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The FCC's UWB Proceeding: An Examination of the Government's Spectrum Management Process

Subcommittee on Telecommunications and the Internet
June 5, 2002

 

 

Prepared Statement of The Honorable Billy Tauzin

Mr. Chairman, thank you very much for convening this hearing today.  I commend you for tackling this cutting-edge, complex telecommunications issue.  The manner in which ultra-wideband technology is fostered or stifled by government policy has implications both for future technologies and for our nation's spectrum management process. 

Ultra-wideband is an exciting new technology that has many promising applications.  It has fire and rescue applications, as Mr. Nowakowski will describe to us.  It has military applications, as Mr. Price will tell us.  It has vehicular safety applications.  And it has commercial applications. 

The FCC's recent ultra-wideband decision can be called a major step.  It can also be called a baby step.  

The FCC's ultra-wideband rulemaking was a hotly-contested and contentious proceeding.  One could argue that it accurately reflected the give-and-take that we should expect with any new technology that defies the rigid confines in which we have previously categorized energy emissions. 

But that's not quite how I see it.  I watched this proceeding with more than a small degree of horror.  I watched certain government bureaucrats and certain industries try their absolute best to stifle this new technology.  

Ultra-wideband technology terrified some people because it was different.  Whether it was out of competitive concerns or because the technology created intentional emissions where none had previously been encountered, ultra-wideband has been met with the fiercest resistance of any technology in recent memory. 

This leaves us to evaluate where we are now.  We have an FCC order that permits a limited deployment of this new technology.  The commission itself acknowledged just how conservative an approach it was taking:  'we are proceeding cautiously in authorizing UWB technology, based in large measure on standards that the National Telecommunications and Information Administration found to be necessary to protect against interference to vital federal government operations.'  The commission also stated 'we are concerned . that the standards we are adopting may be overprotective and could unnecessarily constrain the development of UWB technology.'  

The FCC had lots of conflicting data upon which to draw its conclusions.  NTIA and other agencies produced mountains of data detailing the potential interference that could be caused by ultra-wideband devices.  And ultra-wideband developers countered with mountains of data regarding why ultra-wideband devices will not cause harmful interference. 

Now, hopefully, we can get to the bottom of the interference debate.  The FCC will conduct its own tests, and conduct them on real devices, not by formulating hypothetical models.  I hope, during the next six to twelve months, the FCC is able to conduct enough real-world testing so that we have solid, real-world evidence as to whether ultra-wideband creates harmful interference in the restricted bands.

"I don't want our military operations to be interfered with, and I don't want planes to fall out of the sky.  But I want real-world evidence that tells us whether ultra-wideband devices, on a stand-alone or cumulative basis, would cause these things to occur.  

I want to make one final comment about the implications of this proceeding on the spectrum management process.  The way this proceeding was conducted makes me nervous about the current state of how we manage spectrum. 

NTIA determined the outcome of this proceeding, and the FCC's order is pretty clear about that.  The commission adopted emissions limits based on levels with which NTIA was comfortable.  

Yes, NTIA manages spectrum for the federal government.  But the FCC is supposed to set the rules for commercial devices, even those that may intentionally emit in the restricted bands.  The FCC is supposed to coordinate with NTIA regarding emissions from commercial entities in the restricted bands.  

But I wonder, and I look forward to testimony regarding, whether NTIA's coordination role was a lot more in this proceeding.  And, if it was, what are the implications of the interaction between the FCC and NTIA for new technologies that might also intentionally emit energy in the restricted bands, or defy current standards in some other way.           

Sound spectrum management involves a balancing of governmental and non-governmental interests.  While balancing these interests always involves policy issues, good spectrum management requires that sound policy be supported by sound engineering.  I look forward to the FCC's ultra-wideband testing, and I hope that it demonstrates that ultra-wideband technology can flourish without causing harmful interference.  This technology has too many promising applications to stifle it based on unfounded, and unproven, concerns.

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