XtremeSpectrum opposed an ultra-wideband (UWB) challenge at the F...
XtremeSpectrum opposed an ultra-wideband (UWB) challenge at the FCC filed by Cingular, which urged the agency to reconsider its decision to allow unlicensed UWB operation under Part 15. Cingular had argued that the Commission’s UWB decision ran counter to…
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Sec. 301 of the Communications Act, which bars wireless transmissions without a license and requires a license for all low-power transmission. Cingular said that meant the FCC couldn’t authorize UWB operations on an unlicensed basis. XtremeSpectrum contended Cingular’s petition for reconsideration should be rejected as repetitious because the Commission already had dismissed an earlier petition raising similar issues from Cingular and other challengers. Because a subsequent UWB order didn’t adopt the modifications Cingular sought in its initial challenge, XtremeSpectrum said the latest petition also should be dismissed: “Cingular cannot support a second reconsideration by criticizing the Commission’s denial of its first one.” XtremeSpectrum countered Cingular arguments that the FCC had ignored recommendations of its Technological Advisory Council and a legal argument that unlicensed operation such as UWB was beyond the agency’s statutory authority. Those points could have been raised earlier in the proceeding, XtremeSpectrum said. “The Commission should not allow Cingular to extend this proceeding by doling out its arguments through multiple reconsideration cycles,” it said. XtremeSpectrum sought dismissal of a Satellite Industry Assn. petition on similar grounds.