[Federal Register Volume 68, Number 120 (Monday, June 23, 2003)]
[Rules and Regulations]
[Pages 37093-37094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15703]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 15
[ET Docket No. 99-231; FCC 03-124]
Spread Spectrum Devices
AGENCY: Federal Communications Commission.
ACTION: Petition for rulemaking; denial.
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SUMMARY: This document denies the Petition for Reconsideration filed by
Warren C. Havens and Telesaurus Holdings GB, LLC, d/b/a LMS Wireless
(``Havens'') of the Commission's Second Report and Order in this
proceeding. We affirm our decision to permit new digital transmission
technologies to operate in the 902-928 MHz (915 MHz) band under the
same rules that govern the operation of direct sequence spread spectrum
systems, and reject Havens' request that we delay the implementation of
these rules.
FOR FURTHER INFORMATION CONTACT: Neal McNeil, Office of Engineering and
Technology, (202) 418-2408.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Memorandum Opinion and Order, ET Docket No. 99-231, FCC 03-124, adopted
May 27, 2003 and released May 30, 2003. The full text of this document
is available on the Commission's Internet site at http://www.fcc.gov.
It is also available for inspection and copying during regular business
hours in the FCC Reference Center (Room CY-A257), 445 12th Street.,
SW., Washington, DC 20554. The full text of this document also may be
purchased from the Commission's duplication contractor, Qualex
International, Portals II, 445 12th St., SW., Room CY-B402, Washington,
DC 20554; telephone (202) 863-2893; fax (202) 863-2898; e-mail
[email protected].
Summary of the Memorandum Opinion and Order
1. In the Second Report and Order in ET Docket No. 99-231, the
Commission revised Sec. 15.247 of its rules to allow new digital
transmission technologies to operate under the same rules as direct
sequence spread spectrum systems in the 915 MHz, 2.4 GHz, and 5.7 GHz
bands. The Commission stated that these changes will facilitate the
continued development and deployment of new wireless devices for
businesses and consumers. The modified rules will allow more diverse
products to occupy those bands, thereby increasing consumer choice. At
the same time, the rules will provide flexibility for quickly
introducing new non-interfering products without the need for rule
makings to address each developing technology. The new rules became
effective on July 25, 2002.
2. On July 25, 2002, Havens filed a petition for reconsideration
asking the Commission to defer the rule changes noted above in the 915
MHz band, pending resolution of two rulemaking petitions: One filed by
Progeny LMS LLC (``the Progeny petition''), and one that Havens
intended to file at a later date. The Progeny petition seeks rule
changes for the Location and Monitoring Service (``LMS'') in the 915
MHz band. Specifically, Progeny seeks elimination of restrictions
baring a single licensee from holding all LMS licenses in a given area,
elimination of the restriction on real-time interconnection,
elimination of the restriction on the types of services LMS licensees
may offer, and the substitution of technical limits, as
[[Page 37094]]
necessary, for the current service limitations. Progeny also requests
modification of the safe harbor provision of Sec. 90.361 of the rules
that creates a presumption of non-interference from part 15 and Amateur
operations in the 902-928 MHz band. Havens asserts that the changes to
the part 15 rules adopted in the Second Report and Order that allow
increased flexibility for unlicensed devices may lead to increased part
15 use, which would jeopardize effective use of LMS in this spectrum.
3. We note that Havens has not shown sufficient cause for delaying
the implementation date of the rules adopted in the Second Report and
Order. The changes to the part 15 rules that allow increased
flexibility for manufacturers to improve product performance did not
change the technical requirements, i.e,. maximum peak power and power
spectral density, that we find adequate to protect other spectrum users
from interference. An LMS receiver will experience no more interference
from a part 15 device operating under the rules adopted in the Second
Report and Order than under the prior rules. Havens has made no showing
that contradicts this conclusion, and a mere statement of belief that
increased use may lead to increased interference is not sufficient
justification for reconsideration. In the event that the Commission
proposes to revise its rules in response to the Progeny petition,
interested parties can address part 15 and LMS issues in the context of
that rulemaking proceeding.
4. Finally, we decline to delay implementation of rule changes on
the mere speculation that a Petition for Rulemaking may be filed that
may affect use of the band. We note that the rule changes adopted in
the Second Report and Order became effective on July 25, 2002. Havens
did not raise any objections to the proposals during the pendency of
this proceeding and has not filed a Petition for Rulemaking concerning
the 915 MHz band. We find that Havens has not presented sufficient
justifications to warrant reconsideration of the rules adopted in the
Second Report and Order in this proceeding.
Ordering Clauses
5. Pursuant to sections 4(i), 302, 303(e), 303(f), 303(g), 303(r),
and 405 of the Communications Act of 1934, as amended, 47 U.S.C.
154(i), 302, 303(e), 303(f), 303(g), 303(r), and 405, it is ordered
that the Petition for Reconsideration filed by Warren C. Havens and
Telesaurus GB, LLC is denied.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 03-15703 Filed 6-20-03; 8:45 am]
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