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<title>SpectrumTalk Feed</title><link>http://www.marcus-spectrum.com/index.html</link><description>SpectrumTalk Blog Update</description><dc:language>en</dc:language><dc:creator>mjmarcus@marcus-spectrum.com</dc:creator><dc:rights>Copyright 2010 Michael Marcus</dc:rights><dc:date>2011-03-12T17:54:08-05:00</dc:date><admin:generatorAgent rdf:resource="http://www.realmacsoftware.com/" />
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<lastBuildDate>Sat, 12 Mar 2011 18:42:14 -0500</lastBuildDate><item><title>Sendai&#x2c; Japan - A Radio Technology Hub</title><dc:creator>mjmarcus@marcus-spectrum.com</dc:creator><category>None</category><dc:date>2011-03-12T17:54:08-05:00</dc:date><link>http://www.marcus-spectrum.com/Blog/files/Sendai.html#unique-entry-id-195</link><guid isPermaLink="true">http://www.marcus-spectrum.com/Blog/files/Sendai.html#unique-entry-id-195</guid><content:encoded><![CDATA[The tragedy of the Japan earthquake this week has focused attention on Sendai, a city not well known outside Japan.    Sendai is the home of Tohoku University.    (Tohoku means &ldquo;northeast&rdquo; and is the traditional name of the region where Sendai City is located.)    For readers of this blog, Tohoku University is the parent of the Research Institute of Electrical Communication, a fabled research lab in radio communications, best known as the place where the Yagi-Uda antenna was invented in 1926.    The &ldquo;yagi&rdquo;, shown in the RIEC logo above, is the classic TV antenna in the US and has had a major impact on wireless communications over the decades.    The RIEC website could tell you more about their accomplishments, past and present, but is down due to the disaster.


I have spoken several times at conferences hosted by RIEC and have fond memories of the staff, their kind hospitality and the excellent facilities.    I hope this famous facility and its wonderful staff survived the disaster without serious impact and will continue their pioneering wireless research.


(The SpectrumTalk logo is based on a photo taken in Sendai.)


Yagi-Uda antennas of Tohoku University 


Amateur Radio Club and cherry blossoms


April 2009
]]></content:encoded></item><item><title>&#x22;If there is only one action we could take this year to reform the FCC&#x22; - What would it be?</title><dc:creator>mjmarcus@marcus-spectrum.com</dc:creator><category>FCC Reform</category><dc:date>2011-03-11T08:08:54-05:00</dc:date><link>http://www.marcus-spectrum.com/Blog/files/8142c3c56cccac1e1e312f052526f1b9-194.html#unique-entry-id-194</link><guid isPermaLink="true">http://www.marcus-spectrum.com/Blog/files/8142c3c56cccac1e1e312f052526f1b9-194.html#unique-entry-id-194</guid><content:encoded><![CDATA[If there is only one action we could take this year to reform the FCC,  this

...&ldquo;The inability of Commissioners to get together and talk as a group makes zero sense.

The statutory bar on more than two Commissioners talking together outside a public meeting has 

...For almost a decade I have seen first-hand and up close

...&ldquo;Elected representatives, cabinet officials, judges and just about everyone else have the

... Commissioners of the FCC should not have the same opportunity at their disposal&mdash;especially

 when balanced, as this legislation is, with specific safeguards designed to preserve

...Reaching agreement on the complex issues pending before us is difficult enough

 in the best of circumstances, but is infinitely more so when we cannot even talk about them

...Each of the five Commissioners brings to the FCC special experiences

 and unique talents that we cannot fully leverage without communicating directly with each other.<br><br>

&ldquo;The Federal Communications Commission Collaboration Act is a prudent, balanced

 proposal that recognizes the benefits of permitting the Commission to do its business collectively

...thank the Representatives for their leadership on this much needed reform and wish them success

...What this bill, H.R. 1009, proposes is a major change to the Carter-era Government in the Sunshine Act, 5 USC 552b.    The present law applies not just to FCC, but to the plethora of commissions throughout the federal government from the American Battle Monuments Commission to the Securities and Exchange Commission.    But this pending bill only applies to FCC.


The commissioners are allowed to meet in closed meetings for certain subjects under the terms of 5 USC 552b(c).    Allowed subjects include personnel matters, ITU conference preparation, and &ldquo;internal personnel rules and practices of an agency&rdquo;.    While such meetings were  infrequent but recurring when I joined FCC in 1979, I do not recall any in the past 2 decades.


