1/16. The National Telecommunications and Information Administration (NTIA) submitted a comment to the Federal Communications Commission (FCC) in its ultrawideband (UWB) proceeding.

Michael Gallagher (at right), the acting head of the NTIA, stated in a release that "We support the FCC's clarification of the UWB rules so that this new industry sector can take hold and grow while we protect critical federal systems from harmful interference". He added that "The rules adopted by the Commission in its first Report and Order successfully strike that balance, and provide a stable platform for development of new devices that will save lives, boost U.S. productivity and enrich the experience of U.S. consumers."

The NTIA is a unit of the Department of Commerce. It is designated to advise and represent the administration on telecommunications issues.

UWB devices, which use very narrow pulses with very wide bandwidths, have applications in both radar and communications technologies.

This long running proceeding is titled "In the Matter of Revision of Part 15 of the Commission's Rules Regarding Ultra-Wideband Transmission Systems". It is ET Docket No. 98-153.

The FCC adopted its First Report and Order [119 pages in PDF] permitting the marketing and operation of certain types of new products incorporating UWB technology on February 14, 2002. However, the FCC did not release the actual document until April 22, 2002.

The FCC received numerous petitions for reconsideration of the First Report and Order. The FCC addressed these in its Memorandum Opinion and Order and Further Notice of Proposed Rulemaking [91 pages in PDF] adopted on February 13, 2003. The MO&O portion largely reaffirmed the procedures adopted in 2002 to authorize the unlicensed operation of UWB, but made some changes to further facilitate the operation of imaging devices. The FNPRM portion proposed numerous new rules. The NTIA comment addresses this FNPRM.

See also, story titled "FCC Announces UWB Report and Order and Further NPRM" in TLJ Daily E-Mail Alert No. 604, February 14, 2003, and FCC release [2 pages in PDF]

This FNPRM includes proposed rules that address:

• the operation of low pulse repetition frequency (PRF) UWB systems, including vehicular radars, in the 3.1-10.6 GHz band,
• the operation of frequency hopping vehicular radars in the 22-29 GHz band as UWB devices,
• the establishment of new peak power limits for wideband Part 15 devices that do not operate as UWB devices, and
• the definition of a UWB device.

The NTIA comment begins with the statement that the "NTIA believes that the rules adopted by the Commission in the First Report and Order for UWB strike a balance between protecting critical federal systems while permitting UWB technology to evolve. NTIA also agrees with the Commission that significant changes to the rules should not be considered until more experience has been gained with UWB technology."

Operation of low pulse repetition frequency (PRF) UWB systems. The NTIA argues that restrictions on the pulse repetition frequency are unnecessary as long as the current emission limits for handheld devices are met.

The NTIA wrote that it "believes that if the Commission adopts the hand-held UWB device emission limits for expanded outdoor device applications, no restrictions on the PRF are necessary. NTIA agrees with the Commission that this proposal should be limited to UWB systems that employ impulse modulation or high speed chipping rates with a fractional bandwidth equal to or greater than 0.20 or a minimum bandwidth of 500 MHz, as they are currently defined in the Commission's rules. NTIA also believes that if the hand-held emission limits are adopted, there is no technical reason to further limit UWB device applications, as long as the Commission retains the current restrictions forbidding the use of a fixed outdoor infrastructure and the operation of UWB devices in toys."

Frequency hopping vehicular radars in the 22-29 GHz band. The NTIA stated that it found that there is no greater interference to government passive sensing satellites than is presently permitted for impulse UWB vehicular radar systems. It added that its conclusions do not apply to UWB frequency hopping systems in other bands. The NTIA also proposed a compliance measurement procedure for pulsed frequency hopping vehicular radar systems.

Siemens VDO Automotive submitted a comment [68 pages in PDF] on July 21, 2003 and a reply comment [10 pages in PDF] on August 20, 2003 in which it argued in support of allowing the operation under the UWB rules of pulsed frequency hopping vehicular short range radar systems, which it currently has under development.

In contrast, Northrup Grumman and Raytheon submitted a reply comment [9 pages in PDF] on August 20, 2003 in which they urged the FCC "not to permit the operation of pulsed frequency-hopping vehicular short range radar systems near or in the 23.6-24.0 GHz band without adopting strict limits to reduce the potential for increased interference that likely will result under standards being proposed by manufacturers."

