Communications Litigation Today was a service of Warren Communications News.

Martin Order Would End Interference Temperature Proceeding

Chmn. Martin is circulating an order to pull the official plug on a proceeding on “interference temperature” as an aid for measuring and managing interference, which might have opened more spectrum for unlicensed use. The proceeding, like one on cellphones aboard commercial flights, dated to Chmn. Michael Powell’s tenure. Using interference temperatures was urged by the Commission’s Spectrum Policy Task Force.

“That proceeding died a long time ago,” lawyer Scott Harris said: “It’s good government to make it official.” A 2nd source said: “It died when Chmn. Powell walked out the door.”

In time, the concept will come back, Paul Kolodzy, who led the spectrum policy task force, told us: “It’s disappointing that they could not move forward to define an interference metric in order to provide more clarity to the license holders as well as the potential new entrants.”

The FCC sought input on using interference temperatures in a Dec. 2003 notice of inquiry, citing potential to shift interference assessment “based on transmitter operations, to an approach that is based on the actual radiofrequency environment, taking into account the interactions between transmitters and receivers.”

The Office of Engineering & Technology proposed testing the concept in what it termed noncontroversial bands -- the fixed (FS) and fixed satellite service (FSS) uplink band at 6525-6700 MHz and the FS, FSS, and BAYCARS bands at 12.75- 13.25 GHz (excluding 13.15-13.2125 GHz).

Most in industry slammed the proposal. “Virtually all commenters, representing the gamut of the telecommunications industry -- including unlicensed device interests -- conclude that the FCC should not pursue the… concept,” Sprint said. NTIA also voiced concern.

In an interview before becoming chairman, then-Comr. Martin questioned the interference temperature concept (CD Oct 18/04 p3), saying the FCC must be “cautious about mandating interference temperature concepts… and careful in our decision-making.”