FCC and other regulatory commissions are required to meet at least once a month.    For more than a decade FCC has just met this minimum requirement.    By contrast SEC meets twice a month and NRC meets 3 times a month.


My question for readers, if there was only one reform for FCC this year, would this be your highest priority?    Note that you can post to this blog anonymously if you wish and no one, including your blogger, will know who you are.]]></content:encoded></item><item><title>New National Research Council Report on Spectrum Technology and Policy</title><dc:creator>mjmarcus@marcus-spectrum.com</dc:creator><category>FCC Reform</category><dc:date>2011-03-09T21:00:25-05:00</dc:date><link>http://www.marcus-spectrum.com/Blog/files/3e57fc5b535dbc47e0ae70e0c06d1db4-193.html#unique-entry-id-193</link><guid isPermaLink="true">http://www.marcus-spectrum.com/Blog/files/3e57fc5b535dbc47e0ae70e0c06d1db4-193.html#unique-entry-id-193</guid><content:encoded><![CDATA[With funding from the National Science Foundation, the National Academy of Sciences/National Research Council today published a report entitled &ldquo;Wireless Technology Prospects and Policy Options&rdquo; which&rdquo; describes key wireless technology trends, their implications, and options for facilitating the introduction of enhanced and new services.&rdquo;    The mission of the NRC is to improve government decision making and public policy, increase public education and understanding, and promote the acquisition and dissemination of knowledge in matters involving science, engineering, technology, and health.    Other technical regulatory agencies routinely ask NRC for views on key policy issues - FCC has not in more than 30 years!


The report as a whole will take some digesting  I note with interest the following recommendation:


Ensure That Regulators Have Access to Technology Expertise Needed to Address Highly Technical Issues


As this report argues, spectrum policy is entering an era in which technical issues are likely to arise on a sustained basis as technologies, applications, and services continue to evolve.   The committee believes that the Federal Communications Commission (FCC) would therefore benefit from enhancing its technology assessment and engineering capabilities and suggests several ways to gain such expertise:


   &bull; Make it a priority to recruit top&shy;caliber engineers/scientists to work at the FCC, perhaps for limited terms.


   &bull; Use an external advisory committee to provide the FCC with out&shy; side, high&shy;level views of key technical issues.   (Indeed, in the past, the FCC convened the Technology Advisory Council to play just such a role.)


   &bull; Add technical experts to the staff of each commissioner.


   &bull; Tap outside technical expertise, including expertise elsewhere in the federal government such as at the Department of Commerce&rsquo;s Insti&shy;tute for Telecommunication Sciences and the National Institute of Stan&shy;dards and Technology (NIST), or through a federally funded research and development center.


Readers may recall that this is similar in several ways to IEEE-USA letters to FCC that have been discussed here.


Of course I find it odd that they feel FCC needs more expertise but make no statement at all about NTIA in this area.    More later about this important report after some time for review.]]></content:encoded></item><item><title>Broadcasters and the Spectrum Wars</title><dc:creator>mjmarcus@marcus-spectrum.com</dc:creator><category>None</category><dc:date>2011-03-04T12:28:03-05:00</dc:date><link>http://www.marcus-spectrum.com/Blog/files/a020f5708836013657d3cb81155fde9f-192.html#unique-entry-id-192</link><guid isPermaLink="true">http://www.marcus-spectrum.com/Blog/files/a020f5708836013657d3cb81155fde9f-192.html#unique-entry-id-192</guid><content:encoded><![CDATA[The TV broadcasters, after controlling FCC spectrum policy for decades, are suddenly feeling like underdogs.    TVNewsCheck, edited by Broadcasting & Cable veteran Harry A.   Jessell, has a headline &ldquo;Stations Face &lsquo;Formidable&rdquo; Spectrum Lobby&rdquo; with the following summary: 


It's an uphill fight for broadcasters trying to stall or mitigate the FCC's plan to reclaim a large hunk of broadcast spectrum and repurpose it for wireless broadband.   The plan enjoys the backing of some of the biggest names in wireless, consumer electronics and the high-tech world, not to mention the White House and fiscal conservatives on the Hill.


