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25th Anniversary of FCC Decision Enabling Wi-Fi and Bluetooth

25th Anniversary of FCC Decision Enabling Wi-Fi and Bluetooth
A series of posts describing how this all came about. (Click on picture above)

Friday, July 31, 2009


Cellular Industry on
Driving and Safety

This post has several excerpts from cellular industry websites. They were all downloaded July 31. If they are hard to read, click on them for a larger version. The top post from the CTIA site says

Safe Driving

CTIA Position

When it comes to using your wireless device behind the wheel, CTIA-The Wireless Association® and the wireless industry believe that safety should always be every driver’s top priority.

Wireless devices are one of the best safety tools drivers can have on the road. Everyday more than 290,000 calls are made from wireless devices to 911 or other emergency services. That’s about 200 calls every minute. More Americans are using their wireless device to report emergencies, prevent crimes and to save lives. While mobile phones can be important safety tools, there’s an appropriate time and an inappropriate time to use them.

On July 29, CTIA issued the following statement:

CTIA–The Wireless Association® Statement on Texting While Driving


July 29, 2009

WASHINGTON, DC
CTIA - The Wireless Association® President and CEO Steve Largent issued the following statement on texting while driving:

“CTIA and our member companies continue to believe text messaging while driving is incompatible with safe driving.

“We support state legislative remedies to solve this issue. But simply passing a law will not change behavior. We also need to educate new and experienced drivers on the dangers of taking their eyes off the road and hands off the wheel.

“CTIA and our members have been working to educate all drivers on the dangers of distracted driving for years now and we hope that people continue to learn more.”

For more information on texting while driving, please visit: www.ctia.org/consumer_info/safety/index.cfm/AID/10369
(Amusingly, as of this writing the indicated link "for more information" just points to a list of all CTIA press releases including this one.) So CTIA is now in favor of laws banning texting while driving. Where are they on laws about cell phone use while driving? Still "neutral"?


Here is an excerpt from the "Safe Driving Brochure" on the CTIA website. It advises not to "take notes or look up numbers while driving". It also advises you to place calls "before pulling into traffic" - does that mean while you are moving?












For reference on major industry players, here is what T-Mobile's website says about driving and cell phone use. Paralleling CTIA it says, "Dial sensibly, place calls when not moving or before pulling into traffic."












Verizon Wireless is more proactive. They announce their support of antitexting legislation. They also state,
"Verizon Wireless broke from the rest of its competitors in the U.S. wireless industry by supporting state-wide hands-free driving laws as early as 2000. Since then, Verizon Wireless has been the only wireless company supporting bans on texting and e-mailing while driving."
So congratulations to VZW for its responsible position on safety.

Wednesday, July 29, 2009

Aftermath of
RCR Meltdown



I reported in March that RCR Wireless was being shut down due to economic conditions. The publisher was a family-owned company that had its roots in the automotive manufacturing news letter business and oddly decided to focus its resources on its original core business - shutting down several other trade newsletters at the same time.

Today I got an "RCR relaunch survey" that announced the return of this well respected news letter. The new website has an article on the new developments:

AUSTIN, TX – July 16, 2009 -- Arden Media Company announces the September 1 re-launch of RCR Wireless News with the appointments of Editors Tracy Ford and Dan Meyer.

Ford and Meyer, both of whom are industry experts known for their thoughtful reporting, continue a tradition of excellence begun in their previous capacities.

Ford, who started with the former RCR Wireless News in 1990 and was most recently its associate publisher and editor, is responsible for overall editorial direction.

Meyer, previously managing editor of RCR Wireless News before Arden Media purchased the former publishing company, is the primary contact for all editorial content.

Arden Media recently acquired RCR Wireless News which ceased publication in March 2009. "We are thrilled to re-establish connection with our readers and advertisers as we carry out our mission to connect technology companies with customers and talent," said Jeff Mucci, CEO of Arden Media and co-publisher of RCR Wireless News. ...
Jeff Silva - former Washington chief of RCR

I also heard today that Jeff Silva, well known and respected for his Washington reporting in RCR, recently started a new job at Medley Global Advisors, LLC a "leading macro policy intelligence service for the world's top hedge funds, investment banks, and asset managers".

