IEEE-USA asked the FCC for a declaratory ruling...
IEEE-USA asked the FCC for a declaratory ruling that all petitions or applications for technologies and services in spectrum above 95 GHz be “classified presumptively” as “a new technology or service” under Section 7 of the Communications Act. If so…
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classified, the FCC would have 12 months to review any application “and the burden is placed on opponents to show that the new technologies or services are not in the public interest,” IEEE said (http://bit.ly/HHmb8R). IEEE said it wants to address a gap in FCC rules. “At present, no FCC service rules address any applications or services that utilize spectrum above 95 GHz,” IEEE said. “The only use permitted for this portion of the spectrum is with experimental licenses -- a regulatory consequence of the current limitation. Such limitation precludes private-sector capital investment necessary for developing long-term commercial opportunities. The consequences create major uncertainties that inhibit both innovations in the short-term and long-term public and private benefits to society.” The FCC’s Table of Allocations extends up to 275 GHz, but its radio service rules end at 95 GHz, IEEE notes. “While the Commission provides for experimental radio uses under Part 5 of its rules on any radio frequency, such an experimental authorization limits the scope and ability to access markets for innovative radio products and services due to the requirements of Sections 5.51, 5.111, and 5.1l3 that limit Part 5 licenses to valid experiments and prevent normal marketing."