AMTA Committee on FCC
Compliance and Licensing
FCC Regulation of Outdoor
Antenna Testing
One Year Later:
More Grants/More Conditions
FCC & Outdoor Testing
One Year Later: More Grants/More Conditions
Committee Co-Chairs
Jeffrey Rummel FCC Regulatory Attorney, Arent Fox LLP
(202) 715-8479; Rummel.Jeffrey@ArentFox.com
Jeff Kemp Senior Researcher, GTRI
(770) 528-7664; Jeff.Kemp@gtri.gatech.edu
Tracy Johnson Range Manager, BAE Systems
(603) 885-4650; Tracy.Johnson@baesystems.com
Review: Why License With FCC?
• Statute – Title 47 – Communications Act
• Regulations – Parts 2, 5 of FCC Rules
• Prevention of Interference to:
– Military’s Use of DoD Frequencies
– Civilian (FAA) and DoD Air Traffic
– Commercial Telecommunications
• The FCC’s Authority to Fine Operators
• Avoid Breach of Government Contracts
Review: What to License?
• “Experimental Licenses” – FCC Part 5
• Virtually All Outdoor RF Emissions
• Even Most Low Power Operations
• FCC Part 5 – Licenses Appropriate for:
– “Experimentations in scientific or technical radio research”
– “Experimentations under contractual agreement with the
United States Government”
– “Communications essential to a research project”
– “Technical demonstrations of equipment or techniques”
One Year Ago:
Terrible Processing Delays
• FCC Experimental Branch Short-Staffed
• Old Applications Unprocessed
• Glut of New Applications Filed By Industry
• New Software Not Yet Implemented
Today:
Processing Much Improved
• FCC Hired New, Attentive Engineers
• Old Applications Finally Being Processed
• New Filings Handled w/ New Software
• Both STA Requests
and 2 Year Applications
Now Addressed in Real Time!
Application Grant Statistics:
Last Year/This Year
STA Grants
• Jan-Oct 2007: 2
• Jan-Oct 2008: 282
2 Year License Grants
• Jan-Oct 2007: 159
• Jan-Oct 2008: 218
Despite Improvements
Filing Early Is Critical
• Immediately upon ID of IR&D Effort
• When Supporting Government Contracts:
– Prior to Bidding? During RFP Process?
– Immediately After Contract Award?
– To Support Systems Design Testing?
– Pre-Delivery Customer Demos.?
– Post-Delivery Re-Design, Maintenance,
Modifications ?
File Early:
Post-Grant Conditions
Streamlined Processing Has Its Costs:
Increased, Complex Post-Grant Conditions
Examples:
• Operation is subject to prior coordination with the Associated Public Safety
Communications Officers, Inc. (APCO); ATTN: Ronald Haraseth; 351 North
Williamson Blvd.; Daytona Beach, FL 32114-1112; Telephone: (386) 322-2500.
• Operation is subject to prior coordination with the Society of Broadcast
Engineers, Inc. (SBE); ATTN: Executive Director; 9247 North Meridian Street, Suite
305; Indianapolis, IN 46260; telephone, (866) 632-4222; FAX, (317) 846-9120; e-
mail, executivedir @ sbe.org; information, www.sbe.org.
• Operation in the 824-849 or 869-894 MHz band requires consent of local cellular
licensee(s) to avoid interference.
• Operation in the 1850-1910 or 1930-1990 MHz band requires prior frequency
coordination with 2 GHz microwave users and consent of PCS licensees to
avoid interference.
• Operation is subject to prior coordination with Part 22, Part 24, Part 27, Part 90 and
Part 101 licensees to avoid interference.
Post-Grant Conditions
• Don’t Be Bullied:
– Obtaining Consent Does Not Require
Payments/Pay-Offs to Existing Licensees
• Establish Relationships with Coordinators:
– They are on Your Side
• Budget for Coordination Fees
Lesson: FCC Conditions
Make Filing Decisions Critical
• Special Temporary Authority (STA)
– Significant processing advantages
– 6 month experiment (what does that mean)
• Two Year License?
– Ability to Renew
• !!Converting STAs to 2 Year Licenses!!
• Expedite Requests
Lesson: FCC Conditions
Require Knowledge of the Process
• Inter-Governmental Coordination:
– Pre-Coordinate with FAA when appropriate
– Anticipate and negotiate the common
objections of FCC, FAA, NTIA, and armed
services’ SMO’s
– Know who to call at each agency when there
is a problem or a timing issue
How To License?
• Interactive FCC Filing Software - ELS
• Information Needed:
– Applicant name and address
– Frequency information; maximum RF output power at the transmitter
terminals; maximum ERP from the antenna
• Type of emission separately for each frequency
– Street address/geographical coordinates (north & west longitude)
– Width of beam in degrees at ½ power point
– Orientation in horizontal/vertical plane
– Description of “complete program of research and experimentation”
• Review by FCC/FAA/NTIA and FAA
• Approval can be significantly delayed if information not completed
correctly
Discussion
Do You Fully Understand the FCC’s Rules?
Are You Properly Licensed?
(What Additional Information Do You Need To
Determine Whether You Are Compliant?)
How Can The FCC Process Be Improved?
Thank You!
What RF Emissions Can Be Regulated?
• Reception of RF Emissions CANNOT be
Denied and is not Regulated
– Exception – cellular phone calls
• Emission of RF signals are Regulated With
Licenses and Permits
– RF emission parameters
• Access to equipment capable of RF emissions
(Satellite)
• Construction of Towers or Facilities That
House RF Equipment
– Antenna Structures
Why Regulate RF Emissions?
• Provide Order for Operation of RF Systems
– Minimize interference between RF systems
– Maximize efficiency of frequency spectrum
– Prioritize among users and circumstances
• Promote Commerce and Industry
– Enhance communication and information
transfer
• Promote Public Welfare and Safety
– Provide reliable and safe communications for
normal operations and emergency conditions
Who Regulates the Spectrum in
the United States?
Created in 1978
Note: Non-Federal Government Users That Are Performing Work For The
Federal Government Still Fall Under The Jurisdiction Of The FCC
GTRI Electromagnetic Test
Facility Operational License
Note: Not All Frequencies Are
Allowed And ERP Is Limited,
But No Radiation Pattern
Restrictions Are Listed
Note: ERP = Transmit Power
* Antenna Gain
What If Testing Is Needed at Higher Power
or Non-Approved Frequencies?
• FCC Form 442 – New License or Modification to Existing
License
• Information Needed
– Applicant name and address
– Particulars of operation
• Frequency information; maximum RF output power at the transmitter
terminals; maximum ERP from the antenna
• Type of emission separately for each frequency
– Street address and geographical coordinates to the nearest second (north &
west longitude).
– Width of antenna beam in degrees at the half-power point:
and orientation in horizontal plane: vertical plane:
– The complete program of research and experimentation proposed, including
description of equipment and theory of operation
• Approval time usually requires 30 to 60 days minimum
– But can take up to several months