The ARRL Letter
Vol. 14, No. 1
January 12, 1995

Final arguments in 2400-MHz "auction": 
FCC plan wrong, inconsistent, League says

	In a flurry of yearend activity, the ARRL has filed both 
comments and reply comments on an FCC Notice of Proposed Rule 
Making to convert a block of spectrum from federal government to 
commercial use, including parts of the 2400-MHz band shared by 
Amateur Radio on a secondary basis with the government.
	In its voluminous NPRM, the FCC went to great length to 
cite the strenuous arguments submitted earlier by the ARRL against 
the proposal.
	The proposal would allocate 2390 to 2400, 2402 to 2417 
(both shared by amateurs), and 4660 to 4685 MHz, to the Fixed and 
Mobile Services. The FCC is required by the Omnibus Budget 
Reconciliation Act of 1993 to adopt rules for such reallocations 
by February 10, 1995. 
	The FCC admitted during its "inquiry" phase that its 
allocation plan could be made difficult for several reasons, one 
of them being "incumbent amateur users in the 2390-2400 MHz and 
2402-2417 MHz bands."
	The FCC said that parties commenting on its NPRM "should 
address the compatibility of the proposed service with the Amateur 
and other services.
	"We also solicit information," the FCC said,  "on the 
degree of disruption to the Amateur service that would result if 
all or part of this spectrum was removed from the amateur 
service."
Crowding would result
	The FCC noted the League's argument that if amateurs were 
to lose the spectrum in question, along with 2300 to 2310 MHz, 
which is also threatened, the remaining 35 MHz would be 
insufficient for amateur satellite operations, would prevent full-
duplex point-to-point operations in the 13-cm band, would 
eliminate weak-signal operations carried out in that band, and 
would crowd Amateur Service operations in the 13-cm band into the 
least desirable spectrum near the center of the ISM band at 2450 
MHz.
	The FCC also noted comments about the difficulty of 
sharing between commercial licensees and the Amateur Radio 
Service, and that "the Commission has used the continued 
availability to Amateurs of the 13 cm band to justify reallocating 
Amateur spectrum in lower bands to commercial services [ie 220 to 
222 MHz] and that it would therefore be unjust for the Commission 
to now allocate this spectrum for commercial uses."
	On December 19, 1994, the ARRL filed comments on the NPRM, 
asking that the Amateur Service be given primary allocation status 
at 2402 to 2417 MHz, and that it be given at least co-primary 
status at 2390 to 2400 MHz. 
	The League said that a previous government study had 
recommended the 2400 to 2402 MHz segment for amateur use, and that 
it would be desirable to make the entire segment 2390 to 2450 MHz 
amateur primary.
	The ARRL also said, in its 29-page Comment, that any fixed 
or mobile service station that is granted an assignment at 2390 to 
2400 MHz "must be" required to protect the Amateur Service from 
interference and must tolerate any interference received from 
amateur stations.
	The League asked the FCC not to make any additional 
allocations in the 2390 to 2417 MHz band and, instead, to grant 
Amateur Radio primary allocation status in that band.
Reply comments reinforce 
	On January 3, 1995, the League filed reply comments, 
beginning by saying that with just a few exceptions, the comments 
filed by others in December didn't respond to the FCC's questions 
regarding the compatibility of the proposed commercial service 
with the Amateur and other services. (The FCC had proposed 
maintaining a secondary allocation for the amateur service in all 
or part of  this spectrum; or, to make the amateur service the 
primary user in a portion of this spectrum while either 
maintaining a secondary allocation in the remaining portions of 
the bands or eliminating the other portions from the amateur 
service.) The FCC also sought comments on "the ability of various 
radio services to share spectrum with the amateur service."
 	The League, in its reply comments, said that the bulk of 
comments filed were "absolutely silent" on the effect of a new 
proposed use, either at 2390 to 2400 MHz or 2402 to 2417 MHz, on 
the Amateur Service, with the exceptions of comments by In-Flight 
Phone Corporation and Apple Computer Inc.
	The ARRL noting that the other commenters were unanimous 
in opposing the use of frequency auctions as an allocation tool, 
said that the use of competitive bidding in this case is "a means 
of avoiding specific allocation planning by the Commission" and is 
inappropriate. 
	"Such a (auction) plan was uniquely unworkable here," 
because shared spectrum is involved, and users already in place 
would "be at the mercy of successful bidders, who would have no 
incentive whatsoever to accommodate incumbent users," the League 
said.

