[Federal Register Volume 71, Number 85 (Wednesday, May 3, 2006)]
[Proposed Rules]
[Pages 26004-26006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6742]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket No. 03-122; DA 06-927]


Unlicensed Devices in the 5 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document seeks to refresh the record on issues raised in 
petitions for reconsideration of the Report and Order in this 
proceeding. The petitions sought reconsideration and clarification, in 
part, of the equipment authorization requirements for Unlicensed 
National Information Infrastructure (U-NII) devices employing dynamic 
frequency selection (DFS). We seek additional comment on the DFS issues 
raised in the petitions for reconsideration and, in particular, how 
these issues are addressed by the Project Team's revised compliance and 
measurement procedures and the Commission's rules.

DATES: Comments must be filed on or before May 15, 2006, and reply 
comments must be filed on or before May 18, 2006.

FOR FURTHER INFORMATION CONTACT: Shameeka Hunt, Office of Engineering 
and Technology, (202) 418-2062, e-mail: [email protected], TTY (202) 
418-2989.

ADDRESSES: You may submit comments, identified by ET Docket No. 03-122, 
DA No. 06-927, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     E-mail: [Optional: Include the E-mail address only if you 
plan to accept comments from the general public]. Include the docket 
number(s) in the subject line of the message.
     Mail: [Optional: Include the mailing address for paper, 
disk or CD-ROM submissions needed/requested by your Bureau or Office. 
Do not include the Office of the Secretary's mailing address here.]
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional

[[Page 26005]]

information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice, ET Docket No. 03-122, DA No. 06-927, released April 26, 2006. 
The full text of this document is available for inspection and copying 
during normal 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 copy 
contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room, 
CY-B402, Washington, DC 20554. The full text may also be downloaded at: 
http://www.fcc.gov.
    Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 
CFR 1.415, 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using: (1) The Commission's Electronic 
Comment Filing System (ECFS), (2) the Federal Government's eRulemaking 
Portal, or (3) by filing paper copies. See Electronic Filing of 
Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ 
or the Federal eRulemaking Portal: http://www.regulations.gov. Filers 
should follow the instructions provided on the Web site for submitting 
comments.
     For ECFS filers, if multiple docket or rulemaking numbers 
appear in the caption of this proceeding, filers must transmit one 
electronic copy of the comments for each docket or rulemaking number 
referenced in the caption. In completing the transmittal screen, filers 
should include their full name, U.S. Postal Service mailing address, 
and the applicable docket or rulemaking number. Parties may also submit 
an electronic comment by Internet e-mail. To get filing instructions, 
filers should send an e-mail to [email protected], and include the following 
words in the body of the message, ``get form.'' A sample form and 
directions will be sent in response.
     Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. If more than one 
docket or rulemaking number appears in the caption of this proceeding, 
filers must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
     The Commission's contractor will receive hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail should be addressed to 445 12th Street, SW., Washington, DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an e-mail to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

Summary of Public Notice

    1. The Office of Engineering and Technology (OET) seeks to refresh 
the record on issues raised in petitions for reconsideration of the 
Report and Order, 69 FR 2677, January 20, 2004, in this proceeding. The 
petitions sought reconsideration and clarification, in part, of the 
equipment authorization requirements for Unlicensed National 
Information Infrastructure (U-NII) devices employing dynamic frequency 
selection (DFS). The International Telecommunication Advisory 
Committee-Radiocommunication (ITAC-R) Government/Industry Project Team 
(Project Team) recently reached consensus on revised compliance and 
measurement procedures for DFS, and the National Telecommunications and 
Information Administration (NTIA) has presented these recommendations 
to the Commission. NTIA notes that the revised procedures represent the 
Federal Government's requirements for compliance measurement procedures 
for U-NII devices employing DFS and include modified definitions, new 
response requirements, and reporting requirements compared to previous 
versions of the procedures.
    2. On November 12, 2003, the Commission adopted a Report and Order, 
in this proceeding, which amended part 15 of the rules to make an 
additional 255 megahertz of spectrum available in the 5.470-5.725 GHz 
band for U-NII devices, including Radio Local Area Networks (RLANs). In 
addition to making more spectrum available for use by U-NII devices, 
the Commission took steps to minimize the potential for these devices 
to cause interference to existing radiofrequency operations. 
Specifically, the Commission adopted requirements for U-NII devices in 
the 5.250-5.350 GHz and 5.470-5.725 GHz bands to employ Dynamic 
Frequency Selection (DFS) and Transmit Power Control (TPC). The 
Commission codified requirements for these U-NII devices in part 15, 
Subpart E of its rules (47 CFR 15.401 et seq.).
    3. In the Report and Order, the Commission also provided an interim 
measurement procedure to be used by the Commission and others in 
determining whether U-NII devices comply with the rules. The Commission 
stated that the provisions of this test procedure would need to be 
modified as equipment was developed and as testing methodologies were 
refined. The Commission also stated that the OET Laboratory may issue 
updated measurement procedures in the future. The Project Team has 
worked since the release of the Report and Order to develop new 
measurement procedures for performing DFS compliance measurement tests 
for U-NII equipment operating in the 5250-5350 MHz and 5470-5725 MHz 
bands.
    4. Globespan Virata (Globespan), Wi-Fi Alliance, and Extreme 
Networks filed petitions seeking clarification or reconsideration of 
various aspects of the rules adopted in the Report and Order. Globespan 
requests that the Commission revise the rules to state that U-NII 
devices are not required to detect and avoid frequency hopping radar 
signals. Globespan further requests that if it was the intent of the 
Commission to include frequency hopping radars in the DFS requirements, 
the Commission should specify a measurement procedure for this 
requirement. Wi-Fi Alliance seeks clarification, in part, of the 
channel availability check time requirement in section 
15.407(h)(2)(ii). Finally, Extreme Networks seeks clarification of the 
definition of a U-NII central controller that must include DFS 
capability.
    5. OET notes that these petitions for reconsideration raise issues 
regarding DFS compliance and measurement procedures that are addressed 
in the Project Team's revised procedures. Therefore, in order to 
refresh the record,

[[Page 26006]]

we seek additional comment on the DFS issues raised in the petitions 
filed by Globespan, Wi-Fi Alliance, and Extreme Networks and, in 
particular, how these issues are addressed by the Project Team's 
revised compliance and measurement procedures and the Commission's 
rules.

Federal Communications Commission.
Julius P. Knapp,
Deputy Chief, Office of Engineering and Technology.
 [FR Doc. E6-6742 Filed 5-2-06; 8:45 am]
BILLING CODE 6712-01-P