Similarly, the National Academy of Sciences' Committee on Radio Frequencies submitted a comment [10 pages in PDF] on July 16, 2003 in which it argued that the proposal to amend the rules to permit frequency-hopping systems in the 22-29 GHz band "would pose a significant threat of interference to remote sensing instruments, and thus to the important data being gathered by such instruments."

Definition of UWB transmitter. The NTIA also wrote that it "does not support the Commission's proposal to eliminate the minimum bandwidth requirement from the definition of a UWB transmitter". It added that "Such a change could be disruptive to current industry product development and ongoing standards development activities such as those in the Institute of Electrical and Electronics Engineers 802.15 Task Group 3a."

Other comments. All comments in this proceeding may be accessed through the FCC's web page titled "Search for Filed Comments". Enter the the docket number, 98-153, in the first box, titled "Proceeding", and click on the button titled "Retrieve Document List". This document retrieval system operates very slowly.

See especially, comment [71 pages in PDF] submitted by Multispectral Solutions, Inc. (MSSI) on July 21, 2003, and reply comment [40 pages in PDF] submitted on July 25, 2003. MSSI makes products that have been certified under the FCC's rules.

1/18. The Electronic Privacy Information Center (EPIC) published in its web site copies of several documents pertaining to the transfer of passenger data from Northwest Airlines to the National Aeronautics and Space Administration (NASA).

These records reflect that there was a meeting on December 10-11, 2001. See, presentation outline [20 pages in PDF] titled "NASA Ames Research Center: Northwest Airlines Briefing: December 10-11, 2001", for NASA's explanation of what NASA intended to do with the passenger data.

It states that "We would like to build a passenger screening testbed that would include
 • Biometrics -- facial and other
 • Smart card with biometrics
 • Analysis, mining and threat assessment software
 • Addressing issue of scalability for national-scale system using IPG technology".

Northwest participated in the meeting. See, NASA e-mail letter to Northwest dated December 19, 2001.

Then, NASA sent a fax letter [PDF] to Northwest requesting passenger data. NASA wrote that "We would like to request system-wide Northwest Airlines passenger data from July, August and September 2001."

See also, undated paper [10 pages in PDF] titled "Near Linear Time Detection of Distance-Based Outliers and Applications to Security" jointly authored by employees of NASA and Stanford University.

However, NASA ultimately abandoned the project, and returned the CDs containing the data that it had obtained from Northwest.

On September 23, 2003, NASA sent an e-mail letter [PDF] to Northwest stating that "As you probably have heard by now, our data mining for aviation security project did not receive any FY2003 funds. My interpretation is that NASA management decided that they did not want to continue working with passenger data in order to avoid creating the appearance that we are violating people's privacy. You may have heard about the problems that JetBlue is now having after providing passenger data for a project similar to ours".

The EPIC obtained these documents from the NASA in response to request made under the Freedom of Information Act (FOIA).

Northwest Airlines issued a statement on January 18, 2003: "In the aftermath of the September 11, 2001 tragedy, NASA had discussions with Northwest Airlines’ Security Department regarding a NASA research study to improve aviation security. In December 2001, NASA requested that Northwest’s Security Department provide it with passenger name record data from the period July, August, and September 2001 for NASA’s exclusive use in its research study. Northwest Airlines agreed to provide that data."

Northwest continued that "The NASA research study has been discontinued and the passenger data has been returned to Northwest Airlines."

It also stated that "Northwest believes that it was appropriate to provide data directly to NASA for a research study designed to improve aviation security. In the immediate aftermath of September 11, 2001, the federal government was searching for technological solutions to improve aviation security and it was the responsibility of the airline industry to cooperate with these efforts."

Northwest concluded that "By providing the passenger name record data directly to NASA, a federal agency with its own strict privacy protections, Northwest acted appropriately and consistent with its own privacy policy and all applicable federal laws."

In contrast, the EPIC stated in a release that Northwest's transfer of the data was a "clear violation of its stated privacy policy".

1/15. The National Telecommunications and Information Administration (NTIA) and the National Institute of Standards and Technology (NIST) published a notice requesting public comments regarding Internet Protocol version 6 (IPv6).

The Internet Protocol (IP) is a technical standard that enables computers and other devices to communicate with each other over networks. The current generation of IP, version 4 (IPv4), has been in use for more than twenty years.

