FCC Proposes Additional Wi-Fi Spectrum

16 May 2003

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
Wi_Fi 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.

Office of Engineering and Technology contact: Ahmed Lahjouji at (202) 418-2061

ET Docket No. 03-122

STATEMENT OF
CHAIRMAN MICHAEL K. POWELL

Re: Revisions to Parts 2 and 15 of the Commission's Rules to
Permit Unlicensed National Information Infrastructure (U-NII)
Devices; Notice of Proposed Rulemaking; ET Docket No. 03-122.

Our action today furthers twin goals of the Spectrum Policy Task
Force: promoting spectrum access and furthering development of
unlicensed technologies. Once the backwater of baby monitors and
cordless telephones, the unlicensed sector has developed into a
hotbed of growth and innovation. Earlier this week, I was privileged
to see first-hand the fruits of this entrepreneurial activity at the
Wireless Innovations Technology Showcase sponsored by the Commerce
and State Departments and the FCC. The innovators on display at the
Showcase are eager to run in new spectrum pastures - today we open a
large new field for these thoroughbreds of innovation.

The Notice proposes to make available an additional 255 MHz of
spectrum for unlicensed use - nearly doubling the amount of spectrum
available for unlicensed operations in the 5 GHz band. Moreover, we
propose to forego exclusive-use licensing, allowing market forces to
determine how the band will be used, and providing potential users
the greatest possible flexibility.

The Commission's action would not be possible without the assiduous
efforts of our colleagues at NTIA and the Department of Defense.
Assistant Secretary Victory and Deputy Assistant Secretary Price
demonstrated exceptional leadership in negotiating a compromise that
will allow unlicensed devices and military radars to share the 5 GHz
band. In this regard, our Office of Engineering and Technology, our
International Bureau and the commercial interests in this band also
deserve particular credit for shaping the compromise that is before
us today.

Our work is not yet complete, however. Our proposal does create the
possibility of aligning the frequency bands used for U-NII devices
domestically with those in other parts of the world, creating the
potential for economies of scale for equipment manufacturers and a
declining cost structure for consumers. But global harmonization is
not yet a reality. That task falls to Ambassador Obuchowski and her
fine WRC team, including Commissioners Copps and Abernathy. I am
optimistic about the prospects for global harmonization and look
forward to working with the delegation to move us closer to the dawn
of a new era of unlicensed wireless innovation at 5.8 GHz.

SEPARATE STATEMENT OF
COMMISSIONER KATHLEEN Q. ABERNATHY

Re: Revision of Parts 2 and 15 of the Commission's Rules to
PermitUnlicensed National Infrastructure (U-NII) Devices, Notice of
Proposed Rulemaking
ET Docket No. 03-122.

I believe that this NPRM serves two very important goals. First, it
begins the process of making available an additional 255 MHz of
spectrum for the growth and development of unlicensed wireless
broadband networks on a harmonized basis. Second, it is an example
of the Commission's commitment to move swiftly when acting on items
of national importance that are addressed at the World
Radiocommunications Conference (WRC).

More specifically, I believe that this item promotes the deployment
of broadband services via wi-fi technology. This will prove
tremendously valuable in promoting the core statutory goals of
broadband deployment and facilities-based competition. As I have
previously stated, the true key to achieving Congress's objective of
a deregulatory and procompetitive framework lies in moving beyond
duopoly towards a world where multiple facilities-based providers
compete in the broadband arena. Examining the provision of
additional spectrum for RLANs holds great promise in bringing us
closer towards fulfillment of that goal.

There is also significant benefit to internationally harmonizing
unlicensed bands where practicable and where it is in the public
interest. Unlicensed bands may be able to benefit from the scale and
scope that international harmonization can provide. Therefore, in
this NRPM the FCC is proposing to provide access to spectrum for
RLANs in frequency bands that are consistent with use in other parts
of the world. The ability of U.S. manufacturers to capture the
synergies of developing equipment in these frequency bands on a
global basis should result in lower costs to consumers and the
availability of increasingly innovative equipment.

