The International Telecommunication Union’s 31 December deadline passed without resolution in the intellectual-property-right stand-off over third-generation technology, but the ITU has indicated it may push ahead anyway.
The ITU warned the wireless industry in December it may only consider proposals for 3G technologies based on TDMA (Time Division Multiple Access) technology if the disputes surrounding the IPR of CDMA (Code Division Multiple Access) proposals were not resolved by the end of the year. But the ITU’s stance on the matter seems to be softening as carriers and vendors pressure the international standards body to continue its work.
The ITU received 15 different CDMA-based proposals from regional standards bodies and entities around the world. Many proposals are closely connected to W-CDMA technology, the 3G standard designed to evolve from GSM (Global System for Mobile communications) technology. Qualcomm Inc. of San Diego, United States, and Sweden-based L.M. Ericsson have refused to license patents they claim to hold for CDMA technology unless certain terms are met. 3G technology promises consumers Internet-friendly handsets, high data speeds and full-motion video service in the 21st century.
Fabio Leite, counselor in the Radiocommunications Bureau of Geneva-based ITU, said CDMA proposals that have unresolved IPR issues attached have been dropped from the standards process thus far. But at the same time, ITU is working out a way to proceed without disrupting time frames it has set to decide on 3G technology. The ITU said it will not weigh in on the validity of IPR claims.
“Our main worry is that we don’t want to affect the aggressive schedule we have for this year,” said Leite. “The next deadline is March of this year. At a meeting in Brazil, a selection of technology will have to be taken … We want to give free hands to technical experts in such a way that they can at least do the technical work without being affected by IPR. We still don’t know how this can be done. We’re going to consult with [Qualcomm and Ericsson].”
Leite said a number of vendors are willing to negotiate their patents to the technologies, and many operators want to see the ITU continue despite the IPR stalemate. Leite also said members can change the way patent policy is applied to the 3G process.
“We’re taking into account these elements to see what can be done,” he said. “The last three weeks of January will be crucial, and we’ll meet to decide what can be done.”
The clash over IPRs within the ITU turns on a push for convergence of the two leading CDMA proposals, W-CDMA and cdma2000-based on existing cdmaOne technology. Qualcomm said it will not grant patents it claims to hold to W-CDMA technology unless one CDMA standard is achieved that accommodates both ANSI-41 networks used in North America and GSM MAP networks.
Ericsson has stated it holds patents essential to both W-CDMA and cdma2000 technologies and is not prepared to offer licenses if another company refuses full reciprocity globally. It wants each country to be allowed to choose which technology to deploy.
Mainly, the chip rate is at issue, with W-CDMA proponents unwilling to move the chip rate below 3.84 Megachips per second because of capacity reasons, and cdma2000 backers saying investment in today’s cdmaOne systems will be lost if the chip rate exceeds 3.6864 Mcps. Political and technical issues continually stand in the way, say industry experts.
But as the clock ticks away at the ITU, vendors say carriers worldwide increasingly are pressuring them to resolve the IPR standstill. Japan’s NTT DoCoMo is expected to be the first operator to commercially deploy a W-CDMA system using equipment from Ericsson and other vendors by 2001 to relieve network capacity constraints.
The CDMA Development Group, comprising cdmaOne vendors and carriers from around the world, is pushing a proposal that keeps the 3.6864 Mcps chip rate but compromises on other technical issues being contested today between W-CDMA and cdma2000 camps. This follows Ericsson’s proposal late last year to reduce the chip rate from 4.096 to 3.84 Mcps.
CDG said its proposal is based on work already done within the United States’ Telecommunications Industry Association and Japan’s Association of Radio Industries and Businesses. The proposal allows for flexibility in frame length, synchronizing vs. asynchronizing base stations and direct sequence vs. multi-carrier approach.
CDG members are traveling to Asia to discuss the option with operators.
“We also are working to pull together with other operators some kind of forum so that operators and manufacturers can come together to get the IPR issue resolved and get ITU on track,” said Perry LaForge, executive director of the CDG.
Meanwhile, several of Qualcomm’s cdmaOne patents are under attack in Europe, where the European Patent Office early last month orally revoked one of Qualcomm’s patents it received in 1996. Qualcomm said the patent applies to techniques used to increase capacity in cdmaOne systems. Motorola Inc. was successful in opposing the patent.
Once a written decision is handed down, Qualcomm said it will appeal the decision, a process that could take 18 months. Other vendors, including Motorola, Nokia Corp. and Ericsson, have filed oppositions to Qualcomm’s patents in Europe as well.
