• Permit the use of smart antennas with 2.4 GHz spread spectrum devices;
• Modify the replacement antenna restriction for Part 15 unlicensed devices;
• Modify the equipment authorization procedures to provide more flexibility to configure transmission systems without the need to obtain separate authorization for every combination of system components;
• Harmonize the measurement procedures for digital modulation systems authorized pursuant to Section 15.247 of the rules with those for similar U-NII devices authorized under Sections 15.401 - 15.407;
• Modify the channel spacing requirements for frequency hopping spread spectrum devices in the 2.4 GHz band in order to remove barriers to the introduction of new technology that uses wider bandwidths; and
• Clarify the equipment authorization requirements for modular transmitters.

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HISTORIC RULE MAKING ON UWB TECHNOLOGY
FEBRUARY 14, 2002

FOR IMMEDIATE RELEASE NEWS MEDIA CONTACT:
February 14, 2002 David Fiske at (202) 418-0513

NEW PUBLIC SAFETY APPLICATIONS AND BROADBAND INTERNET ACCESS AMONG USES ENVISIONED BY FCC AUTHORIZATION OF ULTRA-WIDEBAND TECHNOLOGY

Washington, D.C. – The Federal Communication Commission (FCC) adopted today a First Report and Order that permits the marketing and operation of certain types of new products incorporating ultra-wideband ("UWB") technology. UWB technology holds great promise for a vast array of new applications that have the potential to provide significant benefits for public safety, businesses and consumers in a variety of applications such as radar imaging of objects buried under the ground or behind walls and short-range, high-speed data transmissions.

UWB devices operate by employing very narrow or short duration pulses that result in very large or wideband transmission bandwidths. With appropriate technical standards, UWB devices can operate using spectrum occupied by existing radio services without causing interference, thereby permitting scarce spectrum resources to be used more efficiently. This First Report and Order ("Order") includes standards designed to ensure that existing and planned radio services, particularly safety services, are adequately protected. The FCC will act vigorously to enforce the rules and act quickly on any reports of interference.

The standards adopted today represent a cautious first step with UWB technology. These standards are based in large measure on standards that the National Telecommunications and Information Administration ("NTIA") believes are necessary to protect against interference to vital federal government operations. Since there is no production UWB equipment available and there is little operational experience with the impact of UWB on other radio services, the Commission chose in this First Report and Order to err on the side of conservatism in setting emission limits when there were unresolved interference issues. The Commission intends within the next six to twelve months to review the standards for UWB devices and issue a further notice of proposed rule making to explore more flexible standards and address the operation of additional types of UWB operations and technology.

The Order establishes different technical standards and operating restrictions for three types of UWB devices based on their potential to cause interference. These three types of UWB devices are: 1) imaging systems including Ground Penetrating Radars (GPRs), wall, through-wall, medical imaging, and surveillance devices, 2) vehicular radar systems, and 3) communications and measurement systems.

• Imaging Systems: Provides for the operation of GPRs and other imaging devices under Part 15 of the Commission's rules subject to certain frequency and power limitations. The operators of imaging devices must be eligible for licensing under Part 90 of our rules, except that medical imaging devices may be operated by a licensed health care practitioner. At the request of NTIA, the FCC will notify or coordinate with NTIA prior to the operation of all imaging systems. Imaging systems include:

Ground Penetrating Radar Systems: GPRs must be operated below 960 MHz or in the frequency band 3.1-10.6 GHz. GPRs operate only when in contact with or within close proximity of, the ground for the purpose of detecting or obtaining the images of buried objects. The energy from the GPR is intentionally directed down into the ground for this purpose. Operation is restricted to law enforcement, fire and rescue organizations, to scientific research institutions, to commercial mining companies, and to construction companies.

Wall Imaging Systems: Wall-imaging systems must be operated below 960 MHz or in the frequency band 3.1-10.6 GHz. Wall-imaging systems are designed to detect the location of objects contained within a "wall," such as a concrete structure, the side of a bridge, or the wall of a mine. Operation is restricted to law enforcement, fire and rescue organizations, to scientific research institutions, to commercial mining companies, and to construction companies.

Through-wall Imaging Systems: These systems must be operated below 960 MHz or in the frequency band 1.99-10.6 GHz. Through-wall imaging systems detect the location or movement of persons or objects that are located on the other side of a structure such as a wall. Operation is limited to law enforcement, fire and rescue organizations.

Medical Systems: These devices must be operated in the frequency band 3.1-10.6 GHz. A medical imaging system may be used for a variety of health applications to "see" inside the body of a person or animal. Operation must be at the direction of, or under the supervision of, a licensed health care practitioner.

