5/13. The Federal Communications Commission (FCC) adopted, but did not release, a notice of proposed rulemaking (NPRM) regarding use by unlicensed devices of broadcast television spectrum where the spectrum is not in use by broadcasters. The goal is to make more spectrum available (and spectrum that can go through walls) for networking electronic devices within premises, and for providing wireless broadband internet access.

The FCC issued a short release [2 pages in PDF] that briefly and vaguely describes this item. Each of the five Commissioners spoke, and issued a written statement.

FCC Chairman Michael Powell wrote in his prepared statement [PDF] that this use of unlicensed devices "promises to dramatically increase the availability and quality of wireless Internet connections -- the equivalent of doubling the number of lanes on a congested highway. Such technologies could create the same explosion in new business and growth that we have seen in the case of WiFi and Bluetooth. For instance, it could help bring high-speed Internet services to rural communities without the cables or wires."

Alan Stilwell of the FCC's Office of Engineering and Technology (OET), presented this item at the FCC meeting. Ed Thomas, Chief OET, spoke about the item at a press conference after the meeting. Thomas further spoke with reporters after this press conference.

Stilwell enumerated some of the uses that the FCC contemplates. These would include wireless computer networking cards, wireless printer connections, wireless keyboards, and wireless headsets. Thomas said that this spectrum would be used for connecting electronic devices within a premises, and for internet access.

Stilwell and Thomas explained that unlicensed devices would use smart radio technology. A device "has to listen before it talks", said Thomas, in order to determine what channels are available. Then, these devices would use the available channels.

Stilwell stated that the NPRM proposes two categories of unlicensed devices, operating under Part 15 of the FCC rules, each with its own requirements. First, there would be the low power personal portable devices, such as PC cards. Second, there would be the higher powered fixed location devices, such as the wireless broadband internet access base stations.

The FCC release states that the NPRM proposes "to classify the unlicensed broadband devices that could be used in the TV bands into two general functional categories. The first category would consist of lower power ``personal/portable´´ unlicensed devices, such as Wi-Fi like cards in laptop computers or wireless in-home local area networks. The second category would consist of higher power ``fixed/access´´ unlicensed devices that are generally operated from a fixed location and may be used to provide a commercial service such as wireless broadband internet access."

The release states that the NPRM proposed "to allow both of these types of operations in the TV spectrum, provided appropriate measures are taken to ensure that operations are limited to unused TV channels. Different interference avoidance requirements are proposed for these two different types of unlicensed broadband applications. These proposals should provide flexibility to permit a wide range of unlicensed broadband uses and applications and ensure that the most appropriate and effective mechanisms are in place to limit such unlicensed use to only unused TV channels."

Stilwell stated that these devices would only be permitted to operate in vacant spectrum. This would mean channels 2-4 would be excluded. Channel 37, which is used for radio astronomy, would also be excluded. Channels 51 and above would be excluded because they have already been reallocated. Moreover, Channels 14-20 would be excluded in locations where they have been allocated for other use.

Thomas stated that one of the benefits of having unlicensed devices use TV spectrum is its propagation characteristics. That is, spectrum in the TV band, which is below 900 MHz, is better able to penetrate objects than the spectrum in the 2.4 GHz and 5 GHz bands that is currently used by many unlicensed devices. Said Thomas, "the good news is that it will penetrate buildings".

Thomas said that the amount of unused spectrum varies by market. He said that "in all markets there is some spectrum available". But, he said, there will be more unused spectrum in, for example, the mountains of the state of Montana.

Thomas said that the range of the wireless internet service providers (WISPs) using this spectrum would vary. He said that in flat rural areas the range would be about 10 miles, while in urban areas it would be about 1 to 1 1/2 miles. He also said that for base stations, the power would be "about 4 watts".

He also stated that he hopes the the FCC will adopt a report and order before the end of the year.

Commissioner Kathleen Abernathy wrote no separate statement. However, she stated at the meeting that in addition to there being requests for more spectrum for unlicensed use, "there are a lot of licensed users that deserve protection". She said that there are now "two camps", but that they "can coexist".

