In discussing unlicensed spectrum, one thinks of the Industrial, Scientific and Medical (ISM) and Unlicensed National Information Infrastructure (U-NII) spectrum bands, where unlicensed is the predominate use. For example, the FCC recently opened up the 6 GHz band to unlicensed use (U-NII 5, 6, 7 and 8 bands). Other well-known unlicensed bands include 900 MHz, 2.4 GHz and 5 GHz (U-NII 1, 2 and 3 bands).
In addition to these well-known bands, however, every single radio frequency in the United States is available for some sort of unlicensed use. Starting at the low end of the RF scale, there is a permissible unlicensed use at 9 kHz. Continuing up the RF scale through every frequency band, to 38 GHz, and beyond, into the 60 GHz, 70 GHz and 90 GHz bands, unlicensed uses are permitted in each of these bands. The FCC allocated specific spectrum bands for identified unlicensed uses.
What’s the catch? In these other bands, only low power is allowed. The low power, unlicensed use goes “under the radar.” The permitted power levels are so low that federal or licensed non-federal users don’t detect the unlicensed use. However, even though low-power, these unlicensed uses can be profitable.
Flying under FAA radar
Let’s take an example. According to NTIA (the agency that administers the spectrum allocated to federal government use), the “960-1164 MHz band is part of the 960-1215 MHz band allocated on a primary basis to the Federal Government for the aeronautical radionavigation service (ARNS).” The FAA administers this band. It is used for radar at airports, among other things. I know from having represented some of these companies, that if an operator of an industrial microwave oven, or other device, interferes with FAA radar, the FCC’s Enforcement Bureau will be knocking on your door tout suite. Nothing gets quicker enforcement than a violation of FCC rules that endangers aviation safety. So, you would think that no one can use this heavily protected spectrum?
Well, not entirely. The FCC permits ultra-wide band (UWB) operation in the 960-1240 MHz band. According to the FCC, “UWB devices operate by employing very narrow or short duration pulses that result in very large or wideband transmission bandwidths.” UWB has a variety of uses, including “proximity marketing, customer analytics, indoor navigation, smart homes, factory automation, asset-tracking and logistics.” UWB is an example of a low power, unlicensed use that can make money.
You can use this spectrum for new products
In addition to UWB, the FCC has allocated spectrum bands for a host of other low power, unlicensed activities. The trick is to match the FCC’s spectrum allocation with the proposed use. However, there is no guide to unlicensed spectrum. The best source in this area, other than individual FCC rule sections, is a compilation published by the FCC’s Office of Engineering and Technology over 20 years ago, which is out of date.
I have compiled the relevant FCC rule sections that apply to unlicensed operation in each spectrum band, and can advise on what spectrum is available for your unlicensed, low power use. Call today if you need assistance in this area.
