This Petition for Rulemaking calls for the creation of a new band of frequencies for high capacity, unlicensed wireless data -- the "NII Band." Specifically, Apple proposes that the Commission allocate 300 MHz of spectrum in the 5 GHz range, comprised of the 5150-5300 MHz band (which has been allocated throughout most of Europe for "HIPERLAN" unlicensed wireless local area networks) and the 5725-5875 MHz band (which currently is used by unlicensed Part 15 technologies; industrial, scientific and medical ("ISM") devices; and Amateur operators).

The essential characteristics of the NII Band are:

• Adequate bandwidth to support high-speed applications (up to 24 Mbps or more) and large numbers of users;

• "Part 16" operation in protected spectrum and in conformance with an overarching set of technical rules, developed by the information industry;

• Equal access to the spectrum for all compliant devices and all types of communications; and

• Longer distance communications (10-15 km or more), creating new possibilities for unlicensed community networks.

The NII Band will be fundamentally different from any other wired, licensed-wireless, or unlicensed service. Unlike licensed-wireless services, no single entity will have an exclusive license to provide service using the spectrum. Unlike both licensed-wireless and wired services, availability will not be determined by a service provider's deployment plan or the economics of a fee-for-service offering.

Unlike traditional Part 15 operation, NII Band devices will not have to contend with unpredkctable and uncontrollable interference, a host of different devices employing a variety of modulation schemes and power levels, and the continuing threat of giving way to incompatible services.

Unlike Data-PCS offerings, the NII Band will support very high- bandwidth transmissions and communications over longer distances. Unlike the proposed unlicensed bands above 40 GHz, the NII Band will support certain in-building and longer- distance communications that are not feasible using very high frequencies and will be amenable to more rapid product deployment.

The NII Band would promote the full deployment of a National Information Infrastructure ("NII"), extending the effective reach of the NII by making possible high-bandwidth access and interaction throughout a limited geographic area -- where mobility is key -- both on a peer-to-peer, ad hoc basis and through wireless local area networks. Moreover, it would provide for unlicensed, wireless, wide area "community networks" connecting communities, schools, and other groups underserved by existing and proposed telecommunications offerings.

The NII Band would advance a host of public policy objectives, including assuring that all segments of society have access to the "information superhighway;" extending advanced telecommunications offerings to schools, libraries, hospitals, and government agencies; and promoting the participation of small businesses, businesses owned by women or minorities, and pioneering firms in tomorrow's telecommunications marketplace.

Because the NII Band would build upon, but transcend, both the European HIPERLAN effort and existing Part 15 unlicensed use, it would increase U.S. competitiveness and create new export opportunities; provide interconnectivity between U.S. and European markets, thereby furthering the creation of a Global Information Infrastructure ("GII"); and dramatically expand the applications that can be supported by, and the market for products operating in, the 5 GHz ISM band.

These goals can be achieved while accommodating most current and proposed uses of the 5150-5300 and 5725-5875 MHz bands, including Microwave Landing Systems ("MLS") (if, contrary to current expectations, MLS is used in the United States), "Big LEO" system feeder uplinks, Amateur operators, existing Part 15 devices, and ISM products.

Accordingly, Apple requests that the Commission expedite creation of the NII Band and adopt technical rules to hasten the development and deployment of new technologies.

See the Complete Text of Petition.

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