A press release from Medley states:
Medley Global Advisors, LLC (MGA) ... has hired ... Jeffrey Silva as senior policy director for telecommunications, media and technology.

Jeffrey Silva has been a leading telecom-high tech policy reporter and commentator for more than two decades, serving most recently as Washington Bureau Chief of RCR Wireless News, where he reported on telecom and high-tech policy matters pending before Congress, the Federal Communications Commission, the administration, courts, state governments and state regulatory agencies. Mr. Silva was national co-winner of the American Society of Business Publication Editors' Silver Award for government coverage in 2003. Previously, Mr. Silva had stints with The Washington Post, The Washington Times, The Springfield (Va.) Times, the National Captioning Institute and the Voice of America. He holds a B.S. cum laude in Communications from the University of Tennessee.

So congratulations to Jeff for landing on his feet after a few months and we look forward to RCR's return!

Friday, July 24, 2009


A Credible Inspector General
Would Make
FCC More Credible

I wrote in January about longstanding problems with the FCC Inspector General. Under existing legislation he has the same responsibilities as IGs of other agencies, even though as the IG of a small agency he is not confirmed by the Senate.

Previous FCC IGs
have all been long term FCC employees who appear to have been selected by the Chairman for their ability/willingness "not to shake the boat". Thus they have consistently turned a blind eye to any problems within FCC that might reflect poorly on the 8th Floor. (Part of the IG's job is oversight of the multibillion dollar Universal Service Fund and I am not referring to those issues.)

In the January post I showed how other agencies' IGs have improved their credibility by pointing out problems and asking hard questions. I suggested that the new team break with the past and appoint as FCC IG an experienced and respected IG staffer from a larger agency. The FCC IG job is now vacant and I hope that others can now support the call for an independent outside for this important job.

While an effective IG might find problems, his statements that something is OK would also be very credible and he could help protect FCC staffers from types of abuse that were common in recent years.

Sunday, July 19, 2009

Unintended Consequences

The cellular industry brought up the concept of "unintended consequences" in trying to say - without justification - that jamming of prison cellphones would inevitably result in interference to others and adverse impacts on public safety.

While the US cellphone industry has made tremendous achievements in promoting public safety and has had a large economic impact, it consistently turns a blind eye to its own unintended consequences - be they impacts on traffic safety, prisoner use of cell phones, obnoxious usage of cell phones in public areas, or questions of safety from RF exposure. Think how many ads you have seen from the alcoholic beverage industry advocating safe use of its products and keeping them away from teenagers. How many ads have you seen from the cellular industry advocating responsible use of its products?

Today's New York Times has a front page article, covering about a third of the front page in fact as shown at left, entitled "Dismissing Risks of a Deadly Habit".

The article focuses on legislative inaction on this issue, but let me explore industry inaction since I am really a big believer in deregulation. The article has this comment about actions by one big player:
"Verizon Wireless, for instance, posts instructions on its Web sites not to talk while driving — with or without a headset. But neither Verizon nor any other cellphone company supports legislation that bans drivers from talking on the phone. And the wireless industry does not conduct research on the dangers, saying that is not its responsibility."
Here's a quote about CTIA:
"The association (CTIA), a trade group, fought rules to ban phone use while driving until January, when it shifted to a neutral position on the issue. 'I wouldn’t say, ‘Talk on the phone more and have fewer accidents,’ ' Mr. Walls added. 'I’m just saying, ‘How does this square?’ ' "
...
For its part, the cellphone industry trade group said it had dropped its objection to restricting cellphone use by drivers — it now is neutral on the subject — because it decided the industry should play no role in trying to shape public policy on the issue. “The change came after we had an epiphany that, if you will, we’re in the business of providing service, and how they use that service is at their discretion,” said Mr. Walls, the industry spokesman.


Faithful readers may recall hearing from Mr. Walls, Vice President, Public Affairs of CTIA, previously here on the inevitable unintended consequences of prison jamming. (Current CTIA position on "safe driving".)


The Times included on their website a video with useful background information to the cellphone driving controversy.
(Click on photo above to see video.)
Frankly, all technologies have some unintended consequences - especially if we are not careful to anticipate them and address them. Let's hope the cellular industry sees the errors of its ways and finds something more constructive to do than to maintain a neutral stance on cell phone use while driving. They might also want to address the issue of the recent MBTA (Boston subway) accident that injured 49 people that was caused by the operator texting while driving!

