December 28,2012
The Honorable Julius Genachowski
Chairman
Federal Communication Commission
445 12th Street, S.W.
Washington, D.C. 20554
Dear Chairman Genachowski:
I request that when the Commission considers the joint testing reports filed by Progeny and the
Wireless Internet Service Providers Association (WISPA), Itron, and the Landis+Gyr Company
in WT Docket 11-49 to determine whether Progeny's Multilateration Location and Monitoring
Service (M-LMS) service causes unacceptable interference to unlicensed (Part 15) devices
operating in the 902-928 Megahertz (MHz) spectrum band, it defines unacceptable interference
from the perspective of what would be an unacceptable consumer experience for the tens of
millions of Part 15 device users. I am concerned that conditions to begin commercial operation
have not been met by the applicant in the field tests with Part 15 users.
According to the Commission, the grant of the M-LMS license is conditioned on the licensee's
ability to demonstrate, through actual field tests in the proposed area of operation, that their
systems do not cause unacceptable levels of interference to Part 15 devices that utilize the 902­
928 MHz spectrum band. The FCC has shown its intent to respect the installed base ofmillions
ofPart 15 devices; however it has not clearly defined unacceptable interference.
Millions ofAmericans depend on devices supported by unlicensed spectrum in the 902-928 MHz
band. These devices include signaling systems used by railroads, pipelines, and smart grid
automatic meter reading devices, as well as Internet connections, medical devices, remote
controls, baby monitors, personal emergency service devices that connect to 911, and home
alarm systems. The quality ofcommunications and signals over these devices is crucial to
businesses as well as to consumers.
Innovation is an important part ofour country's competitive agenda and the 902-928 MHz
spectrum block is used by many new technologies utilizing unlicensed spectrum due to the
relatively low barriers to entry. We must continue to support innovation to build our economy
and compete in an increasingly high-tech global market and urge you to continue to keep this in
mind as you consider your decision which could impact the untold number of successful
companies that have integrated unlicensed devices into their operations if they are subject to
unacceptable levels of interference.
I hope you will continue to work with all of the stakeholders involved so that the band can
continued to be shared effectively.
Sincerely,
P1 tL\~A~ar
United States Senator
CC: Commissioner Robert McDOImell
Commissioner Mignon Clyburn
Commissioner Ajit Pai
Commissioner Jessica Rosenworcel