Surveillance Systems: Although technically these devices are not imaging systems, for regulatory purposes they will be treated in the same way as through-wall imaging and will be permitted to operate in the frequency band 1.99-10.6 GHz. Surveillance systems operate as "security fences" by establishing a stationary RF perimeter field and detecting the intrusion of persons or objects in that field. Operation is limited to law enforcement, fire and rescue organizations, to public utilities and to industrial entities.

• Vehicular Radar Systems: Provides for the operation of vehicular radar systems in the 24 GHz band using directional antennas on terrestrial transportation vehicles provided the center frequency of the emission and the frequency at which the highest radiated emission occurs are greater than 24.075 GHz. These devices are able to detect the location and movement of objects near a vehicle, enabling features such as near collision avoidance, improved airbag activation, and suspension systems that better respond to road conditions.

• Communications and Measurement Systems: Provides for use of a wide variety of other UWB devices, such as high-speed home and business networking devices as well as storage tank measurement devices under Part 15 of the Commission's rules subject to certain frequency and power limitations. The devices must operate in the frequency band 3.1-10.6 GHz. The equipment must be designed to ensure that operation can only occur indoors or it must consist of hand-held devices that may be employed for such activities as peer-to-peer operation.

Action by the Commission February 14, 2002, by First Report and Order (FCC 02-48). Chairman Powell, Commissioners Abernathy, Copps and Martin, with Commissioners Abernathy, Copps and Martin issuing separate statements.

Staff Contacts for First Report and Order:
Julius Knapp, Telephone: (202) 418-2468, E-mail: JKNAPP@fcc.gov or
John Reed, Telephone: (202) 418-2455, E-mail: JREED@fcc.gov
ET Docket No. 98-153

SEPARATE STATEMENT OF COMMISSIONER
MICHAEL J. COPPS

RE: Revision of Part 15 of the Commission's Rules Regarding Ultra-Wideband Transmission Systems (ET Docket No. 98-153)

I believe that ultra-wideband ("UWB") technologies are destined to play a significant role across America's communications landscape. UWB devices will save firefighters' and policemen's lives, prevent automobile accidents, assist search-and-rescue crews in seeing through the rubble of disaster sites, enable broadband connections between our home electronics, and allow exciting new forms of communications in the years ahead. Indeed, the U.S. Government already uses UWB extensively to make our soldiers, airport runways, and highway bridges safer, and so much more is on the horizon.

But opinion differs greatly on the interference effect of the widespread use of UWB technologies by the public. If interference does occur, it could conceivably affect critical government and non-government spectrum users. Our national defense and several safety-of-life systems depend on bands that have the potential to be impacted by UWB devices.

Because the effects of widespread use of UWB are not yet fully known, and interference could impact critical spectrum users, I will support, albeit somewhat reluctantly, the ultra-conservative ultra-wideband step we take today. The limits we place on UWB are designed to reduce the interference risks associated with the technology to levels far, far below those placed on technologies that place energy into narrower portions of the spectrum. These limits are intentionally at the extreme end of what FCC engineers – the best spectrum engineers in the country – believe necessary. They were agreed to because of the unique and novel impact of this technology, and should not be taken as precedent for any other interference dispute – involving other Part 15 devices, government bands, or other new technologies.

I strongly support the Commission's decision to initiate a further NPRM within 6 to 12 months. My hope is that we can phase in this exciting new technology with some sense of urgency, proceeding through the conduct of expeditious step-by-step authorizations from the Commission for applications that are waiting in line. We owe it to our citizens and our businesses to determine, just as quickly as we prudently can, whether we can loosen the ultra-conservative restrictions we put in place today. So I urge all parties, especially our government colleagues, to start collecting data immediately so we can have as much data as possible, including information about their own use of UWB and how UWB effects their other uses of the spectrum, in a timely manner.

Delay, even when advisable, still has costs. If we find that our rules are too restrictive and we fail to correct them promptly, the price may be that the United States loses its leadership role in ultra-wideband. The technology could easily move overseas, where, I wager, would-be competitors are only too eager to get a step ahead of the USA. Let's be cognizant, too, of the need to proceed so as to inflict minimal harm on U.S. commercial interests. Some companies may be seriously inhibited by the limitations being announced. We should not expect that they can afford to stand patiently by while testing and approval proceeds at glacial pace. I hope that all of us, whether in government or the private sector, will approach our nation's deployment of ultra-wideband with the sense of urgency that it so clearly merits.

Finally, I want to welcome Ed Thomas to the FCC. He started with ultra-wideband – a trial by fire! I look forward to working with you. I also want to thank Julie Knapp and the whole OET team for their dedication and hard work on this item. Lots of weekends and late nights went into this Order. Thank you.

SEPARATE STATEMENT OF COMMISSIONER
KEVIN J. MARTIN

RE: Revision of Part 15 of the Commission's Rules Regarding Ultra-Wideband Transmission Systems, First Report and Order (ET Docket No. 98-153-).