I recall that when I returned from Japan in 1999, Chairman Kennard wanted to publicly post at the FCC website SAR data for individual cellphone models that showed how much RF radiation each transmitted into the user's body. The UK had recently adopted such a policy at the time. The industry lobbied strongly against such action, even though the data was already in the FCC website in obscure places. Fortunately Chairman Kennard decided to go ahead and the information is now readily available for the public.

The cell phone industry is probably more concerned about cell phone jamming in schools, theaters, and restaurants where cell phone use is merely obnoxious than they are about jamming in prisons where it is dangerous. Recently FCC gave up on permitting cell phone use in airplanes where it is technically possible (despite FAA paranoia) because of public backlash about how obnoxious it could become. Wake up cellular industry - obnoxious cell phone use is a real threat to industry growth and the public forces that blocked airplane use may someday lead to something like the French law that explicitly permits jamming in both prisons and theaters.

Hopefully the cell phone industry can look to the alcoholic beverage industry for some lessons on civic responsibility.

UPDATE - It Get's Worse

On 7/20 NY Times had a new article that starts:

Driven to Distraction
U.S. Withheld Data Showing Risks of Distracted Driving

In 2003, researchers at a federal agency proposed a long-term study of 10,000 drivers to assess the safety risk posed by cellphone use behind the wheel.

They sought the study based on evidence that such multitasking was a serious and growing threat on America’s roadways.

But such an ambitious study never happened. And the researchers’ agency, the National Highway Traffic Safety Administration, decided not to make public hundreds of pages of research and warnings about the use of phones by drivers — in part, officials say, because of concerns about angering Congress.

Original NHTSA Documents on Cell Phone Safety in Cars Obtained by FOIA Request




7/22 New York Times editorial

The Truth About Cars and Cellphones

An excerpt:

"The (NHTSA) researchers had rightly proposed a warning to state governors about the initial finding that laws mandating the use of hands-free devices did not solve the problem. The conversation is the distraction. This is a finding since confirmed by other studies that show a driver on the phone is four times as likely to crash as other drivers, and is comparable to someone with 0.08 blood-alcohol content, the threshold for drunken driving.

Six years later, the Transportation Department advises drivers to avoid cellphones except in emergencies. But far too many Americans now consider phoning while driving to be standard behavior. The department estimates that roughly 12 percent of drivers are on the phone at any given time — twice the estimate of its own researchers when their effort to document the risks was rebuffed."

Driven to Distraction
Texting Raises Crash Risk 23 Times, Study Finds


NY Times 7/27/09
Excerpt:

The first study of drivers texting inside their vehicles shows that the risk sharply exceeds previous estimates based on laboratory research — and far surpasses the dangers of other driving distractions.

The new study, which entailed outfitting the cabs of long-haul trucks with video cameras over 18 months, found that when the drivers texted, their collision risk was 23 times greater than when not texting.









Friday, July 17, 2009

Harold Feld and I Usually Agree on Spectrum Issues

But He Is Wrong on the Prison Jamming Issue

Harold Feld is legal director of Public Knowledge. Until 2009, he was Senior Vice President of the Media Access Project (MAP), a non-profit, public interest telecommunications law firm that promotes the public's First Amendment right to hear and be heard on the electronic media of today and tomorrow. He often represents a variety of liberal groups dealing with spectrum and media access issues, including New America Foundation - a long time client. We usually agree on all spectrum issues. Readers may recall that his video's have appeared - and will continue to appear - in the "YouTube FCC Film Festival" corner of this blog

But recently Harold posted an entry on his blog and coauthored a letter to Congress on the prison cell phone jamming issue. The blog post is entitled "CellAntenna Scam Continues To Gain Momentum — Bummer" (CellAntenna is a manufacturer of cell phone jammers - illegal at present - and a vocal proponent for their use).

Let me say that I have no connection at all with CellAntenna other than having spoken to one of their employees once over the phone. I am working with the South Carolina Department of Corrections on seeking FCC approval of jamming in prisons under conditions that would prevent interference to others. (For those who say jamming is illegal under the 1934 Act, read the petition to see why the FCC has the authority to allow jamming.)