The notice states that the NTIA and NIST "invite interested parties to comment on a variety of IPv6-related issues including: (1) the benefits and possible uses of IPv6; (2) current domestic and international conditions regarding the deployment of IPv6; (3) economic, technical and other barriers to deployment of IPv6; and (4) the appropriate role for the U.S. government in the deployment of IPv6."

Comments are due within 45 days of publication in the Federal Register, which has not yet occurred.

Arden Bement (at right), the Director of the NIST, stated in a release that "The interoperability among technologies is a critical element both for national competitiveness and for national security ... Our task force can play a valuable role in developing an understanding of the merits of, and obstacles to, moving to IPv6. One of the objectives of our task force is to measure the current status of deployment and assess alternative future deployment scenarios, which is vitally important for policy makers."

Michael Gallagher, the acting head of the NTIA, stated that "Before we make any policy decisions, we must fully understand the degree to which the new standard will enable direct connectivity among wireless devices, boost the productivity of the American worker and enrich the experience of the American consumer ... We also must fully explore the costs and technical impacts of large-scale deployment."

The House will return from recess. It will meet at 12:00 NOON for legislative business. See, Republican Whip Notice.

The Senate will return from recess. It will resume consideration of HR 2673, the omnibus appropriations bill for Fiscal Year 2004.

9:30 AM - 5:00 PM. The Federal Communications Commission's (FCC) Federal Advisory Committee on Diversity for Communications in the Digital Age's Financial Subcommittee will hold a meeting. The meeting will address "regulatory initiatives and the availability and access to capital for women and minorities in the telecommunications industry". See, FCC notice. Location: FCC, Commission Meeting Room, 445 12th St., SW.

9:00 PM. The House and Senate will meet in joint session for the President's State of the Union address.

The House will meet at 10:00 AM for legislative business. It will consider several non technology related items under suspension of the rules. See, Republican Whip Notice.

12:00 NOON - 1:45 PM. The AEI-Brookings Joint Center for Regulatory Studies will host a panel discussion titled "What's Right and What's Wrong with Corporate Finance Governance in the U.S. Today?". The speakers will be Robert Hahn (AEI-Brookings), Randall Kroszner (University of Chicago), Paul Atkins (SEC Commissioner), and Steven Kaplan (University of Chicago). See, notice. Location: American Enterprise Institute, Twelfth floor, 1150 17th St., NW.

12:00 NOON. The Federal Communications Bar Association's (FCBA) Transactional Practice Committee will host a brown bag lunch. The topic will be contract enforceability and dispute resolution provisions, including arbitration versus judicial resolution, choice of law, and choice of forum. For more information, contact Laurie Sherman at laurabsherman@hotmail.com or 703 216-3150. Location: Skadden Arps, 1440 New York Ave., 11th floor.

1:00 - 3:00 PM. The Federal Communications Commission's (FCC) Wireless Telecommunications Bureau (WTB) will hold a seminar on "Filing Spectrum Leasing Applications and Notifications". Location: FCC, 445 12th Street, SW, Room TW-C305 (Commission Meeting Room).

4:00 PM. Rebecca Eisenberg (University of Michigan Law School) will present a paper at an event sponsored by the Dean Dinwoodey Center for Intellectual Property Studies. For more information, contact Robert Brauneis at 202 994-6138 or rbraun@law.gwu.edu. Location: George Washington University Law School, Faculty Conference Center, Burns Building, 5th Floor, 716 20th Street, NW.

8:30 AM - 6:00 PM. The Catholic University School of Law and the Federal Communications Commission (FCC) will host a one day conference titled "The Journey to Convergence". Advance registration is required. See, conference web site. Location: Columbus School of Law, The Catholic University of America, 3600 John McCormack Rd., NE.

10:00 AM. The Senate Judiciary Committee will hold a hearing an pending judicial nominees, including Raymond Gruender (nominated to be a Judge of the U.S. Court of Appeals for the 8th Circuit), Ricardo Martinez (Western District of Washington), Gene Pratter (Eastern District of Pennsylvania), and Neil Vincent Wake (District of Arizona). See, notice. Location: Room 226, Dirksen Building.

10:00 AM - 3:00 PM. The Federal Communications Commission's (FCC) Technological Advisory Council will meet. See, notice in the Federal Register, December 19, 2003, Vol. 68, No. 244, at Pages 70796 - 70797. Location: FCC, 445 12th St., SW, Room TW-C305.