Commissioner Michael Copps wrote in his prepared statement [PDF] that "we must of course find ways to balance the need to provide spectrum resources for innovators, entrepreneurs, and new technologies with the equally important need to avoid harmful interference to incumbent users and consumers."

He added that "I want to encourage the Bureau and my colleagues to be vigilant to ensure that we have the investigative and enforcement resources and plans in place as we pursue more and more complicated spectrum arrangements. We may allow unlicensed operations in this band. And we have already allowed other tightly packed licensed and unlicensed use in other bands. Given the interference concerns these actions create, we must be able and ready to conduct independent harmful interference tests, and to act decisively when harmful interference has occurred."

Commissioner Kevin Martin wrote in his prepared testimony [PDF] that "While I am pleased that this proceeding has the potential to encourage new and innovative unlicensed services, I remain concerned about the proceeding’s impact on the broadcasters and their transition to digital television."

Commissioner Jonathan Adelstein wrote in his prepared testimony [PDF] that "I support today’s item because it looks creatively at methods to accommodate unlicensed operations in vacant TV bands, a portion of the spectrum that has such favorable propagation characteristics for wireless broadband services."

But, Adelstein (at right) repeated the concern expressed by Abernathy, Copps and Martin about interference with TV. He said that "The American people care a lot about the quality of their television reception. Television broadcasts are viewed by people as perhaps the most sacred use of public spectrum. Their TV is not to be trifled with."

Thomas addressed broadcasting also. He asserted that this proceeding could end up benefiting TV broadcasters. For example, he said that "putting a DTV receiver in every laptop computer" would expand the reach of television. Thomas added that "our hope is that we are changing the DTV environment", and that "there will be new instruments with DTV receivers in them".

However, Edward Fritts, the CEO of the National Association of Broadcasters (NAB), released a statement in which he said that "We have serious concerns that the introduction of unlicensed devices into the television band could result in unforeseen interference in broadcast service to millions of television viewers. Free, over-the-air television provides invaluable news, information and entertainment to local communities all over America and serves as a lifeline to citizens in times of crisis. We will work with the FCC to ensure that this proposal can be accommodated while preserving interference-free over-the-air television."

Thomas added that "the broadcasters are not a monolith".

This NPRM is FCC 04-113 in ET Docket Nos. 04-186 and 02-380. The Commission vote was 5-0.

The FCC announced a Notice of Inquiry [MS Word] (NOI) in its proceeding number 02-380 on December 11, 2002. See, story titled "FCC Announces Notice of Inquiry Re More Spectrum for Unlicensed Use" in TLJ Daily E-Mail Alert No. 566, December 12, 2002. The FCC released its NOI on December 20, 2002.

5/13. Rep. Chris Cannon (R-UT) commented on the Internet Non-discrimination Act (INDA) at the House Judiciary Committee's Subcommittee on Commercial and Administrative Law hearing on HR 3220, the "Business Activity Tax Simplification Act of 2003" (BATSA), on May 13. Rep. Cannon stated that House passed the bill "in its pure and proper form", while the Senate passed the bill "in abominable form". The Senate bill extends the moratorium of the 1998 Internet Tax Freedom Act until November 1, 2007. However, the bill also includes numerous exceptions and qualifications that provide state and local governments a wide range of opportunities to tax internet access. The House version makes the moratorium permanent, and lacks the exceptions and qualifications found in the Senate version. The House passed its version, HR 49, on September 17, 2003. The Senate passed its version, S 150, on April 29, 2004. See, story titled "Senate Passes Weakened Version Internet Non-discrimination Act" in TLJ Daily E-Mail Alert No. 889, May 3, 2004. (TLJ will publish a story on the BATSA in the Monday, May 17 issue.)

5/13. The Senate Judiciary Committee held a meeting to mark up several bills. However, it held over all of the technology related items on the agenda: S 1933, the "Enhancing Federal Obscemity Reporting and Copyright Enforcement (ENFORCE) Act of 2003", S 1635, the "L-1 Visa (Intracompany Transferee) Reform Act of 2003", and S 2013, the "Satellite Home Viewer Extension Act of 2004".

