Testing Newly-Approved Technologies: Challenges and Solutions

Mitchell Lazarus

703-812-0440 | lazarus@fhhlaw.com

April 10, 2014

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Innovator’s Tasks

1. Invent device

2. Obtain FCC waiver or rule change can entail substantial delay:

technical waiver takes about 2 years technical rulemaking takes 2-5 years

3. Obtain FCC certification can take several more months.

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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.

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Consequences of Delay

technology becomes outdated investors pull out customers go elsewhere key employees leave businesses fail people die.

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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 …

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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.

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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.

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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.

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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).

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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.

Frequency < 30 MHz > 30 MHz

Distance 30 Meters 10 Meters

Extrapolation

40 dB/decade 20 dB/decade

ImplicationPoint source

(1/r²)Line source

(1/r)

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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).

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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.

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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 …

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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 amateurs strongly opposed FCC authorized.

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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 …

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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).

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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.

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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.

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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.

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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.

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Questions?

Mitchell Lazarus

703-812-0440 | lazarus@fhhlaw.com