Selected Comments: NII Band/SUPERNet [FCC filings]

[David Farber <farber () central cis upenn edu>]

From: bkobb () newsignals com (Bennett Z. Kobb)


Selected Comments on the Apple NII Band and WINForum SUPERNet
Petitions, from the Files of the Federal Communications Commission


Excerpted by Bennett Kobb


I tried to include the most revealing, distinguished, inflammatory, or
technically intriguing quotations in comments filed at the FCC as of
July 11. No endorsement of these comments by Spectrum Guide is
implied.


Interested parties should note that, absent any formal Extension of
Time, Reply Comments are due at the FCC by the close of business July
25, 1995.


AMERICAN RADIO RELAY LEAGUE


"[T]he longer-distance communications described in the Apple petition
should be accomplished by use of licensed services, such as fixed,
point-to-point microwave, for community networking and similar
applications. Alternatively, PCS and existing wireline and wireless
service providers can fulfill the same functions envisioned by Apple.


"Apple envisions a radio service occupying 300 MHz of valuable
microwave spectrum which has no regulation at all, save for some vague
inter-device compatibility based on packet protocols, which will
substitute for frequency assignments, coordinated operation, and any
medium access or frequency re-use regulation. ...


"[T]he Apple petition, though it offers a thoughtful concept, is not
ready for serious consideration by the Commission. It is as if Apple
is saying to the Commission: 'We have a good idea, but we don't know
whether or not it will work; you figure it out, but don't postpone
making the allocation in order to do so; we want it now.' The petition
is defective and must be dismissed."



--


APPLE COMPUTER


"The Commission's obligation to allocate spectrum in the public
interest cannot be 'delegated' to an auction. The Commission must use
its judgment to determine which spectrum allocations are in the public
interest - for example, as it did recently in allocating spectrum for
global 'Big LEO' satellite systems without relying on an auction. In
addition, auctions are particularly unsuited to determining the value
of unlicensed spectrum. Market-based mechanisms, such as auctions,
universally undervalue public goods (such as unlicensed spectrum)
because, by definition, no entity owns the resource (i.e., has the
right to exclude others) and, therefore, no bidder or group of bidders
has an adequate incentive to pay market value for the resource.


"It has been suggested that a group of manufacturers could join
together and collectively purchase 'unlicensed' spectrum at an
auction. In such a case, however, the spectrum would lose its
essential attribute - it would no longer be open to all users on an
equitable, non-preclusive basis, but rather would be 'owned' by a
group of manufacturers, who might (or might not) permit others to use
it for a fee. By analogy, it would be a country club, not a public
park. And while country clubs have value (at least to those who can
afford to join), they are fundamentally different from public parks."



--


AT&T


"The Commission should not seriously devalue the spectrum it has
already sold or intends to sell by permitting the offering of similar
service by parties who paid nothing for use of spectrum. That
consequence, an easily foreseeable result of adopting the Apple
concept, will jeopardize the ability and incentive of PCS licensees to
construct and operate their networks and offer to the public the
plethora of new services that is the promise of PCS. ...


"The site interconnection required for Apple's community network
proposal is not an optimum use of scarce spectrum available for
wireless operations. Cable, fiber or microwave radio links would be
more suitable.


"While the flexibility afforded by Apple's proposal is attractive,
AT&T is persuaded by WINForum's explanation that channelization
optimizes the usefulness of the spectrum. Moreover, the channelization
suggested by WINForum fosters use of the spectrum for high-speed
transmission: low and medium-speed applications can be served by other
means.


"Apple explains that its NII band permits only what it calls
'connectionless information transport' and that there is no role for
'centralized gatekeepers' or a 'hegemonic controller'. The WINForum
petition does not contain these specifications. While SUPERNet will
often be used for connectionless packet data transmission, some
connection protocols and centralized control aspects may also be
required in order also to permit interactive multimedia applications.


"These questions are not ripe for precise technical resolution at this
time. It is therefore important that the rulemaking which both
Petitions urge not prejudge or preclude industry consensus on
connection and control issues, and thus not adopt Apple's proposal to
exclude possible telecommunications and entertainment industry
applications."