Spectrum management decisions are always complex and challenging. In an environment where the amount of unencumbered spectrum is decreasing while demand continues to grow, it is even more critical we make interference and sharing decisions that do not waste this precious natural resource. Inevitably, we will depend more and more on sharing the spectrum currently available to avoid such waste. Sharing decisions are made particularly difficult in the context of the "fiefdom" mentality that seems to characterize players who fervently guard their spectrum "turf," regardless of whether additional use can be accommodated. Unfortunately, the result is often unrealized potential that can never be recaptured.

I am excited that ultrawideband technology, which operates at powers 10,000 times lower than PCS handsets, will allow us to take sharing to new levels, and help avoid such waste. These sophisticated applications can potentially co-exist with spectrum users in any frequency, while promising a host of exciting military, public safety, medical and consumer uses. Firefighters, police officers and emergency personnel can make use of this technology to detect and image objects that are behind walls, buried underground or even inside the human body. Automotive applications such as collision avoidance and improved airbag mechanisms will have a direct consumer safety impact. Consumers also stand to benefit from enhanced laptops, phones, video recorders, and personal digital assistants that can wirelessly send and receive streams of digital video, audio and data.

Most importantly, ultrawideband challenges the notion that use of particular frequencies or bands is necessarily mutually exclusive. In defiance of our traditional allocation paradigm that often forces us to pick "winners and losers" in the face of competing demands, this technology seems to allow more winners all around.

I am disappointed that we did not, at this time, adopt more flexible limits that may have allowed for even more widespread use of this technology. I look forward to re-examining the technical parameters established in this order once we have more data that will address the interference concerns expressed by NTIA.

I am optimistic that future technological developments will provide the Commission with more such opportunities to insist on increasingly efficient use of current spectrum. Ultimately, the amount of available spectrum and our ability to use it is perhaps limited only by technology. Today, however, we must act rationally to make the best choices within the spectrum constraints that face us now.

SEPARATE STATEMENT OF COMMISSIONER
KATHLEEN Q. ABERNATHY

(not yet available)

• Allocated the 216-220 MHz band to the fixed and mobile services on a co-primary basis. This action elevates the Low Power Radio Service (LPRS) from secondary to primary status in the 216-217 MHz band and provides existing licensees in the Automated Maritime Telecommunication System (AMTS) with additional flexibility, but does not alter the status of the 218-219 Service, which already operates on a primary basis in this spectrum. Additionally, both Government and Non-Government telemetry incumbents will be grandfathered on a secondary basis in the 216-220 MHz band and new secondary telemetry operations will be permitted in the 217-220 MHz portion of the band.
  
  
• Allocated the 1390-1392 MHz band to the fixed-satellite service (Earth-to-space) and the 1430-1432 MHz band to the fixed-satellite service (space-to-Earth) on a primary basis. The use of these allocations will be limited to feeder links for non-voice, non-geostationary mobile-satellite service (NVNG MSS; generally known as Little LEOs) and is contingent on the adoption of a similar international allocation and other constraints.
  
  
• Allocated the 1390-1392 MHz band to the fixed and mobile (except aeronautical mobile) services on a co-primary basis, having determined that these services can successfully share spectrum with the Little LEO feeder uplinks. This band will be available on an unpaired basis.
  
  
• Shifted the Wireless Medical Telemetry Service (WMTS) allocation from 1429-1432 MHz to 1427-1429.5 MHz as requested by the American Hospital Association. This shift will provide additional separation from high powered land mobile operations and increase available spectrum capacity for this service. The Order maintained the secondary status of non-medical telemetry systems in this band. The Order also elevated telemetry to primary status in the 1429.5-1432 MHz band.
  
  
• Allocated the 1392-1395 MHz band and the 1432-1435 MHz band to the fixed and mobile (except aeronautical mobile) services on a co-primary basis. These bands will be available on a paired basis.
  
  
• Allocated the 1670-1675 band to the fixed and mobile (except aeronautical mobile) services on a co- primary basis and the 2385-2390 MHz band to the fixed and mobile services on a co-primary basis. These bands will be available on an unpaired basis.
  
  
• Deleted primary Federal Government allocations from the transfer bands, except in the mixed-use bands (216-220 MHz and 1670-1675 MHz), where a limited number of stations will be grandfathered indefinitely. In the exclusive non-Federal Government bands (1390-1395 MHz, 1427-1429 MHz, and 2385-2390 MHz), a limited number of sites are temporarily grandfathered pursuant to the terms of reallocation from the Federal Government. Federal agencies will not add new primary stations in any of the transfer bands. In the bands 1432-1435 MHz and 2385-2390 MHz, non-grandfathered Federal Governments stations will retain their primary status until relocated in accordance with the Strom Thurmond National Defense Authorization Act of Fiscal Year 1999 and forthcoming rules and procedures to be issued by the National Telecommunications and Information Administration (NTIA).