[OKDXA] The Debate Continues...

[Nelson Derks]

from The ARRL Letter, Vol 21, No 25
Website: http://www.arrl.org/ on September 6, 2002

NTIA Heaves Potential Monkey Wrench Into 5-MHz Band Proposal:

The National Telecommunications and Information Administration (NTIA) has
recommended that the FCC not grant an ARRL petition for a domestic-only,
secondary Amateur Radio allocation at 5 MHz. The NTIA regulates radio
spectrum allocated to the federal government. The last-minute recommendation
followed hundreds of largely favorable comments and reply comments from
organizations--including the ARRL--and from individuals.

In an August 21 letter, the NTIA's Fredrick R. Wentland said federal
agencies are making extensive use of HF for emergency services, including
communications support for the Department of Defense, the Coast Guard and
Department of Justice law enforcement activities. "NTIA believes the
Commission's current proposal does not adequately provide for protection
from harmful interference to these critical government operations primary in
the band," said Wentland, who is NTIA's acting associate administrator for
spectrum management.

In its recent comments, the ARRL called the 5 MHz allocation "an urgent
priority of the Amateur Service" and asked that the proceeding to grant it
be expedited. Wentland's letter arrived at the FCC beyond the cut-off date
for reply comments in the proceeding, ET Docket 02-98.

Wentland said that without a more complete understanding of the interference
potential to federal operations, the NTIA believes the secondary amateur
allocation would be "premature." But he said that NTIA would work with the
federal agencies, the FCC and the amateur community to determine whether
"some future accommodation" for amateurs at 5 MHz would be possible. That
could include limitations on power or emission types, a reduction in the
size of the proposed band, the use of discrete frequencies or geographical
restrictions, he suggested.

ARRL General Counsel Chris Imlay, W3KD, said that while he and the ARRL
Board of Directors have been long aware of the concerns registered by the US
Coast Guard and the US Department of Justice with the NTIA's Interdepartment
Radio Advisory Committee (IRAC), he was surprised by the tone of the NTIA
letter.

"This is a lot worse than we were told to expect," he said, noting that the
FCC had cancelled a meeting to discuss issues expressed by the NTIA several
months ago and went forward with its proposal despite the NTIA's concerns.

"We don't know how seriously the FCC will take NTIA's comments," Imlay
added. "We're in the process of expediting coordination arrangements and
other means to identify and satisfy NTIA's legitimate concerns."

On May 2, the FCC proposed granting the ARRL's requests for new amateur
allocations at 5250 to 5400 kHz and 135.7 to 137.8 kHz and to elevate the
Amateur Radio allocation at 2400 to 2402 MHz to primary and to create a
primary Amateur-Satellite allocation there. Imlay said the 5250 to 5400 kHz
segment was proposed because it appeared to have the fewest US government
assignments.

Ironically, the ARRL's own timely filed comments and reply comments in late
July and mid-August noted that the eagerly anticipated 5-MHz allocation
request was "essentially uncontested" and enjoyed "extensive support" within
the amateur community."

The FCC went along with ARRL's proposal to permit amateurs to operate at
full legal limit on a new 5-MHz allocation, but it left open for further
discussion whether to restrict band access to certain license classes or to
break the band down into mode-specific subbands. In its comments, the ARRL
said that the band should be open to General and Extra class licensees and
that band planning was sufficient to maintain order among modes.

Two non-amateur organizations commented negatively. The HomePlug Powerline
Alliance (HPPA), while not opposing the allocation, suggested that its Part
15 home wiring telecommunication devices operating in the 5 MHz range be
presumed to not cause interference to amateur operations and not have to
cease operation if interference is alleged. The ARRL called HPPA's request
"absurd."

The Power Line Communications Association (PLCA) said the FCC should not
grant the 5-MHz band request because amateurs could interfere with its
planned deployment of Part 15 broadband devices operating in the same
region. "No Part 15 device manufacturer is entitled to oppose an allocation
to a licensed radio service based on future deployment of an unlicensed
device, period," the League said in its reply comments.

Many more negative comments were received regarding the proposed 136-kHz
low-frequency allocation, most of them from utilities that employ unlicensed
Part 15 power line communication (PLC) systems. The ARRL reiterated its
request for 200 W PEP power-output limitation but in no case greater than 2
W equivalent isotropically radiated power (EIRP) on 136 kHz. The League also
asked the FCC to reconsider granting an amateur allocation at 160 to 190 kHz
as it had requested in its initial petition.

The League also took a dim view of a suggestion by the IEEE Local and
Metropolitan Area Network Standards Committee that Part 15 devices operating
in the 2.4 GHz region enjoy a "safe harbor" of operation. The ARRL reminded
the FCC that such Part 15 devices have "no allocation status at all."

The ARRL's comments and reply comments urged the FCC to immediately
implement the three proposals. "The Commission cannot make allocation
decisions based on non-technical assertions of Part 15 users or user groups
or manufacturers of such devices," the ARRL said. "ARRL contends that
compatibility between amateur uses in the subject bands and those of
incumbents is not a substantial concern in any of the three cases."