The article goes on to say


The lobbying push was organized by the NAB as part of its annual, two-day State Leadership Conference, essentially a legislative rally.<br><br>


It&rsquo;s badly needed.   In the battle over broadcast spectrum, broadcasters are facing a formidable phalanx of telecommunications, consumer electronics and high-tech companies and their powerful Washington lobbies.   Included are some of the biggest names in American industry today: AT&T, Verizon, Sprint Nextel, T-Mobile, Google, Intel, Cisco Systems and Microsoft.


John Eggerton in the real Broadcasting & Cable chimes in with a piece entitled &ldquo;Sparring Over Spectrum&rdquo; which ends with 


&ldquo;Broadcasters are facing a tough battle for their frequencies in the face of the broadband deployment push, which recently got a shove from the White House&rsquo;s National Wireless Plan.   While the FCC has been pushing for incentive auction authority to compensate the broadcasters who give up spectrum, it has not yet gotten it.   The FCC could mandate the move without payment, but broadcasters would fight that with everything they&rsquo;ve got.&rdquo;


Which leads us to the &ldquo;elephant in the room&rdquo; question: if the National Broadband Plan is successful and virtually all American homes get 100 Mbps broadband at an affordable cost, exactly why do we need 50 channels of over-the-air TV spectrum?    Now I have a sailboat and do sometimes watch OTA TV from the boat in remote areas, but do we really need 50 OTA channels for such users?  


If the mobile parts of NBP are successful we will also have widespread mobile broadband to satisfy the video needs of boaters and campers.    In the UK, broadcasters, e.g.   US citizen Rupert Murdoch, do not own any spectrum, they provide digitized programming with advertising to 3rd party Arqiva which multiplexes them together on DTV transmitters for public use.    Is that so bad?]]></content:encoded></item><item><title>FCC Enforcement in Action: The Mysterious AT&#x26;T San Juan Case</title><dc:creator>mjmarcus@marcus-spectrum.com</dc:creator><category>enforcement</category><dc:date>2011-03-03T09:58:42-05:00</dc:date><link>http://www.marcus-spectrum.com/Blog/files/d7110e2482463dd2de998df926ceea1f-191.html#unique-entry-id-191</link><guid isPermaLink="true">http://www.marcus-spectrum.com/Blog/files/d7110e2482463dd2de998df926ceea1f-191.html#unique-entry-id-191</guid><content:encoded><![CDATA[Mitchell Lazarus, writing recently in FHH CommLawBlog pointed out the strange case of a recent Notice of Apparent Liability dealing with alleged AT&T use of 5605 MHz in San Juan PR.  

...As part of its ongoing coordination efforts with the Federal Aviation Administration (&ldquo;FAA&rdquo;), the Enforcement Bureau received a complaint that radio emissions were causing interference on or adjacent to the frequency 5610 MHz to the FAA&rsquo;s Terminal Doppler Weather Radar (&ldquo;TDWR&rdquo;) installation serving the San Juan International Airport. ...   On December 7, 2010, agents from the Enforcement Bureau&rsquo;s San Juan Office (&ldquo;San Juan Office&rdquo;) conducted an investigation on the roof of the Miramar Plaza Condominium Building in Santurce, Puerto Rico.   The agents from the San Juan Office confirmed by direction-finding techniques that radio emissions on frequency 5605 MHz were emanating from the building&rsquo;s roof, the location of one of AT&T&rsquo;s U-NII transmitters, a Motorola Canopy.	  The Canopy model is certified for use as a Part 15 intentional radiator only in the 5735.0 - 5840.0 MHz band and is not certified as a U-NII intentional radiator.


...Going after AT&T makes sense only if the FCC thinks the transmitter was compliant when shipped, and that AT&T took it out of the box, re-tuned it to an unauthorized frequency, and turned off the DFS. 

...From the NAL, we know that the equipment in question was &ldquo;a Motorola Canopy model #5700, FCC ID ABZ89FC5804&rdquo; (fn.11) and a check of the FCC authorization data base shows that the most recent grant for this equipment gives its frequency range as 5735.0  -  5840.0 MHz.  

...2.932(e)  Manufacturers must take steps to ensure that only software that has been approved with a software defined radio can be loaded into such a radio.   The software must not allow the user to operate the transmitter with frequencies, output power, modulation types or other parameters outside of those that were approved.   Manufacturers may use authentication codes or any other means to meet these requirements, and must describe the methods in their application for equipment authorization.


