[IP] Amateur Radio v. Part 15
Personally the we are the greatest attitude of ARRL annoys me. djf
Delivered-To: dfarber+@xxxxxxxxxxxxxxxxxx
Date: Mon, 03 Nov 2003 08:49:11 -0800
From: Dewayne Hendricks <dewayne@xxxxxxxxxxxxx>
Subject: [Dewayne-Net] Amateur Radio v. Part 15
Sender: dewayne-net@xxxxxxxxxxxxx
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[Note: This in from friend Michael Calabrese. I've known that this has
been in the works for some time now. I'll have more to say later about my
view on all this. For now, I'm just posting this item and will post more
items that inform on the issue as I see them. DLH]
At 16:44 -0500 11/2/03, Michael Calabrese wrote:
Subject: FW: Amateur Radio v. Part 15
Date: Sun, 2 Nov 2003 16:44:13 -0500
From: "Michael Calabrese" <Calabrese@xxxxxxxxxxxxxx>
To: "Open Spectrum Group (E-mail)" <openspectrum@xxxxxxxxxxxxx>
Cc: "Dewayne Hendricks (E-mail)" <dewayne@xxxxxxxxxxxxx>
I thought this list would be interested in ARRL's legal challenge to the
FCC's authority to allow unlicensed band sharing under Part 15 Rules (fyi,
Stanford and Northeastern University advanced this argument in their
ITFS/MDS comments; it had previously been made by Cingular). The summary
below is from an attorney organizing a coalition of companies to defend
Part 15 (name at bottom). / Michael
ARRL, an association of amateur radio interests, yesterday filed an action
in the U.S. Court of Appeals for the D.C. Circuit that challenges the
FCC's authority to permit operation of unlicensed devices under Part 15 of
its rules.
The action seeks review of an FCC rulemaking that increased the permitted
field strength from unlicensed devices using highly directional antennas
in the 24.05-24.25 GHz band. But an adverse decision in the case could
potentially affect unlicensed operation not just in that band, but in any
band shared with licensed users. Those include, among others, 902-928,
2400-2483.5, and 5725-5825 MHz, as well as 5150-5250 MHz (U-NII) and
5470-5725 MHz (proposed U-NII).
ARRL argues the Communications Act does not permit the FCC to authorize
unlicensed operation of transmitters that have "substantial interference
potential" to interfere with licensed operations. The FCC did not
squarely address this question, but instead found the 24 GHz devices were
non-interfering. The issue ARRL raises thus may not be ripe for review by
the courts.
I hope to pull together a coalition of companies interested in Part 15
issues to assist the FCC in opposing this action. Please let me know if
you are interested in principle. There is no commitment at this
stage. IMPORTANT EXCEPTION: Those receiving this email having
telecommunications counsel other myself are requested to forward this
email to their counsel, with a request that he or she contact me. This is
not a solicitation of companies that are presently represented.
Mitchell Lazarus
Fletcher, Heald & Hildreth, PLC
703-812-0440 (voice)
703-812-0486 (fax)
301-537-7278 (mobile)
MLazarus@xxxxxxxxxxxx
www.fhhlaw.com
Archives at: <http://Wireless.Com/Dewayne-Net>
Weblog at: <http://weblog.warpspeed.com>
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