FCC authority questioned
	The League also once again raised the issue of the 
Commission's statutory authority to conduct spectrum allocations 
by competitive bidding, as opposed to frequency assignments, 
saying that the FCC itself has noted that it has no ability to 
substitute competitive bidding for rational decision making in 
allocations matters. The FCC's "flexible allocation" plan would 
be, on its face, the League said, "in lieu of making any public 
interest determination at all as to the highest and best use of 
the spectrum." That highest and best use, the League said, was 
Amateur Radio.
	The ARRL's reply comments said that the Amateur Service 
makes significant use of the frequencies around 2304 MHz, and any 
reallocation of that segment would inherently involve significant 
disruption of amateur operation in that band.
	"It is obvious," the ARRL said,  "that Congress did not 
intend to permit competitive bidding to be used as an allocation 
methodology," citing a statement by Hawaii Senator Daniel Inouye 
in February 1993.
	"What the Commission said it intends to do in this 
proceeding, therefore," the League said, "by way of protection and 
accommodation of the Amateur Service in the reallocated segments, 
it could not possibly do if it was to adopt the proposed 'general 
fixed and mobile' allocation 'plan.' This is because it would be 
impossible to determine any compatibility between amateur uses and 
successful bidders."

Damage already established
	Further, the League argued that the damage that could be 
done to the Amateur Service from additional uses of the three 
segments had already been established by the Commission and 
publicly noted in a report to NTIA. "It is impossible to 
reconcile," the League said, "those findings of fact with any 
proposal to auction the same bands to any fixed or mobile user 
with the money to bid on it.
	"The Commission is thus prohibited," the League said, 
"both by Section 309 of the Communications Act of 1934, and by the 
terms of the Omnibus Budget Reconciliation Act, from proceeding 
with a competitive-bidding plan for frequency allocations in the 
2.4 GHz segments."
	The League said (again) that while Congress had 
specifically intended that there not be "excessive disruption" of
amateur uses of the bands shared by amateurs and slated for 
reallocation, most of the comments filed completely ignored 
continued amateur use of the band at 2390 to 2400 MHz, and, in a 
few cases, 2402 to 2417 MHz, "treating them as if they
were devoid of other uses."
	The League called comments of the Association of American 
Railroads, favoring an allocation for private land mobile use, 
"myopic," saying that "there is no indication why yet more private 
land mobile spectrum should be allocated, no indication that there 
is any shortfall in existing allocations, and no indication that 
existing private land mobile allocations are being used 
economically. In fact, all available evidence is to the
contrary.
	"The League has argued (its reply comments said)  to the 
Commission repeatedly that additional allocations to the private 
land mobile radio services are a self-fulfilling prophesy; they 
insure that there will not be any use of new land mobile 
technologies to increase efficiency in existing bands."
Contrast in comments
	In contrast to commenters who ignored amateur presence in 
these bands, the League cited In-Flight Phone Corp., who attempted 
to establish that its proposal for one-way audio and video 
transmissions to aircraft from a limited number of ground stations 
might be compatible with continued amateur operation in that 
segment. In-Flight said it could coexist with amateur uses of the 
2390 to 2400 MHz segment, and demonstrating technical 
understanding of how that could be done, and also acknowledging 
that wireless services could not easily coexist with amateurs, if 
at all.
	The League said it would not oppose a co-primary 
allocation arrangement with AAVS (In-Flight-type) systems on 2390 
to 2400 MHz, conditioned on coupling that with a primary amateur 
allocation at 2300 to 2310 MHz and 2400 to 2417 MHz and proper 
coordination for sharing.
	Apple Computer went even further in its understanding of 
the Amateur Radio implications of the proposed reallocations: 
"....the 2390-2400 MHz band is currently allocated only for the 
amateur service, a status that the Commission is calling into 
question in the NPRM. Similarly, the next increment of spectrum to 
be turned over for the private sector by January 1, 1996 is 
expected to include the 2300-23[1]0 MHz amateur-only band. Both of 
these bands, as well as the 2400-2450 MHz bands, are considered 
parts of the '13 cm' bands. 
	"Each of these bands, and others in the amateur service," 
Apple said, "are essential components of a set of band segments 
extending through much of the radio spectrum. Each amateur band 
has certain characteristic attributes, in permitted signaling, in 
