Regulatory Aspects of 802.11

Regulatory Aspects of 802.11
An objection often raised about 802.11 applications is that because the spectrum used by 802.11 (2.4
GHz for 802.11b and 5.8 GHz for 802.11a) is unlicensed, it will inevitably become overused (called
tragedy of the commons) to a point of being unusable at which time the government (U.S. or other) will
step in to control the spectrum, making it no longer free, thus costing the service provider his or her profit
margin and relegating the market to deep-pocketed monopolists.
This chapter explores the considerations wireless service providers should take into account when
deploying service on unlicensed 802.11 bands. Next, it explores a new initiative from the Federal
Communications Commission (FCC), which heralds a change to spectrum management that may
actually serve to liberalize the FCC's approach to what spectrum is unlicensed. Finally, the chapter
covers an initiative in the U.S. Congress to free more spectrum for the use of broadband wireless Internet
applications. If anything, it appears that the U.S. government is developing a policy to encourage the use
of unlicensed spectrum.
The Current Regulatory Environment
Even though 802.11 operates in unlicensed spectrum, a service provider must know a number of things
in order to stay out of trouble with state and federal authorities. The following paragraphs outline the most
prominent problem areas.
Spectrum is managed by a number of different organizations. The most visible to the general public is the
FCC. The FCC manages civilian, state, and local government usage of the radio spectrum. The FCC
regulations are contained in the "Code of Federal Regulations, Title 47."
At the time of this writing, the FCC has very limited resources for enforcement, as the trend for the last
couple of decades has been deregulation and the reduction of staffing in the enforcement bureaus. The
National Telecommunications and Information Administration (NTIA), which works with the
Interdepartmental Radio Advisory Committee (IRAC), also manages federal use of the spectrum.
The following sections are a brief overview of what a service provider needs to be concerned about when
operating in unlicensed spectrum. This synopsis was provided by Tim Pozar of the Bay Area Wireless
Users Group based on many years experience advising friends and clients on what they can and cannot
do with unlicensed spectrum.