5/13. The House Science Committee held a hearing on HR 4218, the "High-Performance Computing Revitalization Act of 2004". John Marburger, Director of the White House Office of Science and Technology Policy, wrote in his prepared testimony [PDF] that "I share your enthusiasm for and commitment to high-performance computing and I am pleased to convey the Administration's support for the High-Performance Computing Revitalization Act of 2004, in its current form." See also, prepared testimony of Irving Wladawsky-Berger (IBM), prepared testimony of Rick Stevens (Director of the NSF TeraGrid). and prepared testimony of Daniel Reed (University of North Carolina at Chapel Hill). See also, Report of the High End Computing Revitalization Task Force [80 pages in PDF] and Committee release.

5/13. The House Commerce Committee postponed its markup of "Satellite Home Viewer Extension and Reauthorization Act".

The House will not meet.

The Senate will meet at 9:30 AM for morning hour.

9:00 - 10:30 AM. The Progressive Policy Institute (PPI) will host a lecture by Michael Mandel of Business Week magazine, regarding how technology advances drive economic growth. Mandel will discuss his new book, titled "Rational Exuberance: Silencing the Enemies of Growth and Why the Future is Better Than You Think". Robert Atkinson, Director of the PPI's Technology and New Economy Project, will moderate. Breakfast will be served. RSVP to 202 547-0001 or PPIEvents@dlcppi.org. Location: PPI, 600 Pennsylvania Ave., SE, Suite 400.

Day one of a three day conference hosted by American University titled "Critical Infrastructure Information" See, notice. American University, Ward Circle, intersection of Massachusetts and Nebraska Avenues, NW.

Day two of a three day conference hosted by American University titled "Critical Infrastructure Information". See, notice. American University, Ward Circle, intersection of Massachusetts and Nebraska Avenues, NW.

Extended deadline to submit applications to the Department of Homeland Security's (DHS) Privacy Office to be considered for membership on the Data Integrity, Privacy, and Interoperability Advisory Committee. See, notice in the Federal Register, May 3, 2004, Vol. 69, No. 85, at Page 24178.

Day two of a three day conference hosted by American University titled "Critical Infrastructure Information". See, notice. American University, Ward Circle, intersection of Massachusetts and Nebraska Avenues, NW.

The House will meet at 12:30 PM.

The Supreme Court will return from the recess that it began on May 3.

9:30 AM. The U.S. Court Appeals (DCCir) will hear oral argument in PanAmSat v. FCC, No. 03-1133. Judges Edwards, Sentelle and Rogers will preside. Location: Prettyman Courthouse, 333 Constitution Ave.

12:15 PM. The Federal Communications Bar Association's (FCBA) Online Committee will host a brown bag lunch. The speaker will be Hillary Brill, legislative assistant to Rep. Rick Boucher (D-VA). RSVP to Evelyn Opany at 202 689-7163. Location: Piper Rudnick, 1200 19th Street, NW, Suite 700.

Day one of a three day conference of the American Cable Association. See, notice. Location: Wyndham Hotel.

Deadline to submit comments to the Office of the U.S. Trade Representative (USTR) regarding the complaint that the USTR submitted to the World Trade Organization (WTO) regarding the PR China's value added tax on integrated circuits. See, story titled "US Complains to WTO About PR China's Tax Preference for Domestic Producers of Integrated Circuits" in TLJ Daily E-Mail Alert No. 859, March 19, 2004. See also, notice in the Federal Register (April 21, 2004, Vol. 69, No. 77, at Pages 21593 - 21594) requesting comments.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding unwanted mobile service commercial messages and the CAN-SPAM Act. This is CG Docket No. 04-53. See, notice in the Federal Register, March 31, 2004, Vol. 69, No. 62, at Pages 16873 - 16886.