...A number of parties support a requirement for devices to comply with the rules for software defined radios if the software and operating parameters can be easily changed post- manufacture and/or that pose a high risk of causing interference to licensed services such as public safety.<br><br>	Intel states that those devices that use software defined radio as a manufacturing technique and are not intended to be modified in the field should not be required to be declared as software defined radios, and that the Commission should impose requirements on only those devices where the manufacturer intends to allow modifications in the field.	  Vanu, Inc., a manufacturer of software defined radios, believes that mandatory certification as software defined radios may be desirable when harmful interference may result from a foreseeable modification to the device&rsquo;s software by a third party.   It states that the Commission could adopt security requirements that are not limited to radios that meet the definition of software defined radios.	  The National Public Safety Telecommunications Council and the SDR Forum believe that the Commission&rsquo;s concern should not be that a radio could be reprogrammed on an individual basis because the number of radios potentially affected that way would not be significant.


...While Motorola did not participate in this issue, it is likely they had a role in drafting the National Public Safety Telecommunications Council position on this issue as Motorola has a long history of speaking through user groups on such issues.    As a result of these concerns,  the former 2.932(e) was replaced with the present 2.944 which does not apply to  transmitters unless the  &ldquo;software is designed or expected to be modified by a party other than the manufacturer&rdquo;.    Thus the Canopy unit in question is exempt from any security requirement on its software because it was not marketed to allow user changes of the operating band and is not declared to FCC to be an SDR.


...	2)	Motorola violated its equipment authorization grant and intentionally shipped a unit capable of operating on 5605 MHz


...Note that the 3rd case would have been covered by the former  2.932(e) but is not covered by the present 2.944.


So while I don&rsquo;t have a lot of sympathy for AT&T in this case, it would appear that either Motorola is at fault in its sale of the Canopy unit, in which case its dealers would also be culpable or this case highlights an error in the logic used by the Commission in 2005 for watering down the former 2.932(e) requirement into the present much weaker 2.944  requirement.


It is ironic that when I spoke to the SDR Forum on a panel last year (just prior to the group changing its name to Wireless Innovation Forum) someone asked the panel if the FCC SDR security rules were too weak.    I think they are and are the most likely root cause of this incident, but that is what the SDR Forum and others myopically asked for in Docket 03-108 and the FCC complied, ignoring concerns stated by Cingular/Bellsouth at the time.


Let&rsquo;s hope FCC gives us a full explanation of what really happened in San Juan so we can avoid similar events in this and other bands.  


While we are at it, it would also be useful for FCC and NTIA to publicly state why TDWR interference is a recurring problem given that NTIA was able to dictate the terms of the U-NII rules for the shared band.    I suspect that DoD dominated the IRAC discussions of the issue and FAA naively assumed that DoD would watch out for all federal radars, not just military units, so did not realize until it was too late that TDWR was different than the military units in some key aspects.]]></content:encoded></item><item><title>The 1995 Federal Shutdown:&#x3c;br&#x3e;&#x3c;h5&#x3e;A Belated Confession</title><dc:creator>mjmarcus@marcus-spectrum.com</dc:creator><dc:subject>SpectrumTalk Blog</dc:subject><dc:date>2011-03-01T10:22:17-05:00</dc:date><link>http://www.marcus-spectrum.com/Blog/files/457471800f0f03fa6632c4d9486c15a3-190.html#unique-entry-id-190</link><guid isPermaLink="true">http://www.marcus-spectrum.com/Blog/files/457471800f0f03fa6632c4d9486c15a3-190.html#unique-entry-id-190</guid><content:encoded><![CDATA[Photo by PinkMoose, via Flickr


In 1995 the federal government shut down for several weeks due to a budget impasse that may be about to be repeated.    While not all federal agencies were affected, FCC certainly was.    Virtually all employees were ordered not to come to the office during the shutdown and guards at the then headquarters building at 1919 M St., NW enforced this.


But your blogger sometimes listens to a different drummer.    At that time FCC/OET was in a separate building, 2020 M St. that was almost all private tenants and had no FCC security officer.    Since no one bothered to change the lock, it was easy to get in if you had a key.    I had a health club membership in the same block and came in 2-3 times/week to work out at the health club.    (My wife&rsquo;s agency had an appropriation at that point, so she had to work anyway.)


After working out at the health club, I sneaked into the FCC/OET office space to both ponder the stupidity of the shutdown and also to water everyone&rsquo;s plants.    I figured that people were stressed out enough about the shutdown - it was not clear at that point whether they would eventually get paid - and the last thing they needed was to come back and find that their beloved office plant of x years had died during the shutdown.


