Advisory
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A Primer on Wireless Broadband
Internet Access
By Russell Fox and Stefani Watterson
Until recently, high-speed Internet access could only be achieved by businesses and
consumers through physical connection with a wired communications network. The
most common high speed wired alternatives were cable modem service, digital sub-
scriber lines (DSL) or high capacity telephone paths, such as T-1 lines. Wireless con-
nectivity to the Internet was limited because the most commonly available wireless
services—mobile services such as cellular and PCS—offered limited spectrum capa-
bility, making connection and download times slow.
Over the past several years, however, wireless broadband Internet access has
exploded. This has come about largely because of the development of technol-
ogy that operates over wider bandwidths, the availability of consumer oriented
broadband devices, and the proliferation of locations where consumers can
access the technology.
Wi-Fi
The wireless broadband application currently receiving the most attention is
wireless fidelity, commonly known as “Wi-Fi.” Wi-Fi, technically known as the
802.11 format, allows anyone with a laptop and wireless network card to surf
the Internet at home or at various “hotspots” without plugging into a modem,
DSL or T-1 line. This technology, however, only provides wireless access to
other, normally wireline, broadband capabilities. For example, consumers who
employ wireless access at home are “accessing” a cable modem or DSL service
delivered on a wireline basis to and from the home.
Between 2001 and 2003, the number of Wi-Fi hotspots is projected to have
grown from 1,200 to 71,000. By the end of 2003, Wi-Fi users worldwide are
projected to reach over nine million. In addition to Wi-Fi networks set up in
private homes, some hotspots can be found in Starbucks, grocery stores, stadi-
ums, hotels, and McDonald’s or other restaurants.
The traditional landline telephone companies have jumped into the business,
giving it more credibility. Verizon has started offering the service in New York
City through networking devices installed in payphones. SBC Communications
claimed in August that it would deploy more than 20,000 public Wi-Fi hotspots
over the next three years, working with Cingular Wireless and Wi-Fi service
provider Wayport. Even the FCC announced in August that it had installed
free Wi-Fi service in its headquarters building in Washington, D.C.
Wi-Max
Another developing wireless broadband application is called “Wi-Max” and
“Wider-Fi” because it offers a transmission range of several miles, while Wi-Fi is
limited to roughly 300 feet.
1
Wi-Max also allows users to wirelessly connect to the
COMMUNICATIONS
Advisory
October 2003
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Copyright© 2003 by Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
1
“Unlicensed and Unshackled: A Joint OSP-OET White Paper on Unlicensed Devices and
their Regulatory Issues,” FCC OSP Working Paper Series #39, p. 32 (May 2003) (“Joint
White Paper”). See also http://www.wimaxforum.org.
For questions as to how these FCC
actions could impact your business,
please contact Stefani Watterson at
202 661 8706 or the Mintz Levin
attorney who ordinarily handles
your communications law matters.
Communications Advisory…2
Internet without needing direct line of sight
with the base station. In this application,
wireless Internet service providers (WISPs)
will provide wireless connectivity to the
Internet in much the same manner as cable
companies. This application is also envi-
sioned as a method to link Wi-Fi hotspots.
Current Spectrum Allocation
Issues
Wi-Fi and Wi-Max systems operate in the
unlicensed bands of the electromagnetic
spectrum. The spectrum bands now avail-
able for wireless Internet access are in the
2.4 GHz band and between 5.15 and 5.25
GHz. In July 2003, the World Radiocom-
munication Conference (WRC) allocated
internationally 455 megahertz of spectrum
in the 5 gigahertz band for systems using
the Wi-Fi standard.
Anticipating this international action, the
FCC proposed in June 2003 to amend its
rules to make available for unlicensed oper-
ations an additional 255 MHz of spectrum
in the 5 GHz band.
2
The FCC spectrum
allocation proposal is similar to the Jump-
start Broadband Act previously proposed
by Senators Boxer (D-Cal.) and Allen
(R-Va.). Since the FCC issued its proposal,
Congress has not taken further action on
the Jumpstart Broadband Act.
