The FCC rejected a challenge by ARRL, the National Assn. for Amat...

protests by Apple Computer, Cisco, Microsoft and T-Mobile USA, which argued the proposal would create a “bureaucratic nightmare” for the FCC by significantly altering the regulatory regime that had given rise to cordless phones and broadband wireless networks. ARRL contended that unlicensed point-to-point operation in that band at certain permissible power levels would create substantial interference potential to licensed amateur services. The agency disagreed and said it found the rest of the group’s petition “to be without merit.” The Commission affirmed its core technical finding that devices with field strengths up to the level outlined in the rules that met directional antenna requirements could operate under Part 15 rules at 24 GHz. “Devices operating within these requirements will not increase the interference potential to licensed amateur services in the band,” the FCC said. The use of a directional antenna would change the shape of the radiated field, but wouldn’t increase the total geographic area covered by the signals, it said. The order cited other proceedings that “find that a directional antenna requirement would ensure that the area over which harmful interference can occur is equivalent to what would be caused by a transmitter using an omnidirectional antenna operating at a lower output level.” The FCC said ARRL hadn’t offered new information on the interference potential. “Bare disagreement, absent new facts and arguments, is insufficient grounds for granting reconsideration,” the agency said. Because it didn’t agree with ARRL’s arguments on significant interference potential, the Commission said it didn’t have to address the statutory argument raised by ARRL on Sec. 301 of the Communications Act. The group had contended that Sec. 302(a) gave the FCC jurisdiction to limit the interference potential of radio frequency devices of all types at the manufacturing stage. If the agency can’t ascertain that unlicensed Part 15 devices that seek to operate in bands allocated to licensed radio services won’t cause harmful interference, those devices have to be licensed under Sec. 301, ARRL said. “The technical operating parameters adopted in the report and order are designed to ensure that the interference risk will not be increased to licensed amateur services and we affirm that the rules adopted in the report and order are reasonable for regulating the unlicensed operation that was authorized under Part 15 in this proceeding,” the order said.