[Federal Register Volume 71, Number 45 (Wednesday, March 8, 2006)]
[Rules and Regulations]
[Pages 11539-11540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1966]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket No. 03-122; FCC 06-12]


Unlicensed Devices in the 5 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document extends for 180 days the transition periods for 
unlicensed National Information Infrastructure (U-NII) equipment 
operating in the 5.250-5.350 GHz bands. This action will allow parties 
to continue to obtain equipment authorizations for such equipment and 
to market it under the rules in effect prior to the adoption of the 5 
GHz U-NII Report and Order pending the development of measurement 
procedures for evaluating these devices for compliance with the new 
rules.

DATES: Effective February 16, 2006.

FOR FURTHER INFORMATION CONTACT: Shameeka Hunt, Policy and Rules 
Division, Office of Engineering and Technology, (202) 418-2062, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
ET Docket No. 03-122, FCC 06-12, adopted February 15, 2006, and 
released February 16, 2006. The full text of this document is available 
for inspection and copying during regular business hours in the FCC 
Reference Center (CY-A257) 445 12th Street, SW., Washington, DC 20554. 
The complete text of this document also may be purchased from the 
Commission's copy contractor, Best Copy and Printing Inc., Portals II, 
445 12th Street, SW., Room CY-B402, Washington, DC 20554; telephone 
(202) 488-5300; fax (202) 488-5563; e-mail [email protected].

Summary of the Order

    1. The Commission, National Telecommunications and Information 
Administration (NTIA), and the U-NII equipment industry are continuing 
to work together to develop test procedures to ensure that DFS 
adequately protects most Federal Government radar systems and have now 
completed a draft plan of test procedures. We anticipate NTIA will soon 
submit the revised measurement procedure to the Commission for 
consideration. The Commission will issue the updated measurement 
procedures for the certification of U-NII equipment containing DFS and 
TPC capabilities.
    2. We note that the cut-off date for applications for equipment 
certification for products without DFS and TPC that operate in the 
5.250-5.350 GHz band is January 20, 2006. We therefore are extending 
this cut-off date by 180 days in order to allow sufficient time for 
manufacturers to incorporate DFS into U-NII devices and comply with the 
rules including the new test procedures. Therefore, effective July 20, 
2006, all devices for which an initial application for equipment 
certification is filed for U-NII equipment operating in the 5.250-5.350 
GHz band must meet the rules adopted in the 5 GHz U-NII Report and 
Order. We also extend by 180 days the two-year cut-off date for 
marketing and importation of equipment designed to operate in only the 
5.250-5.350 GHz band. Therefore, U-NII equipment operating in the 
5.250-5.350 GHz band that are imported or marketed on or after July 20, 
2007 must comply with the DFS and TPC requirements adopted in the 5 GHz 
U-NII Report and Order. We note that users who obtained equipment prior 
to any of these cut-off dates will be allowed to continue to use that 
equipment indefinitely. Finally, because our action today temporarily 
relieves a restriction, i.e., the cut-off dates for equipment 
authorizations and the marketing of U-NII equipment in the 5.250-5.350 
GHz band, we make this Order effective upon release.

Ordering Clauses

    3. The Congressional Review Act (CRA), was addressed in a Report 
and Order released by the Commission, on November 18, 2003, in ``In the 
Matter of Revision of Parts 2 and 15 of the Commission's rules to 
permit Unlicensed National Information Infrastructure (U-NII) devices 
in the 5 GHz band'' in this proceeding, FCC 03-287, 69 FR 2677, January 
20, 2004. This Order does not change any rules, it only extends the 
transition period for unlicensed U-NII devices. Therefore, the CRA 
requirements have already been fulfilled for this rule.
    4. Pursuant to sections 4(i), 303(f), and 303(r) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(f), and 
303(r), and Section 553(d) of the Administrative Procedure Act, 5 
U.S.C. 553(d), the Order is hereby adopted.
    5. Section 15.37(l), 47 CFR is hereby amended, as set forth in the 
rule change and shall become effective February 16, 2006.

List of Subjects in 47 CFR Part 15

    Communication equipment, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Change

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 15 as follows:

[[Page 11540]]

PART 15--RADIO FREQUENCY DEVICES

0
1. The authority citation for part 15 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544A.


0
2. Section 15.37 is amended by revising paragraph (l) to read as 
follows:


Sec.  15.37  Transition provisions for compliance with the rules.

* * * * *
    (l) U-NII equipment operating in the 5.25-5.35 GHz band for which 
applications for certification are filed on or after July 20, 2006 
shall comply with the DFS and TPC requirements specified in Sec.  
15.407. U-NII equipment operating in the 5.25-5.35 GHz band that are 
imported or marketed on or after July 20, 2007 shall comply with the 
DFS and TPC requirements in Sec.  15.407.
* * * * *
[FR Doc. 06-1966 Filed 3-7-06; 8:45 am]
BILLING CODE 6712-01-P