JOHN D. DINGELL
12TH DISTRICT. MICHIGAN
COMMITTEE ON
ENERGY ANO COMMERCE
CO-CHAIR
HOUSE GREAT LAKES
TASK FORCE
MEMBER
MIGRATORY BIRD
CONSERVATION COMMISSION
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WASHINGTON OFFICE:
ROOM 2328
RAYBURN HOUSE: OFFICE BUIlDING
WASHINGTON, DC 20515·2216
(202) 225-4071
DISTRICT OFFICES:
19855 WEST OUTER DAIVE
SUITE 103·E
DEARBORN, MI 48124
(313) 278·2936
301 WEST MICHIGAN AVENUE
SUITE 400
YPSILANTI, MI 48197
(734) 481 -11 00
The Honorable Mignon Clyburn
Acting Chairwoman
V.S. Federal Communications Commission
445 12'h Street, S.W.
Washington, D.C. 20554
Dear Acting Chairwoman Clyburn:
I write concerning the Commission's mandate under section 6406 of the Middle Class
Reliefand Job Creation Act of2012 (''the Act"). As you are aware, that section authorizes the
Commission to commence a proceeding to modify Part 15 oftitle 47, Code of Federal
Regulations, to allow Vnlicensed National Information Infrastructure (V-NIl) devices to operate
in the 5350-5470 Megahertz band. I understand that the Commission also is considering revising
its rules to allow V-NIl devices to operate in the 5850-5925 Megahertz band. In your
deliberations, I urge the Commission not to take any actions to allow V-NIl devices to operate in
the 5850-5925 Megahertz band unless and until the National Telecommunications and
Information Administration (NTIA) has determined that the operation of such devices will not
cause interference to intelligent transportation systems (ITS) in that band.
The V.S. Department of Transportation and automobile industry have made substantial
investments for well over a decade in developing ITS that will be deployed within the 5850-5925
Megahertz band. These are systems critical to safety, including vehicle-to-vehicle and vehicle­
to-infrastructure communications, that have the potential to eliminate up to 80 percent of non­
impaired crashes each year. It is my understanding that this band could also be used for
unlicensed wireless broadband, which, as we have seen, is a significant driver of economic and
technological growth. I wish to ensure that Americans drive safer vehicles and enjoy the benefits
of wireless growth at the same time. Consequently, I believe that before V-NIl devices are
allowed to operate in the 5850-5925 Megahertz band, the Commission must ensure such devices
will not interfere with ITS.
At the June 27, 2013, Energy and Commerce Subcommittee on Communications and
Technology hearing about federal spectrum use, I inquired of Mr. Karl Nebbia, Associate
Administrator of the Office of Spectrum Management at NTIA, whether it would be premature
for the Commission to authorize the use of V-NIl devices in the 5850-5925 Megahertz band
before studies are completed and also confirm such devices will not interfere with ITS or that
strategies to mitigate such risk sufficiently are available. Nebbia responded in the affirmative.
Nebbia further responded in the affirmative when queried ifNTIA will recommend to the
Commission that it make the 5850-5925 Megahertz band available for use by unlicensed devices
http://www.house.gov/dingell
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iJll.... ,1
The Honorable Mignon Clyburn
Page 2
only when and ifNTIA is satisfied that unlicensed services can share the spectrum with ITS
without interference.
Given the concerns I have expressed above, as well as Mr. Nebbia's responses to my
questions, please respond in writing no later than July 15,2013, indicating whether the
Commission will revise its rules to permit unlicensed V-NIl devices to operate in the 5850-5925
Megahertz band prior to completion of a study by NTIA confirming that the operation of V-NIl
devices in the 5850-5925 Megahertz band will not cause interference to ITS devices in the band.
I have secured the unanimous consent of the Energy and Commerce Subcommittee on
Communications and Technology to include this letter and your response to it in the record of the
Subcommittee's June 27, 2013, hearing titled, "Equipping Carriers and Agencies in the Wireless
Era." Consequently, I would be grateful for your timely response to this inquiry.
Thank you for your kind attention to this matter. Should you require additional
information, please feel free to be in touch with me directly or have a member of staff contact
Andrew Woelfling in my office at 202-225-4071.
With every good wish,
John D. Dingell
Member of Congress
cc: The Honorable Anthony Foxx, Secretary
V.S. Department of Transportation
The Honorable David Strickland, Administrator
National Highway Traffic Safety Administration
The Honorable Lawrence Strickling, Administrator
National Telecommunications and Information Administration