Unlicensed to Kill: A Brief History of the Part 15 Rules

1. Unlicensed to Kill:A Brief History of the Part 15 Rules Kenneth R. CarterSenior Consultant THE GENESIS OF UNLICENSED WIRELESS POLICY An Information Economy Project Conference George Mason University School of Law April 4, 2008

2. Agenda • Unlicensed Rules Generally • The History of the Part 15 Rules • Origins of the Rules Governing Unlicensed Devices • The Evolution of the Part 15 Rules • More Room for Unlicensed Operation – Into the Future • Spectrum Policy Lessons from Its History

3. Unlicensed OperationNo such thing as “Unlicensed Spectrum” • Low Power Operation without a User License • No Vested Right to Continued Operation • May Not Cause Harmful Interference • Must Accept Any Interference • Must Cease Operation if Notified by FCC that Device is Causing Harmful Interference • Must Receive Equipment Authorization before Marketing/Importation “No, Mister Bond, I expect you to accept all harmful interference.”

4. Certification • Unintentional Radiators: devices that generate RF energy internally, or sends RF signals to associated equipment via connecting wiring, but which are not intended to radiate RF energy through the air. Examples include computer CPU boards and power supplies. The components and enclosures of these devices must be shielded sufficiently to limit the amount of RF energy that escapes. • Incidental Radiators: devices, like electric motors, that generate radio frequency energy during the course of operation although the devices are not intentionally designed to generate or emit RF energy. • Intentional Radiators: devices that intentionally generate and emit RF energy by radiation or induction. “Now I’ve got to get all these certificated.”

5. Charting Unlicensed Devices RF Devices Part 15 Intentional Radiators Subpart C U-NII Subpart E UWB Subpart F Low Power Transmitters U-PCS Subpart D Garage Door RFIDs Spread Spectrum Motorola Canopy Cordless Phones 802.11b 802.11g 802.11a Blue- Tooth Wi-Fi ISM Part 18 HomePlug

6. Everything leaks spectrum FCC Chief Engineer, Ewell Jett in 1938: No: interference no engineering reason for suppressing their use. No such think as “unlicensed spectrum” Westward migration new bands opened. Bands congested Higher frequencies available History

7. Part 15 Timeline

8. Coordinated vs. Uncoordinated Spectrum Access Regimes

9. FCC Enforcement Case Load 2000 -2003 Unlicensed operators are well behaved spectrum users. Total Case Load = 39,771 0.16% of Total Case Load Source: Enforcement Bureau, FCC

10. Summary Not spectrum policy Address engineering concerns Regulate emissions characteristics Manufacturers have wide latitude and flexibility in devices and services One size does not fit all - there are a variety of approaches. Markets are good servants, but poor masters. “Comes complete with sidewinders, smokescreen, ejection seat, and Bluetooth.”

11. Thank you I  Pussy Galore Alpha is a Greek letter; ALFA is an Italian car I’d rather be spying My other car is a jetpack. It’s not a midlife crisisIt’s a childhood fantasy. I break for supervillains. When rayguns are outlawed, only outlaws will have rayguns Ernst Stavro Blofeld ‘08 wik-Consult GmbH Tel +49 (0) 2224-9225-24 k.carter@wik-consult.comFax +49 (0) 2224-9225-2224 www. wik-consult.com