FCC Waiver Request Overview

1. Project: IEEE 802.15 Working Group for Wireless Personal Area Networks (WPANs) Submission Title: [FCC Waiver Request Overview] Date Submitted: [14Nov2004] Source: [John Barr] Company [Motorola] Address [1303 E. Golf Road, Schuamburg, IL 60196] Voice:[+1 847 576-8706], FAX: [+1 847 576-6758], E-Mail:[John.Barr@Motorola.com] Re: [] Abstract: [Overview of the MBOA SIG Waiver Request and background of FCC waiver processing.] Purpose: [Provide information about regulatory approval status of Merger Proposal #1.] Notice: This document has been prepared to assist the IEEE 802.15. It is offered as a basis for discussion and is not binding on the contributing individual(s) or organization(s). The material in this document is subject to change in form and content after further study. The contributor(s) reserve(s) the right to add, amend or withdraw material contained herein. Release: The contributor acknowledges and accepts that this contribution becomes the property of IEEE and may be made publicly available by 802.15. Dr. John R. Barr, Motorola

2. MBOA SIG Waiver Request • Official FCC Record: • http://gullfoss2.fcc.gov/cgi-bin/websql/prod/ecfs/comsrch_v2.hts?ws_mode=retrieve_list&id_proceeding=04-352 • Timeline: • 26Aug2004 – MBOA SIG Leadership files petition to FCC requesting “a waiver of certain measurement procedures and policies for MB-OFDM ultra-wideband devices.” • Intel, TI, Staccato, Alereon, and Wisair • Purpose is to allow MB-OFDM a “level playing field” • 30Aug2004 – FCC Issues DA-04-2793 opening a 30-day comment window followed by a 15-day reply window inviting comments on the waiver request. • Comments due 29Sept2004, Replies due 14Oct2004 Dr. John R. Barr, Motorola

3. Summary of 29Sept Comments • Against grant of the waiver: • Motorola, Freescale, C-Band Coalition, Satellite Industry Association, Pulse~LINK, Time Derivative, decaWave, Cingular • For grant of the waiver: • WiMedia Alliance, Renesas, Time Domain, Philips, Focus, Cetecom, HP, WiLinx, Alereon, and Harris • Other correspondence: • MBOA meeting (TI, Intel, Staccato) 23Sept2004 • Motorola presentation 28Sept2004 Dr. John R. Barr, Motorola

4. Issues Raised Against Waiver (1) • Doesn’t meet minimum bandwidth requirement (MOT) • Not representative of all MBOA SIG members (Time Derivative, Pulse~LINK) • Current test procedures DO apply to MB-OFDM (PL) • Creates unfair advantage FOR MB-OFDM devices (PL, TD) • Increases interference (PL, TD, SIA) • Inconsistent with Telecommunications Act of 1996 (PL, TD) • “without regard to any specific technology” • Changes the rules for small companies not aligned with the MBOA-SIG (PL) • FCC rules DO apply to MB-OFDM waveform (Cingular, TD) • Develop appropriate test procedures (Cingular, TD) • Burst pulses of MB-OFDM cause large number of symbol errors in many systems (SIA, CBC) • Current rules still to be proven. Accepting a waiver has not been adequately analyzed. (FSL, MOT) • Petition does not prove that approval will serve the public interest. (Cingular, FSL) Dr. John R. Barr, Motorola

5. Issues Raised Against Waiver (2) • FCC does not have any evaluation of different measurement procedures requested by the petition. (Cingular) • Should be done via rulemaking, not as a waiver. (Cingular) • FCC previously stated that changes should be based on commercially available products, which have not yet been provided. (MOT) • Current rules do not prevent deployment of devices based on MB-OFDM technology. Current measurement procedures can be applied. (MOT) • Petitioner has not demonstrated lack of interference of commercially available products with all of the incumbent spectrum users. (MOT) • Measurement techniques used by the MBOA SIG were flawed. (CBC) • Granting waiver would disadvantage conforming UWB devices that also transmit in bursts, but cannot average power. (FSL) • No innovative products or services require the waiver. Three of the four technical points claimed to improve performance are wrong. The fourth claim regarding “flexibility in balancing performance against implementation complexity” is not clearly explained. (FSL) Dr. John R. Barr, Motorola

