[Federal Register Volume 71, Number 133 (Wednesday, July 12, 2006)]
[Rules and Regulations]
[Pages 39229-39231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10794]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket No. 03-122; FCC 06-96]


Unlicensed Devices in the 5 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document addresses petitions for reconsideration and 
clarification of the Commission's rules for 5 GHz U-NII devices adopted 
in the Report and Order in ET Docket No. 03-122 and revises the 
measurement procedures for certifying U-NII devices in the 5 GHz band. 
Our action will ensure that all applications for equipment 
certification of U-NII devices comply with the U-NII requirements.

DATES: Effective August 11, 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 
Memorandum Opinion and Order, ET Docket No. 03-122, FCC 06-96, adopted 
June 29, 2006, and released June 30, 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].

[[Page 39230]]

Summary of the Memorandum Opinion and Order

    1. In the Memorandum Opinion and Order, the Commission granted a 
request by the Wi-Fi Alliance to clarify the Transmit Power Control 
(TPC) requirements in Sec.  5.407(h)(1), dismissed a request by the Wi-
Fi Alliance to clarify the channel availability check time requirement 
in Sec.  15.407(h)(2)(ii), denied a request by Globespan Virata to 
revise the rules to state that U-NII device are not required to detect 
and void frequency hopping radar signals, and dismissed a request by 
Extreme Networks to modify the definition of a U-NII central controller 
that must include Dynamic Frequency Selection (DFS) capability. The 
Memorandum Opinion and Order also issues a revised measurement 
procedure for certifying U-NII devices for compliance with the DFS 
requirements in the 5.25-5.35 GHz and 5.47-5.725 GHz bands. Our action 
will ensure that all applications for equipment certification of U-NII 
devices filed on or after July 20, 2006 will comply with the U-NII 
requirements for these bands.
    2. In its Motion for Clarification, the Wi-Fi Alliance seeks 
clarification of the TPC requirements for U-NII devices, and the text 
in Sec.  15.407(h)(2)(ii) regarding the DFS requirement for channel 
availability check time. The TPC requirement is intended to protect 
Earth Exploration-Satellite Service (active) (EESS) and Space Research 
Service (active) (SRS) operations by regulating a device's transmit 
power in response to an input signal or a condition (e.g., a command 
signal issued by a controller when the received signal falls below a 
predetermined threshold). We recognize that the first sentence of Sec.  
15.407(h)(1) states that all U-NII devices must employ a TPC mechanism, 
while the last sentence modifies the first sentence by indicating that 
TPC is not required for systems with an EIRP of less than 500 mW. 
Because the wording of the TPC requirement in Sec.  15.407(h)(1) may be 
confusing, we clarify, as the Commission stated in the Report and 
Order, 69 FR 2677, January 20, 2005, that there is no need to require 
TPC for a low-power U-NII device and that TPC is only required for U-
NII devices operating at power levels higher than 500 mW. A U-NII 
device with an EIRP less than 500 mW is exempt because the device will 
not interfere with other operations in the 5.25-5.35 GHz and 5.47-5.725 
GHz bands. We also clarify that the TPC requirement applies to each U-
NII device since a U-NII device's transmission output power when 
combined with antenna gain produces an overall power referred to as 
``EIRP.''
    3. With regard to further clarification of Sec.  15.407(h)(2)(ii) 
on DFS channel availability check time, the Project Team reached a 
consensus in the revised measurement procedure on a definition for 
channel availability check time that allows for fast channel changing. 
Since this issue is addressed in the revised measurement procedure that 
we issued with the MO&O, we dismiss this part of the Wi-Fi Alliance 
petition. Our action will allow industry to continue discussions with 
the Federal Government on this issue as needed, and the Commission's 
Laboratory may issue updated measurement procedures in the future if 
further modifications are needed.
    4. Globespan requests that we clarify our rules to state that DFS-
equipped U-NII devices are not required to detect and avoid frequency 
hopping radars in the 5.25-5.35 GHz and 5.47-5.725 GHz bands. We did 
not intend to exclude frequency hopping radars from the DFS 
requirement. In the Report and Order, we adopted DFS requirements to 
protect all Federal Government radar systems from interference from U-
NII devices operating in the 5.25-5.35 GHz and 5.47-5.725 GHz bands. We 
made no distinction in the protection requirements between frequency 
hopping and other types of radars and Globespan points to no language 
that would support its contention. In fact, the interim test procedure 
appended to the Report and Order in this proceeding, which was 
developed by the Project Team, addresses the unique sharing challenges 
of how DFS should perform in the presence of frequency hopping radars.
    5. The revised measurement procedure that we are endorsing with 
this MO&O addresses how DFS should perform in the presence of different 
types of radar systems, including frequency hopping radars. More 
specifically, section 6 of the revised measurement procedure provides 
the parameters for the required test waveforms, the minimum percentage 
of successful detections, and the minimum number of trials that must be 
used to determine DFS conformance. Accordingly, the DFS requirement is 
clearly intended to encompass frequency hopping radar systems.
    6. Extreme Networks seeks clarification of the definition of a 
central controller that must have DFS capability. The intent of the DFS 
requirement in the rules is to ensure that all elements of a system 
(both master devices and client devices) are capable of avoiding 
causing harmful interference to government radars by dynamically 
switching frequencies. Although Section 5 of the revised measurement 
procedure addresses DFS capability for U-NII devices operating in 
master-client configurations, it does not address the specific 
configuration suggested by Extreme Networks. Nonetheless, Extreme 
Networks does not question the DFS requirement or the compliance 
criteria in the revised measurement procedure.
    7. All U-NII implementations will be tested individually as part of 
the equipment certification process. If a unique implementation of DFS 
in U-NII devices is not directly addressed by the revised measurement 
procedure, the application for U-NII device certification will be 
handled on a case-by-case basis. We thus decline to clarify at this 
time the definition of a central controller that must have DFS 
capability as Extreme Networks requests and dismiss its petition.
    8. Revised Measurement Procedure. The Project Team has worked to 
develop new measurement procedures for performing DFS compliance 
measurement tests for U-NII equipment operating in the 5.25-5.35 GHz 
and 5.47-5.725 GHz bands. Recently, the Project Team reached a 
consensus on revised DFS measurement procedures that were presented by 
the NTIA to the Commission on March 30, 2006 as part of this 
proceeding.
    9. In order to allow for immediate implementation of U-NII devices 
in accordance with the rules adopted in the Report and Order of this 
proceeding, we are issuing the revised measurement procedures 
recommended by NTIA for certifying U-NII devices as an Appendix to this 
MO&O. Because these revised procedures represent a consensus agreement 
of industry and government participants, we are not making the 
substantive changes suggested by CCS since they may materially affect 
the implementation of the measurement procedures. We encourage industry 
and government entities to continue discussions on these procedures, as 
needed, and note that the Commission's Laboratory may issue further 
updates to the measurement procedures in the future as equipment is 
developed and as testing methodologies are refined. The revised 
measurement procedure that we are issuing with this MO&O does include 
non-substantive editorial changes submitted by CCS. As for the other 
concern, with respect to the certification process, applications for 
certification of U-NII devices will be processed in the order in which 
they are received. Further, with respect to