Is CellAntenna involved in a scam? Their apparent ongoing sale of illegal equipment, if verified, would indicate questionable morals. Some of their technical claims seem questionable. Since cell phone jamming is illegal at present, legitimate firms are not active in the area. I believe that legalization with firm and strict rules will clean up the scene and questionable behavior. Of course, FCC enforcement will be needed - something that has been scarce in the recent history.

But the real issue here is CTIA's repeated allegation that prison jamming would inevitably cause "unintended consequences" which is just as unjustified as much as some of CellAntenna's claim. However, I do fully agree that poorly implemented jamming is very dangerous.

Read the South Carolina petition that has now been signed by 28 states for a detailed discussion of the problem and a proposed solution that tries to balance all competing interests. It would not allow jammer sales in Radio Shack. It would draw a clear bright line between prison jamming and jamming in schools, restaurants, and theaters where cell phone use is merely obnoxious not dangerous. (Why doesn't CTIA ever do anything to discourage such obnoxious cellphone use?)

Harold and others place much credence is a comment made in a Wired magazine article
"There are also technical shortcomings: A few layers of tinfoil can shield a phone from the jamming signal."
I am not saying that this is impossible under all circumstances, but theory tells us that it is probably something that will only work on rare occasions and that the geometry of the "tinfoil" will have to change as objects in the area move and change the RF field at the cell phone in question.

The letter to Congress states,
"Cell phone providers can already adjust cell phone networks so that only authorized handsets can connect to the network. This practice, known as 'white listing,' will prevent any contraband phone from functioning without causing any interference to wireless systems. "
CTIA's Steve Largent made the same point at the Senate hearing this week. I haven't heard any proposals about how this will be financed and when CTIA members will offer it to at least prisons with large buffer areas around them.

Prison jamming is not a panacea. It will not solve all cell phone prison problems. It is not even possible in some prisons due to their size and location. But the cell phone use in prison problem is a major issue endangering public safety. Until better solutions are developed, given the real budgets of prisons, jamming will be a useful tool where it can be safely used.



Thursday, July 16, 2009

Ruth Milkman ==> WTB



Chairman Genachowski's wireless team is coming into place now with the following announcement today:

Today, Federal Communications Commission Chairman Julius Genachowski announced four members of the senior leadership of the Wireless Telecommunications Bureau, who will join the other senior staff in WTB. The announcement includes: Bureau Chief Ruth Milkman, Senior Deputy Chief James Schlichting, Deputy Chief Renee Roland Crittendon, and Deputy Chief John S. Leibovitz.

“This bureau will play a pivotal role in promoting innovation, competition, job creation and investment in the wireless sector,” said Chairman Genachowski. “I am delighted to have a Wireless Telecommunications Bureau team with the expertise to help seize the opportunity for the United States to lead the world in mobile communications.”

Chief, Wireless Telecommunications Bureau, Ruth Milkman: Ms. Milkman is currently Special Counsel, leading the transition effort in the Chairman’s office. Ms. Milkman served at the Commission between 1986 and 1998 in a variety of positions, including Deputy Chief of the International and Common Carrier Bureaus, and Senior Legal Advisor to Chairman Reed Hundt, with responsibilityfor wireless issues and spectrum policy. Ms. Milkman also was a partner at Lawler, Metzger, Milkman & Keeney, LLC in Washington, D.C. She began her legal career as a law clerk to the Honorable J. Harvie Wilkinson of the U.S. Court of Appeals for the Fourth Circuit.

Senior Deputy Chief, Wireless Telecommunications Bureau, James Schlichting: Mr. Schlichting has been at the FCC for nearly 24 years, most recently as Deputy Chief and Acting Chief of WTB, and previously as Deputy Chief of the Office of Engineering and Technology, Deputy Chief of the Common Carrier Bureau, Chief of the Pricing Policy Division in the Common Carrier Bureau, and Chief of the Policy and Program Planning Division of the Common Carrier Bureau. Prior to joining the FCC, Mr. Schlichting practiced communications law at Wilmer, Cutler & Pickering. He began his legal career as a law clerk to the Honorable Luther M. Swygert and Philip W. Tone of the U.S. Court of Appeals for the Seventh Circuit.

