"[spectrum etiquette] may promote more efficient spectrum utilization by reducing interference between different license-free and licensed operators and should be considered for newly-certified devices"
Big Problem for xG. Big BIG problem. They via their lawyer plead (see addendum):
xG is concerned that adoption of the spectrum etiquette proposal, in its present form, will have an adverse effect on the deployment of its xMax technology.
xMax employs what can best be described as frequency agility. In the 902-928 MHz band in
which xMax operates, the band is divided into 18 discrete channels. When potential interference is detected on a channel on which the xMax device is operating, due to the presence of another low power device in close proximity operating in the 902-928 MHz band, the xMax device is capable, in milliseconds, of jumping to one of the other 18 channels, hence the term "frequency agility." The likelihood of encountering other devices operating on all 18 channels in a mobile environment at the same time is probably close to zero statistically. Thus, xMax has been designed to greatly minimize, if not eliminate entirely, the prospect of causing interference to other users of the 902-928 MHz band.
There is accordingly no need for a duty cycle, insofar as xMax is concerned, to allow other users access to the unlicensed 900 MHz band, despite the fact that xMax is designed to operate
While adoption of the spectrum etiquette proposal would not be fatal to the deployment of the
xMax technology, it would require extensive redesign and development with the attendant additional costs, further delays in deploying the technology and reduction in system capacity.
If docket 03-201 is adopted, can you see Bohman putting his hand in his pocket to pay for 'extensive redesign and development'? Especially now that he's made Rick cough up some of his own cash, and now that Rick is passing the hat round for $10m? Me neither.
If docket 03-201 is adopted then newMax is dead.
Its father, xMax, died a few years ago. For the technically minded it's instructive to compare the system outlines in the FCC link above with the one xG made to the FCC back in 2003. They are two very different systems. Funny. I missed the stock-market announcement about the change...