Yes, I violated FCC directions and possibly the law.    I hope that the statute of limitations has expired.    I have no regrets.]]></content:encoded></item><item><title>FCC Resolves MSS &#x3c;em&#x3e;ex parte&#x3c;/em&#x3e; Complaint:&#x3c;br&#x3e;&#x3c;h6&#x3e;Continues 30+ year inability to find violations&#x3c;br&#x3e;&#x3c;br&#x3e;But&#x2c; MSTV has actually improved compliance in the process&#x21;&#x3c;/h6&#x3e;</title><dc:creator>mjmarcus@marcus-spectrum.com</dc:creator><category>ex parte</category><dc:date>2011-02-26T10:24:55-05:00</dc:date><link>http://www.marcus-spectrum.com/Blog/files/dcab7f4b9ce49890acf1a9985d30d38c-189.html#unique-entry-id-189</link><guid isPermaLink="true">http://www.marcus-spectrum.com/Blog/files/dcab7f4b9ce49890acf1a9985d30d38c-189.html#unique-entry-id-189</guid><content:encoded><![CDATA[of our ex parte rules complements the improvements to the rules we are 


adopting today and reinforces their purpose in making our proceedings


...interested parties. -- R&O&FNPRM, Docket 10-43 2/2/11


On August 25, 2008, Marcus Spectrum Solutions filed a Petition for Review with FCC dealing with the rejection by OGC of a previous complaint complaint about MSTV&rsquo;s apparent violation of the Commission&rsquo;s ex parte rules.  


905 days later, on February 16, 2011, the Commission released a Memorandum Opinion and Order (MO&O) denying the application for review.    The MO&O was thus released 2 weeks after the Commission adopted changes to the ex parte rules in Docket 10-43 in the decision quoted at the top of this entry.


The start of this string of events was my October 13, 2006 letter to the FCC General Counsel.    During the pendency of Docket 04-186, I noticed that MSTV was often late in their ex parte filings and often so cryptic that one did not know what was discussed.    Having been away from FCC for 2 years and living overseas at the time, I wondered if maybe this had become common practice.    A search through ECFS for major parties practicing before FCC quickly showed that MSTV was actually an outlier and that other corporations and trade associations were consistently compliant with the rules.    So I pointed out to the then GC 16 MSTV filings that appeared to violate the rules.


The letter to OGC was answered on March 30, 2007, 168 days later.    It informed me that OGC was &ldquo;aware of no complaints against MSTV by other parties&rdquo; - apparently indicating that my enumeration of 16 filings apparently in violation of the rules did not constitute a &ldquo;complaint&rdquo;.   In dealing with subsequent clearly labeled complaints it became clear that OGC was repeating the FCC&rsquo;s discredited approach to indecency complaints in the 1980s - a &ldquo;shell game&rdquo; approach where each complaint was dismissed for a technicality that failed to meet the threshold for Commission consideration.


Thus the appeal of the Commission of the 3rd OGC dismissal of a complaint.    In the process of denying the review, the Commission is in denial about the fact that previous complaints were rejected for the following reasons that do not exist in either the rules or formal precedents:


	   &middot; a requirement that only parties with standing in a proceeding can file complaints; 


	   &middot; an unspecified &ldquo;statute of limitations&rdquo; on the timeliness of complaints; 


	   &middot; a standard of compliance that is the practice of other parties in the same proceeding; 


...Nevertheless, the Commission then dismisses the MSS request that MSTV receive a formal warning about previous violations by concluding &ldquo;we agree with OGC that Marcus&rsquo;s complaints have failed to demonstrate significant non-compliance with the ex parte rules by MSTV under the applicable standards.&rdquo; (para. 

...However, after all was said and done, MSTV has quietly moved into compliance with the ex parte rules!    The last  late ex parte filing by MSTV was 11 months ago!    A review of their recent ex parte filings shows that this has been achieved in conjunction with making many presentations joint with NAB - which, in contrast to MSTV, has always had an immaculate record in this area  - and by using Covington & Burling for most other ex parte filings.


So the record of the appeal is mixed: it established a precedent that &ldquo;significant non-compliance&rdquo; is necessary for even a formal warning but it did move MSTV into compliance.    For better or for worse, it is also the first Commission action on ex parte enforcement in the 30+ years since FCC adopted its unique approach to dealing with ex parte meetings - something without a counterpart in all other federal agencies dealing with rulemakings.
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