Deputy Chief, Wireless Telecommunications Bureau, Renee Roland Crittendon: Ms. Crittendon has been at the FCC for eight years. She most recently served as Chief of Staff and Senior Legal Advisor in the Office of Commissioner Jonathan S. Adelstein where she was responsible for spectrum, broadband, international and public safety issues. Before joining the Commissioner’s office in 2007, Ms. Crittendon served as Deputy Bureau Chief in the Wireline Competition Bureau. Prior to that, she was Chief of the Wireline Bureau’s Competition Policy Division. Ms. Crittendon also served as Associate Division Chief of the MobilitDivision of the Wireless Telecommunications Bureau. Before joining the Commission, Ms. Crittendon served as Deputy Chief Counsel –Telecommunications for Prism Communication Services, Inc, and was in private practice with a Washington, D.C. law firm specializing in media, wireline and satellite issues.

Deputy Chief, Wireless Telecommunications Bureau, John S. Leibovitz: Mr. Leibovitz was a staff member on the Presidential Transition Team, where he helped to coordinate the Technology, Innovation, and Government Reform working group. Prior to the transition, Mr. Leibovitz worked as an entrepreneur and strategy consultant in the telecommunications industry, with an emphasis on the wireless sector. He started his business career with McKinsey& Company, in New York. He has written about technology and communications policy in the Yale Law Journal and the Yale Journal of Law and Technology.
Another interesting appointment is

Managing Director, Steven VanRoekel: Mr. VanRoekel has over 18 years of Information Technology and management experience and was most recently a top executive in the Windows Server and Tools division at Microsoft Corporation. Mr. VanRoekel held various positions in his 15 years at Microsoft, including managing Microsoft’s cross-industryWeb Services team and serving as Speech and StrategyAssistant to Bill Gates. Mr. VanRoekel alsoassisted Mr. Gates in his transition from CEO of Microsoft to Chief Software Architect and advised the Bill and Melinda Gates Foundation on its shift in giving philosophyfrom a focus on technologyto a focus on world health. While at Microsoft, Mr. VanRoekel was awarded numerous honors for management and marketing excellence, including Microsoft’s Redmond Manager of the Year, and consumer marketing awards, including “Best in Show” at the Consumer Electronics Show for the use of innovative marketing and new media.
The Office of the Managing Director has been a backwater of incompetence that has badly affected the whole FCC for years. It essentially has no policy responsibility but provides the infrastructures for the FCC. Thus it manages the website and the internal computer network such as the ECFS system we use for filing and reviewing comments. It is responsible for personnel issues and has hindered effective recruiting of engineers for years. I hope Mr. Van Roekel, having come from the real world, can clean up this mess.

Wednesday, July 15, 2009

How About a Spectrum Policy Backlog Inventory?

There is a lot of talk about legislation to mandate a "spectrum inventory" by FCC and NTIA to help liberate more spectrum for immediate use. But why not first inventory all the non-DTV Title III policy proceedings that have been gathering dust in 12th St., SW due first to the previous chairman's disinterest in spectrum policy and more recently to the interregnum and the focus on DTV transition? Some examples are AWS-3, removing wireless mics from the 700 MHz band that was auctioned to others, finding a long term home for the presently illegal nonbroadcast wireless mics, TV whitespace reconsideration, etc.

There are lots of agenda items in this backlog. My suggestion to the new team is to count them all up, make a schedule for eliminating the backlog, and post online a tracking systems that shows how many items are acted on as a function of time.

Monday, July 13, 2009







State Correctional Systems Unite,
Ask To Jam Cell Phone Signals


[From SCDC press release today]

Twenty-five other states, the Philadelphia Prison System and D.C. Department of Corrections have signed a S.C. Department of Corrections’ petition that asks the Federal Communications Commission for permission to jam cell phone signals in prisons. [UPDATE: with the addition of Texas, now 26 states.]

The petition was drafted with assistance from Michael Marcus, former associate chief for technology at the FCC, and was submitted today. It explains in technical terms how jamming can be carried out in prisons without interfering with any cell phone signals off of prison property.

The S.C. Department of Corrections hosted a successful demonstration of cell phone jamming technology in November, where members of the media and corrections professionals from around the country saw that surgical jamming technology works: phones inside a prison facility were rendered useless with no interference to phones outside of the facility or to law enforcement radios.

Unfortunately, FCC regulators refused to attend and have yet to even respond to the agency’s request to continue using it.