available bandwidth and in propagation, that allow hams to 
experiment, develop and use it appropriately for those band-
specific attributes. Any change in status of one band can affect 
other amateur bands. In the past, the Commission has made 
allocation decisions affecting a single amateur band without 
addressing these secondary effects, resulting in an overall 
pattern of diminishing the spectrum available for the amateur 
service."
	Apple suggests, to provide for further amateur activities, 
and to "forestall repetition of the current process whereby many 
parties contend for the amateur spectrum, the Commission should 
make a package of coordinated decisions now...."
	The League said it tentatively supports an Apple Computer 
plan, saying Apple "provides a reasonable proposal for additional 
use of the 2390-2400 MHz band, when coupled with the comprehensive 
plan for amateur exclusive use of 2300-2310 MHz and primary use of 
2400-2450 MHz. It would appear, from Apple's description of the 
Part 15 Data-PCS service, that there is compatibility between the 
Part 15 Data-PCS use and continued amateur use of that segment."
Additional uses opposed
	The League said that "almost without exception," the 
comments suggest that no additional users should be allowed at 
2402 to 2417 MHz. The comments of IBM are typical of Part 15 
manufacturers and users' comments, and others, which indicate that 
there is no additional use to be made of the 2402 to 2417 MHz 
band, save for Amateur, Part 15 and Part 18 operation. "There is 
no indication in any of the comments that continued Amateur use of
that band has been or is incompatible with Part 15 operation
there," the ARRL said.
	The League said that no comments suggested that amateurs 
should not have a continued allocation in the 2402 to 2417 MHz 
band, calling that de facto recognition that the Omnibus Budget 
Reconciliation Act "plainly gives the Commission the authority to 
allocate the band to a service already operating there," rather 
than requiring the agency to allocate the band to a new use.
	The ARRL pointed out comments of the Radio Amateur 
Satellite Corporation (AMSAT), that noted increasing importance of 
the 2400 to 2450 MHz band for amateur satellite operation and 
specifically cited the technical incompatibility between 
commercial and private radio users on the one hand and Part 15 and 
18 users on the other.    
	AMSAT also noted, the League said, that, since an 
important purpose of the Omnibus Budget Reconciliation Act is to 
facilitate the development of "new and innovative technologies" 
for the benefit of the public, the Amateur and Amateur-Satellite 
Services provide this, by increasing use of the three 2-GHz 
segments at issue in this proceeding.
	In its conclusion, the League said the Commission's 
proposal is internally inconsistent. "The Commission fairly asked 
in the Notice for comment from potential new users of the 
reallocated band segments as to the extent that such uses would be 
compatible with the Amateur Service. Precious few comments 
satisfied this obligation. The Commission can only conclude from 
those commenters' failure to provide an analysis of that 
compatibility that there is none. As a result, given the 
Commission's obligation under the Budget Reconciliation Act, there 
is no alternative but to reject these proposals for new uses, 
unless the Commission is prepared to itself conduct the sharing 
analysis that it asked the potential new users to conduct," the 
League said.
	"The foregoing considered," the League said, "the American 
Radio Relay League respectfully requests that the Commission not 
add any additional users to the reallocated 2-GHz segments at the 
present time, but rather elevate the Amateur
Service to primary at 2300-2310 MHz and 2390-2400 MHz, and elevate 
the Amateur and Amateur-Satellite Services to primary in the 2400-
2417 MHz band."


Westlink Report passes into history

	After 13 years and 330 issues, Westlink Report ceased 
publication with its January 1, 1995, issue. Westlink Report began 
as HR (Ham Radio) Report in January 1974, written by Joe 
Schroeder, W9JUV, and published by Ham Radio magazine (now also 
defunct). Schroeder's 357 issues, followed by 330 written and 
published by Burt Hicks, WB6MQV, must set some sort of record for 
these things.
	Hicks sometimes editorialized in Westlink Report, as well 
as providing an outlet for the opinions of guest editorialists and 
writers. In his final issue, Hicks praised ARRL President George 
Wilson, W4OYI, and reaffirmed his (Hicks's) long-standing policy 
of generally saying positive things about the League. Hicks in 
particular the last few years has supported ARRL efforts to 
encourage stronger enforcement by the FCC of its rules.
	Hicks invested much of his own funds in Westlink Report, 
which was on several occasions kept afloat by anonymous financial 
support from readers.
	Remaining subscriptions will be fulfilled by Worldradio.


