[Federal Register Volume 66, Number 113 (Tuesday, June 12, 2001)]
[Rules and Regulations]
[Pages 31556-31557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14525]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket 99-231; FCC 01-158]


Spread Spectrum Devices; and Wi-LAN, Inc. Application

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document denies Wi-LAN's Application for Review and 
grants a waiver request for equipment certification for Wi-LAN's 
Wideband Orthogonal Frequency Division Multiplexing (W-OFDM) system and 
similar systems that operate in the 2.4-2.483 GHz band if they meeting 
the existing rules for direct sequence spread spectrum systems. We take 
this action to serve the public interest.

DATES: Effective June 12, 2001.

FOR FURTHER INFORMATION CONTACT: Neal McNeil, Office of Engineering and 
Technology, (202) 418-2408, TTY (202) 418-2989, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rule Making and Order, ET Docket 99-231, FCC 
01-158, adopted May 10, 2001 and released May 11, 2001. The full text 
of this document is available for inspection and copying during regular 
business hours in the FCC Reference Center (Room CY-A257), 445 12th 
Street, SW, Washington, DC 20554. The complete text of this document 
also may be purchased from the Commission's duplication contractor, 
International Transcription Service, Inc., (202) 857-3800, 1231 20th 
Street, NW., Washington, DC 20036.

Summary of Order

    1. Wi-LAN Application for Review. On February 17, 2000, Wi-LAN 
filed an application for equipment certification for its Wideband 
Orthogonal Frequency Division Multiplexing (W-OFDM) transmitter under 
the rules for direct sequence spread spectrum systems. The Commission's 
Office of Engineering and Technology (``OET'') denied that application 
on the basis that Wi-LAN's W-OFDM device did not meet the definition of 
a direct sequence spread spectrum system as set forth in Sec. 2.1 of 
the rules. Subsequently, OET denied Wi-LAN's Petition for 
Reconsideration of that decision for the same reasons. Wi-LAN filed an 
Application for Review of the staff action. In this filing, Wi-LAN 
argues that its device meets all the technical requirements explicitly 
stated in the rules for direct sequence spread spectrum systems and 
should be granted certification. We find that OET acted properly in 
denying Wi-LAN's application for certification. In this regard, we 
agree with OET that Wi-LAN's W-OFDM device does not meet the definition 
of a direct sequence spread spectrum system as set forth in Sec. 2.1 of 
the rules. The Wi-LAN system does however, resemble a spread spectrum 
system in its spectrum characteristics. Notwithstanding our finding 
that Wi-LAN's W-OFDM system is not a spread spectrum system as defined 
in our rules, we find that it will serve the public interest to allow 
grant of equipment certification now for this system and similar 
systems that operate in the 2.4-2.483 GHz band if they meet the 
existing rules for direct sequence spread spectrum systems in 47 CFR 
15.247(a), (b), (c), and (d), conditioned on their compliance with any 
final rules that may be adopted in this proceeding. Accordingly, the 
Commission will waive, on an interim basis, the restriction of 47 CFR 
15.247(a) that limits operation pursuant to the remaining portions of 
47 CFR 15.247 to frequency hopping and direct sequence spread spectrum 
systems. We find that there is good cause to waive the cited rule 
during the pendency of this proceeding because such devices have 
generally the same emission mask as currently authorized devices and 
thus will not undermine the existing rules. Digital modulation systems 
closely resemble spread spectrum systems in terms of their spectrum 
occupancy characteristics, and therefore are not likely to pose any 
increased risk of interference over that posed by spread spectrum 
systems. We believe that compliance with the rules, which address 
spectrum occupancy, power, out-of-band emissions, and antennas, will 
ensure that digital modulation systems operating in the 2.4 GHz band 
will operate with the same spectrum occupancy characteristics as spread 
spectrum systems. We also observe that such systems appear to offer 
capabilities in terms of broadband data transmission capacity that are 
likely to make them more desirable than traditional spread spectrum 
systems for many users. Allowing authorization of digital modulation 
systems now will avoid the delays otherwise imposed by our rulemaking 
process and thereby substantially speed the process for implementation 
of these new system designs. In this regard, our decision to waive the 
restrictions which prevent authorization of such systems reflects our 
view that it is appropriate and desirable to take steps wherever 
possible to facilitate the timely and efficient introduction of new 
technologies and equipment, and particularly those that will support 
the development and deployment of broadband infrastructure without 
threat to incumbent operations and devices. For the reasons indicated 
in this Further Notice of Proposed Rule Making and Order (FNPRM and 
Order) that the Commission released on May 11, 2001, we believe that 
authorization of Wi-LAN's device and other digital modulation systems 
prior to our adoption of final rules will not result in harm to other 
radio operations. Consistent with Wi-LAN's application for equipment 
certification, we will require that any devices granted prior to the 
adoption of new rules pursuant to the provisions of paragraph 26 of the

[[Page 31557]]

FNPRM and Order comply with a maximum peak output power limit of 100 
mW. In addition, any devices so conditionally authorized will have to 
comply with whatever rules we ultimately adopt for digital modulation 
systems in the 2.4 MHz band. Accordingly, we are instructing the 
Commission's Office of Engineering and Technology (``OET'') to re-
examine the Wi-LAN application for certification of its W-OFDM system 
for its compliance with the above listed portions of 47 CFR 15.247 of 
the rules and the power limits indicated. OET shall also accept 
applications for equipment certification under 47 CFR 15.247 for other 
devices using digital modulation techniques if the equipment complies 
with the provisions stated in the FNPRM and Order. Such applications 
submitted pursuant to the provisions of the FNPRM and Order need not be 
accompanied by a formal waiver request, but should state that they fall 
within the terms of the FNPRM and Order as to the waiver. Any such 
applications will be subjected to the conditions set forth in the FNPRM 
and Order, including that operation is conditioned on compliance with 
any final rules that may be adopted in this proceeding.
    2. Pursuant to sections 4(i), 301, 302, 303(e), 303(f), and 303(r) 
of the Communications Act of 1934, as amended, 47 U.S.C. Sections 
154(i), 301, 302, 303(e), 303(f), and 303(r), the Application for 
Review filed by Wi-LAN, Inc., on September 20, 2000 is hereby DENIED.

List of Subjects in 47 CFR Part 15

    Communications equipment.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 01-14525 Filed 6-11-01; 8:45 am]
BILLING CODE 6712-01-P