The FCC rulemaking notice sought com-
ment on allowing Wi-Fi and other unli-
censed services to share a portion of the
5 GHz band with users from the U.S.
Department of Defense. By allocating an
additional 255 MHz of spectrum to unli-
censed use, the FCC hopes to satisfy the
need for spectrum by existing and devel-
oping unlicensed wireless services while
avoiding interference problems with
licensed wireless broadband systems.
Fixed Wireless
Wi-Fi systems operate in unlicensed fre-
quency bands, but there are also wireless
broadband systems that use portions of the
spectrum licensed for such use. The licensed
spectrum is located in the 2.1, 2.5 and 2.6
GHz spectrum bands. These systems are
typically fixed wireless and can send a signal
up to seven miles from a transmission point.
Advantages of the licensed wireless broad-
band systems are: 1) system providers have
exclusive use of their specifically allocated
frequencies and 2) they are protected from
harmful interference from other users.
Several wireless broadband systems are
in operation, such as Clearwire in Jack-
sonville, Florida, and Roadstar Internet
Services in Virginia.
3G Wireless
Another wireless broadband technology
with widespread application possibilities is
Third Generation Wireless or “3G.” The
goal of 3G systems is to provide high-speed
web access, global roaming, video confer-
encing and TV streaming, all through a
mobile phone platform. Since additional
spectrum is likely necessary to provide full-
blown 3G services, the FCC recently allo-
cated to this service spectrum in the 1.7 and
2.1 GHz bands. The FCC is projected to
auction this spectrum for 3G use in 2004.
Licensed vs. Unlicensed
Spectrum
The most significant difference between
3G and Wi-Fi is how spectrum is allocated
for each service. 3G service providers will
be required to pay for and obtain from the
FCC licenses to use spectrum designated
for 3G services, either spectrum currently
authorized to them or additional spectrum
obtained when the FCC holds an auction.
Wi-Fi, on the other hand, generally uses its
allocated spectrum without obtaining a
license from the FCC and without paying
for it. The mobile phone industry, the pri-
mary providers of 3G services, is concerned
that the FCC’s recent focus on unlicensed
wireless operations will be at the expense
of licensed wireless operators.
Signal Interference Issues
Because the essential feature of unlicensed
spectrum is the ability of anyone to use it
without coordination with others, the suc-
cess of unlicensed operations depends on
how the FCC and industry address the fun-
damental problem of signal interference.
In general, the FCC focuses its efforts to
control signal interference on transmitter
emissions, locations of transmitters and
frequencies in use. In a recent Notice,
3
however, the FCC sought comment on
a proposal to address receiver immunity
to interference. By setting receiver interfer-
ence immunity standards, it posited,
manufacturers would eliminate or greatly
reduce interference levels by changing
hardware design and signal processing
software. The wireless industry generally
agreed in comments on this FCC Notice
that receiver standards must be developed
by the industry and that industry compli-
ance should be voluntary.
The Future of Wireless
Broadband Depends On
FCC Actions
Addressing interference concerns is but
one step in the move toward increasing
wireless services. The second problem in
the licensed/unlicensed battle is spectrum
resources. There is not enough unlicensed
spectrum available to accommodate the
many existing, proposed and not yet fore-
seen wireless services. In addition to allocat-
ing more spectrum for wireless Internet
access use, the FCC’s own staff in its May
2003 “Joint White Paper” suggests the FCC
could create a receiver interference immunity
standard that permits unlicensed devices to
“underlay” the signals of existing users.
Wireless broadband services are the future
of mobile connectivity to the Internet.
Innovation in wireless applications and
proliferation of new wireless services will
depend on how the FCC addresses inter-
ference issues and how it continues to
allocate spectrum for unlicensed services.
* * * * *
2
In the Matter of Revision of Parts 2 and 15 of the Commission’s Rules to Permit Unlicensed National Information Infrastructure (U-NII) Devices in the
5Ghz Band, Notice of Proposed Rulemaking, ET Docket No. 09-122, FCC 03-110 (released June 4, 2003).
3
In the Matter of Interference Immunity Performance Specifications for Radio Receivers, Notice of Inquiry, ET Docket No. 03-65, FCC 03-54, ¶ 5
(released March 24, 2003).
