Articles Posted in Spectrum

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December 2009
Earlier this week, the FCC released a Public Notice seeking “specific data on the use of spectrum currently licensed to broadcast television stations.” According to the Public Notice, in other proceedings related to the FCC’s development of a National Broadband Plan some commenters “have expressed concern that the United States will not have spectrum sufficient to meet the demand for wireless broadband services in the near future and have urged the Commission to make available more spectrum for commercial uses.” In response, the Public Notice states that “the FCC is reviewing various spectrum bands to understand if all or a portion of the spectrum within these bands could be repurposed for wireless broadband services.”

The Public Notice assumes that existing allocations are insufficient to meet the growing mobile broadband market, and that spectrum must be reallocated to meet this demand. The questions and issues posed in the Public Notice (re-printed below) are probing and complex, questioning whether broadcast television should be “diminished,” whether multiple broadcasters can “share” a 6 MHz channel, whether the FCC can reduce the amount of spectrum assigned to advanced television licensees and what actions, including adoption of receiver standards, the FCC might take to enable broadcasters to make more efficient use of their spectrum.

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June 2008
The FCC has long permitted devices employing relatively low level radio frequency signals (“Part 15 devices”), such as garage door openers, cordless telephones, personal computers, and computer peripherals, to be operated without the need for a spectrum license. While such operations are unlicensed, the devices themselves are not unregulated. The FCC’s rules require that the manufacturer or importer of such devices (the “responsible party”) obtain equipment authorization before marketing any such device in order to minimize the potential for harmful radiofrequency interference. Failure to obtain proper equipment authorization can result in monetary forfeitures and/or other sanctions. The FCC routinely investigates Part 15 rule violations and, as an example, recently issued a notice of apparent liability in the amount of $1,000,000 against one alleged violator.

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