6. Timeline Continued • MBOA SIG asks for 7 day extension to reply period due to complexity of waiver objections • Reply comments due on October 21 • FCC TAC meeting on October 27 includes discussion of UWB applications and options • 3Nov04 – TI, Intel, Staccato, and Philips meet with FCC OET • 5Nov04 – Freescale meets with FCC OET Dr. John R. Barr, Motorola

7. Summary of October 21 Comments • Against grant of the waiver: • Freescale, Motorola, decawave • For grant of the waiver: • MBOA SIG Dr. John R. Barr, Motorola

8. Additional Issues Raised • Denial of the petition would not disadvantage the manufacturers of MB-OFDM devices as they would be free to release products under the current rules • CEO of Staccato: “Will not impact product plans” (IEEE 802.15.3a meeting in Berlin) • Stephen Wood of Intel: “Will not change product plans of MBOA SIG members” (answer to question posed by Ed Thomas at 27Oct04 FCC TAC meeting) • Limited support from MBOA SIG members shows lack of industry support: • MBOA SIG members objected to the waiver petition and only 12 comments supported the waiver. • Technical support based on APD plots is insufficient to characterize the interference potential of MB-OFDM devices. (FSL) • No valid test results using commercially available products (MOT) • Possible threat to 4.9 GHz public safety and DSRC services at 5.9 GHz. (FSL) • Close proximity MB-OFDM systems can operate simultaneously on bands not used by other devices which raises victim interference. (FSL) Dr. John R. Barr, Motorola

9. MB-OFDM Waiver Request Dr. John R. Barr, Motorola

10. DS-UWB 1-unit Dr. John R. Barr, Motorola

11. Aggregation of MB-OFDM Signals Dr. John R. Barr, Motorola

12. DS-UWB: 3 close devices Dr. John R. Barr, Motorola

13. Conclusions • Under waiver: • Multiple MB-OFDM units together exceed limits by 5-6 dB • Grant of the waiver makes it possible regardless of whether the MBOA SIG claims their devices will not be designed to do this • The waiver is not justified: • MBOA SIG has failed to carry its burden of proof that the waiver is of public interest • MBOA SIG has not resolved doubts as to increased interference • MBOA SIG has not resolved doubts as to performance advantage • A waiver gives discriminatory preference to MB-OFDM • MBOA SIG told the TAC that denial of the waiver will not disrupt their marketing plans • A waiver effectively raises emissions limits • This should be done only through a transparent rulemaking, if at all • Existing spectrum licensed users do not support the waiver • Even if the waiver is granted, it will be a footnote to the current rules that can be removed after further review. Not good for long term business plans. Dr. John R. Barr, Motorola

14. IEEE 802.15.3a Impact • Products using DS-UWB technology have already been approved by the FCC. • Products using MB-OFDM technology (when available) can be approved by the FCC using current rules: • MBOA SIG waiver petition admits that the current rules do not allow testing with frequency hopping on • Must turn frequency hopping off • Reduces power level by 5.9 dB • Performance of FCC compliant MB-OFDM devices will not meet IEEE 802.15.3a technical requirements (“A bit rate of at least 110 Mb/s at 10 meters is required at the PHY-SAP.” 03030r0P802-15_TG3a-Technical-Requirements.doc) • Regulatory approval required (“The alt-PHY standard will comply with necessary geopolitical or regional regulations.” 03030r0P802-15_TG3a-Technical-Requirements.doc) Dr. John R. Barr, Motorola

15. Waiver Granted Incumbent spectrum users file complaints with FCC due to extra interference No guarantee that the waiver will remain in force after additional review Further review under NPRM Business plans subject to uncertain regulatory approval Non-US regulatory bodies avoid FCC rules Merger #1 and #2 proposals meet 802.15.3a requirements Fewer UWB devices may get deployed in the market due to regulatory uncertainty Waiver Denied MBOA SIG members go forward with product plans Merger #1 proposal does not meet 802.15.3a requirements Merger #2 proposal does meet 802.15.3a requirements No regulatory uncertainty Lots of UWB devices get deployed in the market Two Futures Dr. John R. Barr, Motorola