[LeArc] ARLB034 ARRL Part 15 stance draws industry fire

[Tony Coniglio]

> SB QST @ ARL $ARLB034
> ARLB034 ARRL Part 15 stance draws industry fire
> 
> ZCZC AG34
> QST de W1AW  
> ARRL Bulletin 34  ARLB034
> >From ARRL Headquarters  
> Newington CT  June 17, 2002
> To all radio amateurs 
> 
> SB QST ARL ARLB034
> ARLB034 ARRL Part 15 stance draws industry fire
> 
> An ARRL challenge to the FCC's authority to permit Part 15
> unlicensed operation of radio devices that may interfere with
> licensed services has drawn heavy fire from industry. The list of
> those filing opposition comments includes several unlicensed device
> makers and other industry giants, including Apple Computer and
> Microsoft. Some industry opponents are claiming that the ARRL wants
> to undo Part 15 altogether and would require individual licensing of
> such unlicensed devices as garage door openers and cordless
> telephones. ARRL General Counsel Chris Imlay, W3KD, says the
> industry commenters have it all wrong.
> 
> The industry assault came in direct response to an ARRL Petition for
> Reconsideration in a proceeding (ET Docket 98-156) to amend Part 15
> rules to allow certification of unlicensed, Part 15 equipment in the
> 24.05 to 24.25 GHz band at field strengths up to 2500 mV/m. The FCC
> first proposed permitting the unlicensed 24-GHz devices at the
> elevated field strengths in 1998 in response to a Petition for Rule
> Making from Sierra Digital Communications.
> 
> The ARRL wants the FCC to reverse a portion of its Order that
> addresses the Commission's jurisdiction to authorize unlicensed RF
> devices that pose significant interference potential to licensed
> services. The League has made similar points in two other recent
> rulemaking proceedings, arguing that the FCC is expanding the
> concept of unlicensed devices far beyond what the Communications Act
> ever had in mind.
> 
> Opposition comments filed on behalf of Agere Systems, Apple
> Computer, Bluetooth Special Interest Group, Cisco Systems, Microsoft
> and VoiceStream Wireless asserted that potentially every user of
> devices that radiate RF--intentionally or otherwise--''would be
> required to obtain an individual license from the Commission'' if
> ARRL's position prevails. The commenters urged rejection of ARRL's
> petition. Other comments echoed a similar refrain.
> 
> ARRL's Imlay says the industry commenters are missing the point and,
> he adds, responding to arguments that ARRL never made--such as
> individual licensing of Part 15 devices. ''This is a perfect example
> of where the FCC went too far,'' he said of the Order issued last
> December in the 24-GHz proceeding. ''There's a threshold. The trick
> is where to draw the line between licensed and unlicensed devices.''
> The League contends the FCC has failed at distinguishing between
> what should and should not be licensed and, in so doing, has
> violated the Communications Act.
> 
> The ARRL argues that the limit of FCC's jurisdiction is reached when
> it's concluded that operation of such devices ''has a substantial
> interference potential'' to a licensed service.
> 
> Imlay believes that amateurs and Part 15 devices can co-exist on the
> same spectrum, ''provided there are reasonable power levels that, on
> a whole, do not pose an interference threat.''
> 
> The ARRL will prepare a reply for filing by the June 28 deadline in
> the proceeding. Amateur Radio is primary at 24.0 to 24.05 GHz and
> secondary on the rest of the band.
> NNNN
> /EX