5. Licensing Options

5.1 Overview

5.2 Delay Licensing of UWB

5.3 Spectrum Licensing for UWB

5.4 Radio Licensing for All UWB Applications

5.5 Radio Licensing for UWB Imaging Systems Only

5.6 General User Licensing for All UWB Use

5.7 General User Licensing for UWB Specialist Use Only

5.1 Overview

There are four possible deployment options for UWB use (and associated interference issues):

1. Specialist use only
   

2. Specialist use as above and automotive radar (SARA proposal) only

In addition to the comments above, this will only potentially affect a limited number of other services near the 24 GHz band.

3. Relatively ubiquitous deployment of devices, with use restricted to indoor or handheld devices, and specialist and automotive radar applications as above

There is a small risk of interference from aggregate devices to services operating in the 3.1-10.6 GHz band.

4. Ubiquitous use to include applications that require non-handheld outside transmission such as mobile telephony (i.e. base stations) in addition to the applications in 3 above.

The interference risk to existing services could be significant and unpredictable. This application has not yet been authorised by the FCC.

The Ministry view is that these differing levels of UWB use could be considered progressively for licensing in New Zealand with different levels of regulation.

Issue 5.a

As outlined earlier, the legislation provides for the granting of licences:

1. on an individual basis (spectrum or radio licences); or
2. on a general basis, whereby any person may use a device provided certain operational criteria (such as power output or frequency of operation) are met.

There are a number of features of the two licensing systems that assist in determining whether to license use on an individual or on a general basis.

Radio licences are generally issued where there are "quality of service" expectations. To meet these expectations, individual licences are issued on a basis that provides both a right to transmit and an associated expectation of receiver protection. These licence parameters are determined on well developed engineering principles, thus, licensees have confidence that their quality of service expectations will be met and their investment will continue to be protected from any licences created in the future.

The process of issuing radio or spectrum licences includes the documentation of suitable information that allows technical compatibility assessments to be undertaken and assisting in resolving interference, should it occur.

GULs are typically issued in situations where there is a ubiquitous service requirement. Usually they are for high volume, portable devices. As it is not possible to determine when and where these devices will be used, licensing is offered on a "non-interference basis" (they are not to cause interference to existing licensed services and any interference received from other users operating in accordance with individual licences must be tolerated.) Often there are low "quality of service" expectations for devices or technologies operated under a GUL. In recent years, equipment suppliers have been introducing "self-management" tools to reduce the effects of interference. For example, a cordless telephone may detect that a channel is being occupied by another user and select an alternative or vacant channel for operation.

GULs do not generally require information about implementation to be recorded. Consequently, individual interference assessments are not undertaken and little information is available in resolving ensuing interference problems.

These broad characteristics outlined above have been considered in the discussion of the following licensing options.

Initial indications are that UWB devices will suit a general licensing approach in the longer term as:

• many of the applications are of a ubiquitous nature and
• they are designed to share spectrum space with other devices.

5.2 Delay Licensing of UWB

One of the options available to New Zealand is to delay making any decisions on UWB until the technology matures. Such inaction is likely to have an economic cost for companies unable to implement the new technologies. It could also create an undesirable outcome for spectrum users in New Zealand if non-compliant UWB devices are imported illegally, which may be inevitable as UWB devices gain wider application overseas. If UWB is introduced as a consumer technology in our major trading partners, it would be difficult and potentially economically detrimental to prevent their use in New Zealand on a similar basis.

5.3 Spectrum Licensing for UWB

The Crown has to create Management Rights (MRs) before any spectrum licences can be created. Section 11A of the Act prevents the creation of two MRs for any particular frequency. The existence of MRs within the bands of interest means that spectrum licensing is not possible for UWB within the current legislative framework.

5.4 Radio Licensing for All UWB Applications

It is possible to issue radio licences for some types of UWB imaging applications due to the nature of their use and limited geographical proliferation. However, for most UWB applications such as communications devices and vehicular radar, which are expected to be of a ubiquitous nature, occupying bandwidths up to 100 times greater than conventional communication systems, traditional licensing approaches may not be suitable.

5.5 Radio Licensing for UWB Imaging Systems Only

The Ministry considers (as discussed in Section 5.2) that it may be possible to issue radio licences for such UWB imaging applications as GPR, wall imaging and through-wall imaging systems, with the operation of such devices being restricted to such specialist organizations as law enforcement agencies, fire and emergency rescue organizations, scientific research institutes, and commercial mining and construction companies.

5.6 General User Licensing for All UWB Use

GULs provide for the spectrum to be shared by many users on a non-interference basis. Since most UWB applications are of a ubiquitous nature, occupying bandwidths up to 100 times greater than normal and have the potential to share spectrum space with other devices, the Ministry is of the view that UWB applications would suit a general licensing approach in the longer term. This will be comparable to the "Unlicensed" approach taken by the FCC for UWB.

As a parallel example, a GUL for Short Range Devices which operate below the power floor of the Management Right used for FM broadcasting already exists in New Zealand.

5.7 General User Licensing for UWB Specialist Use Only

It is possible to issue GULs only for those UWB applications that have limited demand and are expected to be used intermittently (e.g. GULs for imaging and radar devices), with the proviso that they be registered with the Ministry and will be used only by specialist organizations, including law enforcement agencies, licensed healthcare groups, rescue services, and mining companies.

Issue 5.b

The Ministry invites comments on industry's preferred options for licensing UWB and timings.