10:00 AM. The U.S. District Court (DC) will hold a status conference in United States v. Microsoft, D.C. No. 98-1232 (CKK) and New York, et. al. v. Microsoft, D.C. No. 98-1232 (CKK), Judge Colleen Kotelly presiding. Location: Courtroom 11.

12:15 PM. The Federal Communications Bar Association's (FCBA) Young Lawyers Committee will host a brown bag lunch. The topic will be "Hot Communications Issues on the Hill". The speakers will be Neil Fried (Republican Counsel, House Commerce Committee), Gregg Rothschild (Democratic Counsel, House Commerce Committee), Lee Carosi (Republican Counsel, Senate Commerce Committee), and Paul Nagle (Attorney-Advisor, FCC Office of Legislative Affairs). For more information, contact Jason Friedrich at 202 354-1340 or jasonfriedrich@dbr.com or Pam Slipakoff at 202 418-7705 or pslipako@fcc.gov. Location: Drinker Biddle & Reath, 1500 K Street, 11th Floor.

Deadline to submit reply comments to the Office of the U.S. Trade Representative (USTR) regarding the operation and effectiveness of, and the implementation of and compliance with, the World Trade Organization (WTO) Basic Telecommunications Agreement, other WTO agreements affecting market opportunities for U.S. telecommunications products and services, the telecommunications provisions of the North American Free Trade Agreement (NAFTA), Chile FTA and Singapore FTA, and other telecommunications trade agreements. See, notice in the Federal Register, December 8, 2003, Vol. 68, No. 235, at Pages 68444 - 68445.

Extended deadline to submit comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking [35 pages in PDF] regarding unlicensed devices. See, notice in the Federal Register, December 10, 2003, Vol. 68, No. 237, at Pages 68823 - 68831. The FCC adopted this NPRM on September 10, 2003. See, FCC release [PDF]. The FCC released the NPRM [35 pages in PDF] on September 17, 2003. This NPRM is FCC 03-223 in ET Docket No. 03-201. See also, stories titled "FCC Announces NPRM Regarding Unlicensed Devices" in TLJ Daily E-Mail Alert No. 739, September 15, 2003, and "FCC Announces Deadlines for Comments on Unlicensed Devices NPRM" in TLJ Daily E-Mail Alert No. 800, December 16, 2003. See also, FCC order [PDF] extending the deadline from January 9 to January 23.

The Supreme Court will begin a recess. (It will return on February 23, 2004.)

2:00 - 5:00 PM. The Federal Communications Commission's (FCC) Advisory Committee on Diversity for Communications in the Digital Age will hold its second meeting. See, FCC notice [PDF] and notice in the Federal Register, January 5, 2004, Vol. 69, No. 2, at Page 345. Location: Commission Meeting Room, Room TW-C305, 445 12th St. SW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding its notice of proposed rulemaking (NPRM) pertaining to promoting spectrum based services in rural areas. See, notice in the Federal Register summarizing this NPRM, and story titled "FCC Announces NPRM Regarding Regulations Affecting the Use of Spectrum in Rural Areas" in TLJ Daily E-Mail Alert No. 739, September 15, 2003. This NPRM is FCC 03-222 in WT Docket Nos. 02-381, 01-14, and 03-202. The FCC adopted this NPRM on September 10, 2003, and released it on October 6, 2003. See, Federal Register, November 12, 2003, Vol. 68, No. 218, at Pages 64050-64072.

EXTENDED TO FEBRUARY 7. Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking [35 pages in PDF] regarding unlicensed devices. See, notice in the Federal Register, December 10, 2003, Vol. 68, No. 237, at Pages 68823 - 68831. The FCC adopted this NPRM on September 10, 2003. See, FCC release [PDF]. The FCC released the NPRM [35 pages in PDF] on September 17, 2003. This NPRM is FCC 03-223 in ET Docket No. 03-201. See also, stories titled "FCC Announces NPRM Regarding Unlicensed Devices" in TLJ Daily E-Mail Alert No. 739, September 15, 2003, and "FCC Announces Deadlines for Comments on Unlicensed Devices NPRM" in TLJ Daily E-Mail Alert No. 800, December 16, 2003.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) in response to its notice of proposed rulemaking (NPRM) that proposes changes to the rules governing practice before the Board of Patent Appeals and Interferences to consolidate and simplify such rules and to reflect developments in case law, legislation, and administrative practice. See, notice in the Federal Register, November 26, 2003, Vol. 68, No. 228, at Pages 66647 - 66691.