--


CENTER FOR DEMOCRACY AND TECHNOLOGY


"The unlicensed wireless service as proposed in Apple Computer's NII
Band Petition is in the public interest inasmuch as it: 1) promotes
ubiquitous, affordable access to the NII for citizens around the
country, 2) increases the diversity of information sources available
on the NII, and 3) forms a platform for a vibrant new public forum for
political discourse at a local and national level. ...


"We would place special emphasis on the equal access goal cited in
Apple Computer's Petition and would also add an explicit requirement
that NII Band services incorporate bi-directional communication for
all users as a part of the basic service available to individual
users."



--


DUNCAN, WEINBERG, MILLER & PEMBROKE P.C.


"Apple's Petition describes a service that could benefit state and
local government in meeting their communications needs, particularly
because of the capacity of the technology and the equal access to it.
...


"The FCC Public Notice...announcing the receipt of Apple's Petition
and inviting public comments does not effectively put the public on
notice, except as a matter of law. Nor does the notice highlight the
importance of Apple's Petition and encourage input. As a result, the
Commission's processes suffer from lack of participation."



--


FEDERAL AVIATION ADMINISTRATION


"The FAA does not agree that WINForum has made a cast for the
'requirement' for a wireless network. We are also not convinced that
the 5 GHz band is the only location for such a system. ...[T]he
airport environment may be just the place where such devices could
proliferate, causing interference to sensitive navigation systems on
the aircraft moving about on the ground or on final approach. The
potential for interference with critical aeronautical safety of life
navigation systems must be avoided. ...


"With respect to the use of 5 GHz, the microwave landing system (MLS)
is not being phased out by the United States in favor of differential
global positioning system (GPS), as alleged by WINForum in their
petition. In fact, there are plans for at least 26 MLS installations
and possibly many more... In addition, the U.S. Department of Defense
has significant MLS installations."



--


METRICOM


"Metricom is anxious to expand its service offerings and to adapt its
technology to operations in other frequency bands which provide a
friendlier environment and a greater possibility for growth and
expansion than is currently possible in existing unlicensed bands.


"Metricom does not support the WINForum Petition as it does not appear
to favor technical rules that would foster equitable entry and
operation of all types of services."



--


MICROSOFT


"Microsoft believes the initial allocation should be at least 300 MHz
since that will assure an adequate amount of spectrum for initial
applications. Moreover, the Commission must also assure an adequate
reserve of at least 50 MHz so that as usage increases wireless
capacity will make high-speed connections possible (13-26 Mbps) and
wide enough to enable cooperative sharing of frequencies through
spectrum efficient technologies such as variable bit-rate spread
spectrum technology.


"Microsoft also believes that unlicensed frequencies should not be
auctioned but instead should be open to all who seek to use that
spectrum. If access to these frequencies is auctioned, ubiquitous
access to the NII will not happen and will not be available to all at
the lowest cost possible.


"It is premature to specify much about the technology to be deployed.
The allocation approved by the Commission should have a minimal set of
rules attached to it and must be flexible enough to accommodate both
channelized access and broadband spread spectrum techniques. Power and
antenna constraints should be flexible to enable useful coverage areas
so that a single device could provide neighborhood or campus-wide
access or powered at a low level for wireless LAN services. ...


"Microsoft urges the Commission to seize this historic opportunity to
allocate wireless data spectrum of at least 300 MHz with an adequate
reserve. Now is the time to begin a rulemaking to enable the Internet
and electronic information publishing - the 21st century equivalent of
the impact of Gutenberg's printing press - to flourish and empower a
better America."



--


MOTOROLA


"The 5 GHz band appears to be ideal for the next generation of
computer-to-computer communications. There is a significant amount of
spectrum that could be made available with the transition from
aeronautical microwave landing systems (MLS) to differential GPS to
support high data rate communications. Unlike higher bands, the 5 GHz
frequencies also appear to be commercially feasible given the
anticipated state of the art for next generation unlicensed devices.


"As both petitions observe, Europe has already begun the process of
allocating spectrum for, and defining, next generation unlicensed
products. In particular, CEPT has allocated spectrum for HIPERLAN and
recently published an initial proposal for a HIPERLAN protocol. If
domestic companies are to compete for worldwide radio LAN markets, and
if domestic users are to reap the competitive benefits of wireless,
multimedia computer applications, it is critical for the U.S. to take
similar steps."