8:30 AM - 3:00 PM. George Mason University (GMU) will host a symposium titled "Information Technology for Homeland Security". See, agenda and registration pages. Location: GMU, Fairfax Campus, Dewberry Hall in the Johnson Center.

9:30 AM. The U.S. Court Appeals (DCCir) will hear oral argument in Vista Communications v. FCC, Nos. 01-1168 and 03-1281. Judges Edwards, Sentelle and Henderson will preside. Location: Prettyman Courthouse, 333 Constitution Ave.

9:30 AM. The North American Numbering Council (NANC) will meet. See, notice in Federal Register, April 12, 2004, Vol. 69, No. 70, at Pages 19183 - 19184. Location: Federal Communications Commission (FCC), 445 12th Street, SW, Room TW-C305.

12:00 NOON - 1:30 PM. The Federal Communications Bar Association's (FCBA) Common Carrier Practice Committee will host a brown bag lunch. The topic will be "Meet Wireline Competition Bureau Chief Bill Maher". The FCBA states that this will be an opportunity "to hear directly from the Bureau Chief about all the major issues facing the Bureau -- unbundled network element negotiations and the future of the Triennial Review, the VOIP proceedings, intercarrier compensation reform, universal service reform, and other matters". For more information, contact Matt Brill, Jonathan Banks, or David Sieradzki, Co-Chairs of the FCBA's Common Carrier Practice Committee. RSVP to Cecelia Burnett at 202 637-8312. Location: Hogan & Hartson, 555 13th St., NW, Lower Level.

1:30 - 3:00 PM. (or 2:00 - 4:00 PM?) The Federal Communications Commission's (FCC) World RadioCommunication 2007 (WRC-07) Advisory Committee's Informal Working Group on Terrestrial and Space Science Services will meet. See, FCC notice [PDF]. Location: FCC, 445 12th Street, SW, South Conference Room, 6th Floor, Room 6-B516.

9:00 AM - 4:00 PM. Day one of a two day closed meeting of the President's National Security Telecommunications Advisory Committee (NSTAC) to discuss "cyber-related vulnerabilities of the internet". See, notice in the Federal Register, April 16, 2004, Vol. 69, No. 74, at Pages 20635 - 20636. Location: undisclosed.

Day one of a two day conference hosted by the CompTel/Ascent titled "Advancing the Business of VOIP". See, notice. Location: Renaissance Mayflower Hotel.

Day two of a three day conference of the American Cable Association. See, notice. Location: Wyndham Hotel.

9:00 AM - 4:00 PM. Day two of a two day closed meeting of the President's National Security Telecommunications Advisory Committee (NSTAC) to discuss "cyber-related vulnerabilities of the internet". See, notice in the Federal Register, April 16, 2004, Vol. 69, No. 74, at Pages 20635 - 20636. Location: undisclosed.

9:30 AM. The Senate Commerce Committee will hold a hearing titled "From Public Service to Private Sector: Spinning the Revolving Door for Personal Gain". The Committee's notice does indicate whether the scope of the hearing will encompass any of the federal agencies that exercise authority that affects the communications or information technology sectors. Sen. John McCain (R-AZ) will preside. The hearing will be webcast by the Committee. Press contact: Rebecca Fisher at 202 224-2670. Location: Room 253, Russell Building.

9:30 AM - 5:00 PM. The Federal Communications Commission (FCC) will host an event titled "Wireless Broadband Forum". See, notice and agenda [PDF]. Location: FCC, Room TW-C305 (Commission Meeting Room), 445 12th Street, SW.

10:00 AM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet will hold a hearing titled "Competition in the Communications Marketplace: How Convergence Is Blurring the Lines Between Voice, Video, and Data Services". The hearing will be webcast by the Committee. See, notice. Press contacts: Jon Tripp (Barton) at 202 225-5735 or Sean Bonyun (Upton) 202 225-3761. Location: Room 2123, Rayburn Building.