AMSAT PICKS FREQUENCIES FOR PHASE 3-D SATELLITE
	AMSAT has selected final frequencies for its advanced 
Phase 3-D satellite, due to launch in 1996. The selections, 
approved by P3-D Project Leader Dr Karl Meinzer, DJ4ZC, were 
"carefully selected to minimize mutual interference with other 
amateur satellites" and were coordinated with IARU band plans, 
according to AMSAT Executive Vice President Keith Baker, KB1SF. 
Bands to be used by the upcoming satellite include 21 and 28 MHz, 
and 145, 436, 1269, 2400, 5668, 10451, and 24048 MHz.


NEW RUSSIAN SATELLITE FEATURES MODE A USES

	On December 26 the Russian RS-15 satellite was launched 
from the Baikonur space center in Russia.  The satellite was 
lofted into space by a "Rokot" launch vehicle.  Rokot is a hybrid 
created from the first and second stages of an SS-19 
intercontinental ballistic missile and a new third-stage booster 
known as "Briz."
 	RS-15 is one of only two active Amateur Radio satellites 
to include Mode A capability (uplink on the 2-meter band, downlink 
on 10 meters); the other is RS-10.  The satellite is already 
operating and many hams report successful contacts.
 	RS-15 transponder frequencies are as follows: Uplink: 
145.858 to 145.898 MHz;  Downlink: 29.354 to  29.394 MHz;  CW 
Beacon 1: 29352.5 kHz;  CW Beacon 2: 29398.7 kHz. Modes are CW and 
SSB only.
 	W1AW transmits RS-15 Keplerian elements. The RS-15 command 
station invites signal reports and comments, to RS3A,  PO Box 59, 
Moscow 105122, Russia.


