The FCC has a problem with some US patents that grant rights of transmission
What the FCC is struggling with is that there are several US telecoms patents that have been granted that, as a part of their claims, have been granted the right to transmit over any network. They have to pay a royalty to the patent holder as they do not have a license to grant their own license to transmit in those circumstances. They are thus trying to get around the patents by trying to make the auction a sale of an open system. The inventor will still have a right to a royalty on the license sale proceeds and he will still end up being paid for his rights. The wheels of justice move ever so slow, but they will get there in the end.
For the record, this is a part of my recent submission to the FCC
Federal Communications Commission
445 12th Street, S.W.
Washington DC 20554 Thursday June 7th, 2007
Electronic Submission via the FCC ECFS comment filing system
Comment On Google Proposals Regarding Service Rules for 700MHz Band
Spectrum WT Docket No. 06-150; WT Docket No. 06-169; PS Docket No. 06-229; WT Docket No. 96-86
First of all I remind you of my letter to Michael K. Powell dated October 26, 2001 on the letterhead of GPNS Corporation under the CC Docket No. 94-102 in which we stated:
“but we also have been granted Patent rights by another branch of Government that impinges upon the workings of the FCC. We enjoy “the right to exclude others from making, using, offering for sale or selling…”
We ask if there has been adequate consideration of the matter of the grant of licenses.
1. Whether for transmission between a portable wireless transmitter and a base
2. Or, for example, location and monitoring Services.
Have potential licensees, (in particular where it must have been known from the outset, that there would be conflict with the already granted US patent rights that give us now our intellectual property base), been kept informed that our right to grant a license might well impinge upon the license being sold by the FCC?
Has consideration been given to the need to recompense us for the royalty income that will entail from the grant of such licenses?”
The FCC never did answer the questions raised, and considering the potentially very substantial sums of money involved; perhaps this is an appropriate moment to do so before the next auction being mooted of the 700 MHz spectrum?
The patents in question, 5,712,679 6,181,373 and 6,469,735