Jamming cell phone signals is outlawed by present FCC Rules. Already federal law enforcement agencies are exempt from the act’s prohibition.

Prisons, jails and detention centers need the same latitude. Incarcerated convicts are using smuggled cell phones to threaten and kill witnesses, deal drugs and continue other criminal enterprises from behind bars. While cell phone detection devices and search dogs are helpful, they are more expensive and less effective than jamming, they require too much manpower, and cover too little ground to effectively stop inmates in large prisons from using cell phones.

Critics of cell phone jamming in the wireless industry have said they want to work with prison officials to solve the problem. This petition addresses the industry’s concerns with signal interference outside prisons and includes mechanisms to measure and prevent signal disruption.

“Prison systems from every corner of this country, from Georgia to New York to California to South Dakota, have signed this petition,” S.C. Corrections Director Jon Ozmint said. “These are the people who understand prison best and who realize just how dangerous it is for an inmate to possess a cell phone. We hope that the FCC will take appropriate action to allow prisons to jam cell phones. But, if not we expect that Congress will eventually take such action. We only hope that they will do so before more innocent lives are lost.”

========

The petition includes the following proposals to prevent "unintended consequences" that would impact other users:

• Jamming should be subject to a license with strict eligibility requirements which require approval of a coordinator who verifies eligibility, coordinates with nearby CMRS licensees, and reviews the technical details of the proposed installation.

• Jamming must result in no harmful interference on any CMRS users outside the property of correctional facilities. Thus, there will be no impact on E-9-1-1 systems.

• Jamming must result in no harmful interference on any legal non-CMRS spectrum user anywhere - licensed or unlicensed.

• Strict technical standards and equipment authorization procedures should be implemented for all jamming equipment.

• The sale of jamming equipment must be strictly controlled and limited to state and local governments with direct shipment of equipment from the manufacturer/importer to the FCC licensed correctional facility where it is to be used.

• Equipment must be permanently labeled with a warning of criminal penalties if used without a license and a requirement to return to manufacturer/importer for destruction.

• Eligibility requirements should be strict and preclude any "slippery slope" expansion. The cornerstone of Petitioners' proposed eligibility requirement is that the licensee must show that possession and use of cell phones within the area covered by jamming is illegal under state and/or local law. This distinction clearly differentiates correctional facilities from other locations where owners and managers might wish to block CMRS communications for various reasons.

Press coverage:
SC The State
AP
Wireless Week
Wired

Senate Committee on Commerce, Science & Transportation hearing 7/15/09

(Includes video of hearing)

Friday, July 10, 2009


Spectrum Inventory Bill Moving Through Congress






BroadbandCensus.com reports that The Senate Commerce Committee on Wednesday approved S. 649, the Radio Spectrum Inventory Act, which would give the NTIA and FCC 180 days to present Congress with a complete inventory of the radio frequencies that they manage from 300 Megahertz to 3.5 Gigahertz.

The key provision of the bill is a new Section 342 of the Communications Act that would read:

      (a) Radio Spectrum Inventory- Not later than 180 days after the date of enactment of this section, and biennially thereafter, the National Telecommunications and Information Administration and the Federal Communications Commission, in consultation with the Office of Science and Technology, shall carry out each of the following activities:
        (1) Conduct a report that includes an inventory of each radio spectrum band, from 300 Megahertz to 3.5 Gigahertz, managed by each such agency. Such report shall include--
          (A) the licenses or government user assigned in the band;
          (B) the total spectrum allocation, by band, of each licensee or government user (in percentage terms and in sum);
          (C) the number of intentional radiators and end-user intentional radiators that have been deployed in the band with each license or government user; and
          (D) if such information is available--
            (i) the type of intentional radiators operating in the band;
            (ii) the type of unlicensed intentional radiators authorized to operate in the band;
            (iii) contour maps that illustrate signal coverage and strength; and
            (iv) the approximate geo-location of base stations or fixed transmitters.