--


NORTHERN AMATEUR RELAY COUNCIL OF CALIFORNIA


"They are asking permission to create a proprietary network without
paying for it. Other wireless carriers have paid unprecedented sums
for our precious spectrum. If they take the lead role in defining a
transmission system, it would then be patented and licensed to other
users. Nothing wrong with that but their entry into the spectrum cost
them nothing."



--


BRUCE PERENS


"Apple states that the operating conventions and rules for the NII
Band should be developed by the information industry. They ignore that
community radio networks have been operated for 15 years by the
Amateur Service, and that many of the problems of operating such
networks have already been dealt with by Radio Amateurs.


"Although Apple actively cooperated with the American Radio Relay
League during the recent 2400 MHz PCS proceedings, they did not seek
the cooperation of Radio Amateurs by consulting them before filing
this petition."



--


SOUTHERN CALIFORNIA REPEATER AND REMOTE BASE ASSOCIATION


"The petitioner apparently wants to obtain 'free' spectrum for 'free'
and make large amounts of money selling equipment onto what can easily
become a digital CB band. The petitioner apparently wants to
circumvent both the licensing process and the fee process whereby a
commercial use pays some resemblance to both costs and value for the
spectrum.


"The petitioner indicates that the expected cost of the devices for
this band will place them well within reach of individuals with even
modest incomes. The potential for these devices to be sold by the
local computer superstore along with every computer as an inexpensive
way to gain access to the digital network is a scary thought. We urge
the Commission to act to prevent a reoccurrence of the CB horrid mess
from happening to any new unlicensed allocation."



--


TELECOMMUNICATIONS INDUSTRY ASSOCIATION


"Apple contemplates that the NII Band would be used to provide
point-to-point and other services over distances of 10-15 km or more.
...Given the considerable need of mobile users for low frequency
spectrum, the creation of a new low frequency allocation for
short-distance, fixed point-to-point service would be totally
inappropriate and unnecessary. Indeed, there is more than adequate
spectrum allocated for FS [fixed service] in the 18, 23, 28 and 38 GHz
bands to satisfy such mobile user needs. Thus, the proposed unlicensed
point-to-point application specifically must be excluded from the new
mobile service contemplated in the Petitions."



--


WARP SPEED IMAGINEERING


"The rules governing the operation of the NII Band should be broad
enough to encompass a wide variety of wireless devices. While very
high speed devices may be necessary for the implementation of certain
technologies and communications methods, their use in the NII Band
should not be required so as to foreclose the band to other
technologies. For this reason, I feel that the petition filed by Apple
is far superior to that of WINForum. ...


"The important principles embodied in the Apple petition should guide
the Commission in creating an NII Band, particularly if it is to
employ spectrum at 5725-5875 MHz in which both Part 15 and ARS
technologies are currently being developed and deployed. The
combination of adequate spectrum and efficient pragmatic spectrum
sharing rules should create an environment in which this new service
with its innovative technologies could thrive."



--


WIRELESS INFORMATION NETWORKS FORUM


"Both petitions agree that the 5 GHz unlicensed device allocation
should be based on packet-switched model of transmission, with a
protocol governing the interaction of devices used in the band to be
set through an industry consensus process. As the development of the
spectrum etiquette for unlicensed PCS devices demonstrates, however,
refining the details of the protocol is not prerequisite to beginning
the allocation process. ...


"WINForum's advocacy of a new allocation at 5 GHz should not be viewed
as a repudiation of the need for other unlicensed device allocations.
WINForum has been, and will continue to be, a strong supporter of
unlicensed PCS devices in the 2 GHz range, which should soon reach
market.


"However, present allocations are insufficient to support the intense
demands of multimedia technology. WINForum also does not view the
proposed 5 GHz allocation as exclusive with the proposals for
computer-to-computer communications in the bands above 40 GHz.
However, at this time, WINForum does not believe that equipment is, or
will soon be, available to support low cost devices in those regions.
In addition, the bands above 40 GHz, compared with 5 GHz, suffer
tremendous rain fade problems that have yet to admit a technical
solution allowing campus-area unlicensed operation."



--


Bennett Z. Kobb KC5CW      | bkobb () newsignals com
New Signals Press Inc.     | "The new wave isn't value-added;
PO Box 435                 | it's garbage-subtracted."
Falls Church VA 22040-0435 | - Esther Dyson
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