BRIEFS
	* Correction: In our December 14 issue we incorrectly 
identified the late Fred Senk, cousin of New York Governor George 
Pataki, as K2UYQ. His call sign was W2UYQ (Thanks, WI3U).
	And eagle-eyed reader Carl Zelich, AA4MI, caught this one, 
also in the December 14 issue: the new Federal Communications 
Commission's Wireless Telecommunications Bureau has seven 
divisions, but we listed only six. The seventh is Policy, which 
will, the FCC says, "based on major technical, economic, and 
regulatory developments, legislative actions, and Commission and 
court decisions, propose and develop Commission rules and policies 
to govern wireless telecommunications services."
	* Word just received that in August, Frank Caswell, W1ALT, 
died in Beverly, Massachusetts. OM Caswell was first licensed in 
the 1920s, and he personally collected, recorded and documented 
the history of the Marconi Wireless Station at South Wellfleet, on 
Cape Cod (and a must-visit for amateurs). He also built the 
replica rotary spark gap and model of the Marconi station that are 
on display at the headquarters of the Cape Cod National Seashore 
at South Wellfleet.
	Among his survivors were his wife, Muriel, and two sons. 
(Thanks, K2LP).
	* Numbers: ARRL membership rose about one percent in 1994, 
new members more than making up for the inevitable attrition of 
deaths and drop-outs. Declining sunspots left DXCC activity flat 
for the year, contest entries the same, while QSLs forwarded by 
the ARRL Outgoing QSL Service dropped off by 18%.
	* CQ Communications' 1995 Amateur Radio Almanac is out, 
edited by Doug Grant, K1DG, and, at more than 500 pages, is priced 
at $19.95. This is the second year for this ambitious effort, 
changed to a larger type size and simplified format; the book is 
chock-full of reference material of all kinds.   
	* Job openings at HQ: QST is looking for an assistant 
technical editor for technical articles and columns. A solid 
technical background, extensive Amateur Radio experience, and 
experience in preparing written material for publication are 
required. Salary range is $28,500 to $39,900. Send resume, a cover 
letter, and writing samples to Managing Editor Al Brogdon, K3KMO, 
at HQ. 	
	And the ARRL/Volunteer Examiner Coordinator has an opening 
for an assistant to the VEC manager. Requirements include good 
"people skills" and the ability to work well in a team 
environment. Experience with personal computers is a must and an 
Amateur Radio license is required. Starting salary is $20,202. 
Send resume to VEC Manager, ARRL HQ. EOE.
	* An all-day ARRL continuing education workshop on 
electromagnetic interference will take place Friday, February 3, 
at the Miami Hamboree. ARRL Laboratory Supervisor Ed Hare, KA1CV, 
will conduct the workshop, from noon to 6 PM.  You will earn 0.6 
Continuing Education Units for participating. Contact Rosalie 
White, WA1STO, at ARRL HQ, before January 30, to reserve a spot, 
and for more information.
	* Thank you! In late 1993 and early 1994 the ARRL 
conducted a fund-raiser for the Radio Amateur Satellite 
Corporation (AMSAT) Phase 3D project. A solicitation, paid for 
solely by the League, was mailed to all ARRL members, asking for 
donations to this important Amateur Radio project. You responded 
magnificently, giving more than $197,000, which has been turned 
over to AMSAT-NA.
	* The new ARRL SourceBook for the Disabled is available in 
electronic form via CompuServe, America Online, ARRL's Hiram BBS, 
and the InfoServer via Internet at <info@arrl.org>. The SourceBook 
describes sources for those helping the disabled both with 
licensing and operating needs, and was funded by The ARRL 
Foundation.
	* Nominations are open for the ($1000) 1994 Hiram Percy 
Maxim Memorial Award. If you know a bright, young (under 21) 
amateur with leadership qualities, nominate her or him through 
your ARRL section manager (see page 8). The deadline is March 31, 
1995. Last year's winner was 17-year-old Jonathan M. LeBretton, 
N1MJM, of Plymouth, Massachusetts.
	* Page 106 of February QST will carry a call for nominees 
for the fourth annual Philip J. McGan Award, for amateurs involved 
in public relations activities promoting Amateur Radio. The award 
is sponsored jointly by the ARRL and the New Hampshire Amateur 
Radio Association. Deadline for nominations is May 31, 1994. 
	* HQ employee Glenn Swanson, KB1GW, has transferred from 
ARRL/VEC to the Educational Activities Department, as educational 
programs coordinator; his responsibilities include the Scout 
program, SAREX and the educational support programs.
	* In order to better serve its listening audience, W1AW 
will conduct a survey, to be published in March QST. It will 
identify who's listening; what kind of bulletins are being 
listened to (ARRL, DX, Keplerian, propagation, space, special); 
what modes and times are listened to; reception quality and 
interference quality; possible frequency changes for W1AW; and "Do 
you have an active e-mail account and what kind?" (and do you use 
it to get W1AW bulletins?).
	On a related topic, visitors to W1AW, despite having 
available all manner of digital modes to use, still mostly 
gravitate toward CW and SSB (and HF).
	* Atop the ARRL HQ building a new Force 12 model C-3 
triband yagi has replaced a long-serving Sommer beam, to serve the 
lab and club station, W1INF. W1AW Chief Op Jeff Bauer, WA1MBK, did 
the installation. Next will be a separate beam for 17 and 12 
meters, plus antennas for the lower HF bands. 


10 years ago in The ARRL Letter

	As of December 19, 1984, more than 1200 comments had been 
filed on PRB-1, including extensive comments from the League 
supporting the FCC's "unquestioned jurisdiction to preempt local 
amateur antenna regulation." And Sen. Barry Goldwater, K7UGA, 
announced he intended to introduce a resolution in Congress urging 
the FCC to make certain that zoning laws and the like don't 
prevent antennas for citizens.
	On January 3, Goldwater introduced his resolutions, the 
first saying that the FCC should (the Letter said) "affirm that 
state and local regulations must not unreasonably restrict 
communications from Amateur Radio stations." The second resolution 
pertained to TVRO satellite dishes. Amateurs were encouraged to 
urge their senators to support the resolutions.
	The FCC announced that a special lifetime General 
Radiotelephone Operator License would, sometime in 1985, replace 
the existing First Class, Second Class, and General Radiotelephone 
Operator licenses then in effect.


*EOF