BEFORE THE
FEDERAL COMMUNICATIONS COMMISSION

In the Matter of Unlicensed Operation
in the TV Broadcast Bands, ET Docket No. 04-186

Additional Spectrum for Unlicensed Devices
Below 900 MHZ and in the 3 GHz Band, ET Docket No. 02-380

TECHNICAL COMMENTS OF
NEW AMERICA FOUNDATION,
Dr. Michael J. Marcus, Sc.D
Dr. Robert Brodersen
Dr. Timothy X. Brown
Dr. Paul Kolodzy
Dr. Andrew Lippman
Sascha Meinrath
Dr. Marvin A. Sirbu
Haiyun Tang

INTRODUCTION

These comments are submitted to the Commission by New America Foundation and the expert parties listed on the first page (collectively "NAF, et al.").Appendix I gives a brief summary of each of the parties signing these comments. NAF, et al. has participated in this proceeding since its formal initiation, and prior to that participated in the dialogue with FCC staff and the FCC Spectrum Policy Task Force that preceded the initial NPRM. NAF, et al. applaud the Commission for its well thought out and bold decision in the First Report and Order and Further Notice of Proposed Rulemaking (FNPRM) adopted on October 12, 2006.Despite the apparently confusing and contradictory claims in the record, the Commission made three clear findings that agree with our previous filings:

[T]hat the record and information developed in response to the Notice of Proposed Rulemaking in this proceeding supports a conclusion that low power devices can generally be allowed to operate on TV channels in areas where those frequencies are not being used for TV or other incumbent licensed services if such devices comply with appropriate protective measures for ensuring that they do not cause interference to already authorized services. [1]

We find that allowing low power devices to operate in the TV bands on frequencies that are not being used by authorized services could have significant benefits for the public by enabling the development and operation of new wireless communications devices and systems that would promote access to broadband internet and other services.[2]

[U]pon completion of the DTV transition, there will be significant unused TV spectrum available in many areas in the country, either because of the separations required between authorized stations to avoid interference or because available TV channels have not been assigned and other services are not using vacant channels.[3]

In these comments NAF, et al. address the issues raised in the FNPRM.We believe that it is in the public interest that the proposed access to unused TV band frequencies by what the Commission has termed "TV band devices" should be unlicensed.The detailed justification for this is contained in a separate non-technical filing that New America Foundation is making in this proceeding.In this document, we explain the key conditions needed if the Commission decides to make some or all TV band use subject to license.We describe some of the reasons that auctions and exclusive licensing are extremely problematic in this band. We also address why all three technical alternatives for interference avoidance proposed in this proceeding are indeed feasible, and how these technologies can be combined to ensure the non-interfering use of Channels 14-to-20 both for fixed and mobile devices.

To view the NAF, et al. Technical Comments in full, please see the PDF documents linked below.