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Testing Newly-Approved Technologies: Challenges and Solutions Mitchell Lazarus

Testing Newly-Approved Technologies: Challenges and Solutions Mitchell Lazarus 703-812-0440 | lazarus@fhhlaw.com April 10, 2014. Innovator’s Tasks. Invent device Obtain FCC waiver or rule change can entail substantial delay: technical waiver takes about 2 years

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Testing Newly-Approved Technologies: Challenges and Solutions Mitchell Lazarus

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  1. Testing Newly-Approved Technologies: Challenges and Solutions Mitchell Lazarus 703-812-0440 | lazarus@fhhlaw.com April 10, 2014

  2. Innovator’s Tasks • Invent device • Obtain FCC waiver or rule change • can entail substantial delay: • technical waiver takes about 2 years • technical rulemaking takes 2-5 years • Obtain FCC certification • can take several more months.

  3. Delays Due to Testing • New technologies may require new compliance test procedures • Even after FCC settles on procedures: • FCC may want to try out procedures • labs and TCBs will consult with FCC on how procedures work • client may have last-minute design issues, e.g.: • needed test modes missing from device software • problems with out-of-band emissions • commercial labs may have to acquire equipment, train personnel • testing takes longer than for established technologies.

  4. Consequences of Delay • technology becomes outdated • investors pull out • customers go elsewhere • key employees leave • businesses fail • people die.

  5. Rulemakings for New Technologies • Outcomes apply to everyone • Legal processes are uniform • set by Administrative Procedure Act • public comment (nearly) always required • Test procedures usually considered along with technical rules • often topic of public comment • sometimes topic of vigorous dispute • Rulemaking examples …

  6. Level Probing Radars – 1 • Measure quantity of materials, liquid depth outdoors • wideband operation • traditional rules set limit on transmitted (downward) emissions • interference arises from scattered (horizontal) emissions • difficult to measure reliably.

  7. Level Probing Radars – 2 • New rules require boresight measurement • seeking max. horizontal emissions of –41.3 dBm • boresight emissions limits exceed that level by 22–38 dB, depending on band • allows for losses due to scattering, etc. • Authorized in three bands: 5.925–7.25, 24.05–29,75–85 GHz • Rules took effect April 7 • FCC lab issued detailed draft KDB.

  8. Broadband over Power Line – 1 • Communications over power distribution lines at 1.7-80 MHz • regulated devices: couplers take signal off line, feed to premises • typically one coupler per 3-8 houses • only one coupler per several blocks works at one time • Compliance testing inherently difficult • FCC requires testing in situ: low signal, high noise • Detailed testing guidance in Report & Order • FCC engineers worked at manufacturers’ prototype houses.

  9. Broadband over Power Line – 2 • Amateur radio licensees and ARRL filed 6,000+ oppositions: • claimed power lines act as city-sized antennas • BPL providers argued that couplers act as isolated point sources • agreed to rules that turn down or turn off couplers that cause interference • Timetable: • 2003-04-28 Notice of Inquiry • 2004-02-23 NPRM • 2004-10-28 Report and Order (18 months after NOI) • 2006-08-07 Order on Reconsideration • 2006-08-28 first certification (22 months after R&O).

  10. Broadband over Power Line – 3 • Dispute throughout proceeding over extrapolation factor: • Amateur radio interests favored 20 dB/decade at all frequencies • challenged 40 dB/decade in U.S. Court of Appeals • court sent back to FCC for second look • FCC reaffirmed.

  11. Ultra-Wideband • Authorized low-emission signals over very wide bandwidth • eight types of devices; each has different rules • max emissions for any device in any band: –41.3 dBm/MHz • lower in some bands • Testing challenges • Class B digital emissions can exceed intentional emissions • FCC specified procedures to isolate digital emissions • GPS band emissions as low as –85.3 dBm • Timetable: • 1998-09-01 Notice of Inquiry • 2000-05-11 Notice of Proposed Rulemaking • 2002-04-22 First Report and Order (44 months after NOI) • 2002-09-12 first certification (5 months after R&O).

  12. TV Band (“White Space”) Devices • Downside risk: interference to broadcast TV, other services • FCC proceeded with great caution: • multiple successive rule modifications • live field tests in multiple kinds of environments • highly detailed test procedures • initial roll-outs limited to small areas • live, public testing of candidate database managers • Timetable: • Dec. 2002: proceeding began • Dec. 2012: first large-scale roll-out (after 10 years) • so far only fixed devices have been certified.

  13. Waivers for New Technologies • Process driven by waiver proponent • no required procedure; can vary • FCC usually seeks public comment • waiver initially applies only to company that asked for it • central issue is usually technical rules • FCC may not look at compliance testing until prompted by client (or TCB) • Examples …

  14. Surveillance Robot – 1 • Police surveillance robot • steered by remote control • transmits analog video back to controller • manufacturer sought 430-448 MHz (federal radar & amateur) • dozens of police departments wrote to the FCC in support • amateursstrongly opposed • FCC authorized.

  15. Surveillance Robot – 2 • Timetable: • 2008-01-11 waiver requested • 2010-02-23 waiver granted (25 months after request) • 2010-04-22 certification granted (two months after waiver) • 2012-02-06 first licenses granted (21 months after certification) • Licensing delay due in part to challenges to certification …

  16. Surveillance Robot – 3 • First model had B/W video, no sound • measured bandwidth per required procedure: 100 kHz • Opponents: analog video is “inevitably on the order of 5.75 MHz” • demanded that certification be set aside • FCC retained certification, granted licenses (after delay).

  17. Airport Body Scanners – 1 • Uses fast sweep 24.25–30 GHz • sweep takes 5.2 microseconds • (pauses for 2.6 microseconds) • sweep repeats twice for each of 192 antennas on vertical mast • mast sequence repeats for each of 210 rotating mast positions • complete scan uses 80,640 sweeps • takes less than 2 seconds (including mast rotation) • software processes reflections into image.

  18. Airport Body Scanners – 2 • Compliance issues: • Sec. 15.31(c) requires measurement with sweep stopped • Sec. 15.35(b) sets 20 dB peak-to-average limit • FCC waived both rules. 17

  19. Airport Body Scanners – 3 • Timetable: • 2004-08-18 waiver requested • 2006-08-04 waiver granted (24 months after request) • 2006-08-22 certification granted (18 days after waiver) • FCC allowed certification process to begin while waiver was pending • FCC conducted tests at Columbia lab • waiver order had detailed guidance on testing.

  20. Conclusion • Delays are reduced when rulemaking or waiver order has clear guidance on testing • How labs and TCBs can help innovators: • if asked, become involved early • deal with the right person at the client (not the lawyer) • the client may not know what services they need; tell them • and may not know what information you need; ask them • be creative on test procedures • if guidance is needed, go to the FCC promptly • for novel questions, KDB may not be the best place to start • but if rules and procedures are clear, do not ask the FCC • Time is always critical.

  21. Questions? Mitchell Lazarus 703-812-0440 | lazarus@fhhlaw.com

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