).

• IN THE MATTER OF AMENDMENT OF PART 15 OF THE COMMISSION'S RULES REGARDING SPREAD SPECTRUM DEVICES - Order Granting Extension Time to Comment Text. Released: 11/01/1999.
• Notice of Proposed Rulemaking Released: 06/24/1999. (Wordperfect)
• Memorandum Opinion and Order Adopted: June 17, 1998 Released: June 24, 1998 FCC 98-121 [13 FCC Rcd 14355 (1998); 63 FR 40831 (07/31/98) ] Original Memorandum Opinion and Order Text (WordPerfect 5.1) Memorandum Opinion and Order Text (ASCII Text missing footnotes)
• Public Notice Released: March 12, 1997 Mimeo 2179 [ 62 FR 12641 (3/17/97) ]
• Report and Order Adopted: January 9, 1997 Released: January 9, 1997 FCC 97-5 [12 FCC Rcd 1576 (1997); 62 FR 4649 (1/31/97) ]

  " By this action, we amend Part 15 of our rules to make available 300 megahertz of spectrum at 5.15-5.35 GHz and 5.725-5.825 GHz for use by a new category of unlicensed equipment, called Unlicensed National Information Infrastructure ("U-NII") devices. 1 These devices will provide short-range, high speed wireless digital communications on an unlicensed basis. We anticipate that U-NII devices will support the creation of new wireless local area networks ("LANs") and will facilitate wireless access to the National Information Infrastructure ("NII"). 2 In order to permit significant flexibility in the design and operation of these devices, we are adopting the minimum technical rules necessary to prevent interference to other services and to ensure that the spectrum is used efficiently. We believe that the rules set forth herein will foster the development of a broad range of new devices and service offerings that will stimulate economic development and the growth of new industries. We also expect that this action will promote the ability of U.S. manufacturers, including small businesses, to compete globally by enabling them to develop unlicensed digital communications products for the world market. 3 "

  • Original Report and Order Text (WordPerfect 5.1)
  • Report and Order Text ( Adobe® Portable Document Format)
  • Report and Order Text (ASCII Text missing footnotes)
  • Press Release (ASCII Text)
  • Commissioner Ness's Statement (WordPerfect 5.1)

• Notice of Proposed Rule Making Adopted: April 25, 1996 Released: May 6, 1996 FCC 96-193 [11 FCC Rcd 7205; 61 FR 24749 (5/16/96) ]

  • Original Notice Text (WordPerfect 5.1)
  • Notice Text ( Adobe® Portable Document Format)
  • Notice Text (ASCII Text missing footnotes)
  • Press Release (ASCII Text)

  84. In the NPRM , we proposed to allow U-NII devices to operate on an unlicensed basis. We tentatively concluded that the low power and limited range of U-NII devices would make licensing administratively difficult for users and the Commission. Further, we noted that this spectrum may be of very limited use to licensed services due to the presence of incumbent operations. . . .

  87. Decision . We continue to believe that low power U-NII devices and associated operations are more amenable to an unlicensed structure and should be regulated under the Part 15 rules. Specifically, the rules governing U-NII devices are similar in their low power and flexible regulatory nature to those governing Part 15 devices. While some UNII devices in the upper band could have ranges of several kilometers, we believe that most devices will have typical communication ranges of a few meters to a few hundred meters. Additionally, like other existing unlicensed devices, we believe that trying to license U-NII devices individually would be administratively difficult if not impossible for both the Commission and the consumer and would greatly delay the implementation and use of this band by U-NII devices. Further, we do not think it would be advisable at this time to license spectrum blocks and large service areas to providers.