[[Page 39231]]

industry readiness to test DFS capabilities, we note that the criteria 
for DFS and TPC compliance in U-NII devices have been acknowledged and 
recognized since the adoption of the Report and Order in this 
proceeding. Therefore, manufacturers were aware of these new rules for 
U-NII devices well in advance of the July 20, 2006 implementation date.

Regulatory Flexibility Certification Analysis

    10. The Report and Order \1\ included a Final Regulatory 
Flexibility Certification pursuant to the Regulatory Flexibility Act 
(RFA).\2\ We received no petitions for reconsideration of that Final 
Regulatory Flexibility Certification.
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    \1\ See Appendix A: Final Regulatory Flexibility Analysis of the 
Report and Order.
    \2\ See 5 U.S.C. 601-612, as amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996, Public Law 104-121, 
Title II, 110 Stat. 857 (1996).
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    11. The Commission will send a copy of the Memorandum Opinion and 
Order, including a copy of this Regulatory Flexibility Certification 
Analysis, in a report to Congress pursuant to the Congressional Review 
Act.\3\ In addition, the Memorandum Opinion and Order and this final 
certification will be sent to the Chief Counsel for Advocacy of the 
SBA.\4\
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    \3\ See 5 U.S.C. 801(a)(1)(A).
    \4\ See 5 U.S.C. 605(b).
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Ordering Clauses

    12. The Congressional Review Act (CRA), was addressed in the 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. This Memorandum Opinion and 
Order does not change any rules, it only issues updated measurement 
procedures for certifying unlicensed U-NII devices in accordance with 
the rules adopted in the Report and Order. Therefore, the CRA 
requirements have already been fulfilled.
    13. 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 Memorandum Opinion and Order is hereby adopted.
    14. The Motion for Clarification filed by The Wi-Fi Alliance is 
granted in part and dismissed in part, consistent with the terms of the 
Memorandum Opinion and Order.
    15. The Request for Clarification filed by Extreme Networks, Inc. 
and the Petition for Clarification or Reconsideration filed by 
Globespan Virata, Inc. are denied.

List of Subjects in 47 CFR Part 15

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E6-10794 Filed 7-11-06; 8:45 am]
BILLING CODE 6712-01-P