      CTIA immediately applauded this event. Not surprising since the Center for Responsive Politics reports that the following organizations are formally lobbying for this bill:

      Cellular Telecom & Internet Assn
      National Amusements Inc
      Verizon Communications
      Wireless Broadband Coalition
      National Cable & Telecommunications Assn
      Technology Assn of America
      Alcatel-Lucent
      AT&T Inc
      Broadwing Inc
      Consumer Electronics Assn
      Entergy Corp
      Lockheed Martin
      MetroPCS Communications
      I believe that more information on spectrum use is a long needed idea. My former FCC colleague, Paul Kolodzy, used to say during the Spectrum Policy Task Force/SPTF deliberations that the US spends more counting agricultural production like corn and cattle than spectrum even though spectrum continues more to the GDP.

      But let us look at the current bill and what it proposes to be accomplished in 6 months. For the FCC, (a)(1)(A) and (a)(1)(B) are already done and have been for decades. (a)(1)(C) involves information that is not presently available at FCC on end user equipment. How many mobiles units does police department x or taxi company y have? Note that to make the job of the CTIA membership easier, they no longer even report cell site information to FCC. So at FCC (a)(1)(C) will require a massive new data collection, often involving small businesses which hold radio licenses. Then we have radios that are "licensed by rule" such as boat and aircraft radios on noncommercial units. FCC doesn't even know who these "licensees" are, so counting them will be a real challenge. (Should we mention the wireless mic issue at UHF where 90% of the users are unlicensed and illegal under present rules?)

      Now in the case of NTIA much of the information is available in classified databases. The bill tries to deal with this in (b):
      (b) National Security Exemption- A licensee or government user of spectrum may petition the Commission or the National Telecommunications and Information Administration for a partial or total exemption from inclusion on the website and in the report required by subsection (a). Such an exemption may be granted only to the extent that each such agency determines that disclosure of such information would be harmful to the national security of the United States. The licensee or government user seeking an exemption under this subsection bears the burden of justifying the exemption and shall provide clear and convincing evidence to support such an exemption. Any such exemption shall apply only for 2 years and shall expire upon the end of such 2-year period unless the licensee or government user seeks and obtains an extension in accordance with this subsection. Any information that is excluded from public disclosure pursuant to this subsection shall still be compiled and reported to the Committees of Congress described in subsection (a)(4) on a confidential basis.
      Those of us use to how things work can images a huge paper pushing exercise at NTIA on how much could be declassified. Considering this problem has built up over decades, it is unlikely it will be resolved in 6 months.

      But what happens when the inventory is finished? Presumably CTIA and friends want to hunt for new spectrum to use for their industry. Fine enough. When can the spectrum be used? Presumably when it doesn't cause "harmful interference" to other users? What is "harmful interference"?

      CTIA and mainstream spectrum players such as broadcasters have consistently fought against FCC trying to elaborate on the current ambiguous definition of harmful interference. As "haves" and insiders the current ambiguities give them an upper hand where each issue is resolved in intensive 8th Floor lobbying. They do not want transparency.

      Another topic opposed by mainstream spectrum users is receiver standards. (Note that in this context, "standards" need not mean regulation but could mean minimum performance before one is entitled to protection.) Although it is not obvious to newcomers, it is well known in the spectrum field that "most spectrum is used by receivers not transmitters". So if and when the "inventory" is finished, we will all get into a new set of massive arguments about whether a proposed new spectrum use will cause "harmful interference" to some population of receivers that has some unknown immunity to nearby signals, adjacent channel signals, signals capable of causing receiver-generated intermodulation, etc.

      Finally, in the case of NTIA-controlled (Federal) Government spectrum, how do you decide if some could be used for new private uses? NTIA control is more nominal than real since in reality the NTIA management can not order more power agencies to spend their own money. This is the natural consequence of the moves by Presidents Nixon and Carter to move the Section 305 power of the President out of the White House to the Commerce Department and create NTIA. The present NTIA structure is just not up to the job.

      Congressionally mandated reallocations, e.g. 47 USC 923, could be tried again, but they have long term costs in creating a more hostile atmosphere between FCC and the IRAC members who really control most of the spectrum management decisions in the federal government. I believe that these previous actions poisoned the atmosphere and made NTIA/IRAC drag heir feet on other issues and probably stimulated FAA's unsuccessful endrun on both FCC and NTIA.

      So my bottom line is that the spectrum inventory will have little net success, other than employing K Street lawyers, unless it is accompanied by at least some progress in:
      1. clarifying "harmful interference",
      2. receiver standards, and
      3. NTIA/IRAC reform.
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