• ISM: Jan. 30, 1996 NPRM ET Docket 96-8 11 FCCRcd 3068 (1996) proposed to amend the rules regarding the operation of spread spectrum transmission systems in the 902-928 MHz, 2.400-2.4835 GHz and 5.725-5.850 GHz bands.
• Docket 89-354 amended rules

• Proceeding intiated 1989, order released 1990.
• 1985: Authorization of Spread Spectrum and other Wideband Emissions not Presently Provided for in the FCC Rules and Regulations, Dkt 81-413, First Report and Order (May 24, 1985) opening spectrum to unlicensed use
  • "The world's first general authorization for civil spread spectrum was in May 1985 in FCC Docket 81-413. This included the rules that WiFi, Fluetooth, and the majority of cordless phones sold in the US operate under." Michael Marcus, Early Civil Spread Spectrum History
    • In reward for Michael Marcus's work on the unlicensed band, the Office of Science and Technology was reorganized, the top three positions were eliminated, Marcus received the lowest performance appraisal in six years, and he was transferred to excile in the Enforcement Bureau. - Michael Marcus, WiFi and Bluetooth: The Path from Carter and Reagan era Faith in Deregulation to Widespread Products Impacting Our World, PPT, Unleashing Unlicensed: How WiFi Got Its Regulatory Grove, An IEP Conference at GMU (April 4, 2008)
  • 1984: Notice of Proposed Rulemaking Dkt 81-413 ("we are proposing in this Notice of Proposed Rulemaking rules that would authorize the use of spread spectrum under conditions that prevent harmful interference to other authorized users of the spectrum. We anticipate that this authorization will stimulate innovation in this technology, while meeting our statutory goal of controlling interference.")
  • In the Matter of Authorization of spread spectrum and other wideband emissions not presently provided for in the FCC Rules and Regulations, Notice of Inquiry, 46 Fed. Reg. 51259; 87 FCC 2d 876, Dkt 81-413 (Adopted: June 30, 1981; Released September 15, 1981)
    • VIDEO of Michael Marcus from the FCC Meeting
    • 1. The Federal Communications Commission is initiating this Inquiry to gather information that will assist it in formulating policy regarding the use of wideband emissions. The Commission has before it a number of requests, both formal and informal, to authorize systems employing wideband modulation techniques for such diverse services as communications, radiolocation and telemetry operations. Because of the fundamental differences between wideband and narrowband types of modulation, the present Commission Rules and Regulations do not appear to provide the proper mechanisms for dealing with these requests. Indeed, our present rules implicitly forbid the use of some new technologies in this area.
    • 2. Basically, a system employing wideband modulation takes an information signal of a small bandwidth and after modulation of a radio carrier, produces a radio frequency (RF) signal of a much larger bandwidth. Although conventional amplitude modulation (AM) and frequency modulation (FM) do result in spreading the information signal's bandwidth, the resultant RF bandwidth is still comparable to the bandwidth of the baseband signal. The modulation technique used in the FM broadcasting service increases the baseband signal's bandwidth by approximately a factor of sixteen. Although this is an example of wideband modulation, the FM broadcast signal's bandwidth still remains less than 240 kilohertz. In the context of this Inquiry, we shall concern ourselves with modulation techniques in which the baseband signal's bandwidth is greatly expanded; in some cases expansions of 1000 will be typical. This may result in RF bandwidths of many megahertz.
    • 3. This Inquiry is designed to serve two purposes. We hope to gather information to: 1) assist us in identifying specific radio services presently authorized by the Commission, as well as ideas for new services, where the authorization of wideband modulation techniques would serve the public interest; and 2) identify the technical parameters which characterize a wideband emission, including procedures used to measure these parameters, and identify technical standards necessary to insure operation of a minimum interference basis.
  • "On March 6, 1981 the Private Radio Bureau issued a Special Temporary Authorization (STA) to the Amateur Radio Research and Development Corporation (AMRAD) for the purpose of conducting experiments on spread spectrum modulation. In order to permit spread spectrum, the STA waived two sections of the Commission's Rules." NOI n 4.
  • April 14, 1980, Equatorial was granted permission to provide a 9600 bit per second data distribution service using spread spectrum transmissions
  • Del Norte Technology, Inc., Petition for Rulemaking, General Docket 80-135, filed May 10, 1979.