2:00 - 4:00 PM. Federal Communications Commission's (FCC) World RadioCommunication 2007 (WRC-07) Advisory Committee's Informal Working Group on IMT-2000 and 2.5 GHz Sharing Issues will meet. See, FCC notice [PDF]. For more information, contact Cecily Cohen at 202 887-5210. Location: FCC, 445 12th Street, SW, South Conference Room, 6th Floor, Room 6-B516.

Day two of a two day conference hosted by the CompTel/Ascent titled "Advancing the Business of VOIP". See, notice. Location: Renaissance Mayflower Hotel.

Day three of a three day conference of the American Cable Association. See, notice. Location: Wyndham Hotel.

9:30 AM. The Senate Commerce Committee will hold a hearing regarding the CAN SPAM Act. The hearing will be webcast by the Committee. Press contact: Rebecca Fisher at 202 224-2670. See, notice. Location: Room 253, Russell Building.

10:00 AM. The Senate Appropriations Committee's Subcommittee on Commerce, Justice, State, and the Judiciary will hold another hearing on intellectual property. Location: Room 138, Dirksen Building.

10:00 AM - 12:00 NOON. The World RadioCommunication 2007 (WRC-07) Advisory Committee's Informal Working Group 5: Regulatory Issues will meet. Location: Boeing, Arlington, VA.

12:00 NOON. The Congressional Internet Caucus Advisory Committee will host a panel discussion titled "Wiretapping the Internet: Is VOIP Different?" RSVP to rsvp@netcaucus.org or 202-638-4370. Lunch will be served. Location: Reserve Officers Association, 1st and Constitution, NE.

2:00 - 4:00 PM. Several groups will hold a workshop on Federal Information Security Management Act (FISMA). The speakers will include Glenn Schlarman (OMB), Drew Arenas (Verizon), Stuart Katzke (NIST), Bob Dix (House Government Reform Committee), Mike Jacobs (SRA), Lance Hoffman (George Washington University), Allen Paller (SANS Institute), and Werner Lippuner (Ernst & Young). The hosting groups are the Center for Democracy and Technology (CDT), the Council for Excellence in Government (CEG), the Cyber Security and Policy Research Institute of George Washington University, and the American Council for Technology. RSVP to Danielle Wiblemo at dani@cdt.org. Location: Mayflower Hotel, Connecticut Ave.

Deadline to submit comments to the Department of Homeland Security (DHS) regarding its interim rule pertaining to receiving and protecting critical infrastructure information (CII). This rule pertains to the Homeland Security Act's exemption to the Freedom of Information Act (FOIA) for certain information about critical infrastructures, such as cyber security, that is voluntarily provided to the federal government. See, notice in the Federal Register, February 20, 2004, Vol. 69, No. 34, at Pages 8073 - 8089. See also, story titled "DHS Announces Adoption of Rules Implementing the Critical Infrastructure Information Act" in TLJ Daily E-Mail Alert No. 840, February 19, 2004.

Day one of a two day conference hosted by the Electronic Privacy Information Center (EPIC) titled "Freedom 2.0: Distributed Democracy". The topics to be addressed include the reliability of electronic voting systems, enabling public participation, government accountability, secrecy and surveillance, Freedom of Information Act, open government initiatives, privacy enhancing technologies, anonymity and identity, trans border data flows, radio frequency identification (RFID), biometrics, Civil Society, World Summit on the Information Society, United Nations Information and Communications Technology Task Force, ICANN, and UNESCO. See, conference web site. Location: Washington Club, 15 Dupont Circle.

Deadline to submit comments to the Federal Trade Commission (FTC) for its June 21, 2004 workshop on the uses, efficiencies, and implications for consumers associated with radio frequency identification (RFID) technology. See, FTC web page for this workshop, and notice in the Federal Register, April 15, 2004, Vol. 69, No. 73, at Pages 20523 - 20525.

Extended deadline to submit comments to the Federal Trade Commission (FTC) regarding its April 19, 2004 workshop titled "Monitoring Software on Your PC: Spyware, Adware, and Other Software". See, notice in the Federal Register, April 1, 2004, Vol. 69, No. 63 at Pages 17155 - 17156.