Finally, I would like to applaud the staff for moving so quickly on
this item. By issuing this NPRM prior to the commencement of the
2003 WRC, the Commission will be in a position to move quickly on a
final order following the conclusion of the Conference. I look
forward to working on this issue while attending the WRC in Geneva.

STATEMENT OF COMMISSIONER
MICHAEL J. COPPS AND KEVIN MARTIN

Re: Revision of Parts 2 and 15 of the Commission's Rules to
Permit Unlicensed National Information Infrastructure (U-NII) devices
in the 5 GHz Band, Notice of Proposed Rulemaking, ET Docket No.
03-122.

We would like to commend the Bureau for making new spectrum
available for unlicensed services. This item reflects the important
agreement reached between NTIA, DOD, NASA, the FCC, and various
industry groups including the Wi-Fi alliance. The underlying
agreement demonstrates that hard work and public-private sector
cooperation can achieve great results.

Unlicensed services are already demonstrating their great
potential for consumers in other bands, from cordless phones to
wireless broadband connections, such as 802.11b and Bluetooth.. We
are particularly excited about the use of unlicensed networking
devices to serve rural America. We have now moved well beyond
demonstration projects, and unlicensed networks are bringing
broadband access to places that other services have left behind. We
are also hopeful that unlicensed operations will, as some have
suggested, eventually provide a last-mile application to connect
people's homes to the Internet, offering a real alternative to
telephone wires, cable, and satellite connections.

Finally, we want to note that this item will give the
American delegation to the WRC an important tool in promoting these
and other wireless applications around the globe. Thank you for your
hard work.

SEPARATE STATEMENT OF
COMMISSIONER JONATHAN S. ADELSTEIN

Re: Revision of Parts 2 and 15 of the Commission's Rules to
Permit Unlicensed National Information Infrastructure (U-NII)
Devices; Notice of Proposed Rulemaking; ET Docket No. 03-122.

The evolution of unlicensed wireless devices over the past decade has
been amazing. What was once the province of garage door openers,
baby monitors, and cordless phones now is also the home of wireless
LANs, hotspots, and cyber cafés.

I support this item because it continues the Commission's effort to
promote the development of unlicensed devices and services. The
tremendous growth of WiFi in the 2.4 GHz band was facilitated by the
licensing (or more appropriately the "unlicensing") approach
initially adopted by the Commission for this band. Our unlicensed
service rules allow manufacturers to develop technologies that anyone
can use without a license. In proposing to add spectrum in the 5.8
GHz band for unlicensed use, we must continue this regulatory
approach so that we encourage as many avenues as possible for
broadband and other important services to reach consumers, no matter
where they live.

My goal as a policymaker is to maximize the services and information
that flow over our airwaves. A regulatory framework for innovation
can provide the necessary conditions that support the growth and
development of spectrum-based services, including future use of the
5.8 GHz band. Such a framework functions in a manner akin to a
greenhouse, in which plants are protected from the elements by a
structure and are nurtured so that they can thrive on their own
within it.

I believe that in the NPRM adopted today, the Commission properly
strives for such an approach to spectrum management. We want to
build a structure that encourages the growth of the unlicensed
industries, but also controls the elements, like harmful interference
that may impact incumbent operators. The issue of harmful
interference is so important in this case because of the existing use
of the 255 megahertz by Department of Defense radar systems. I
applaud all of the parties who were involved in preparing the US
position on Agenda Item 1.5 at next month's World Radiocommunications
Conference, which also serves as blueprint for this NPRM.

Just as a greenhouse can support different types of plant forms, our
framework for the U-NII bands must do the same - it must be flexible
enough to accommodate all different kinds of technologies. Our
framework should not choose which technology will survive, and which
will not, but it must create an environment that allows the different
seeds of technology to truly have an opportunity to grow and develop
on their own. I believe that we have proposed such an approach here,
and I am optimistic that our framework for innovation will enable new
technologies in the unlicensed space to meet the public's demand for
broadband more efficiently.