Unlicensed Devices in the 5 GHz Band, 17328-17330 [05-6813]
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17328
Federal Register / Vol. 70, No. 65 / Wednesday, April 6, 2005 / Rules and Regulations
Commission, 445 12th Street, SW., Suite
TW–A325, Washington, DC 20554. One
(1) courtesy copy must be delivered to
Ramona Melson, Esq. at the Federal
Communications Commission, Wireless
Telecommunications Bureau, Public
Safety and Critical Infrastructure
Division, 445 12th Street, SW., Suite 3–
A465, Washington, DC 20554, or via email, ramona.melson@fcc.gov, and one
(1) copy must be sent to Best Copy and
Printing, Inc., Portals II, 445 12th Street,
SW., Room CY–B402, Washington, DC
20554, telephone 1–800–378–3160, or
via e-mail https://www.bcpiweb.com.
FOR FURTHER INFORMATION CONTACT:
Ramona Melson, Esq., Public Safety and
Critical Infrastructure Division, Wireless
Telecommunications Bureau at (202)
418–0680 or via the Internet at
ramona.melson@fcc.gov.
In the 800
MHz Report and Order, the Commission
adopted technical and procedural rules
designed to address the ongoing and
growing problem of interference to
public safety communications in the
800 MHz band. A summary of the 800
MHz Report and Order and final rules
were published in the Federal Register
on November 22, 2004 (69 FR 67823).
Petitions for Reconsideration of the 800
MHz Report and Order were due by
December 22, 2004. A Notice
announcing the receipt of Petitions for
Reconsideration was published in the
Federal Register on February 2, 2005
(70 FR 5449). This document lists
Petitions for Reconsideration filed on or
shortly before December 22, 2004, in the
800 MHz Public Safety Interference
Proceeding.
On December 22, 2004, the
Commission adopted a Supplemental
Order and Order on Reconsideration in
which it clarified and changed certain
provisions of the 800 MHz Report and
Order. A summary of the Supplemental
Order and Order on Reconsideration
was published in the Federal Register
on February 8, 2005 (70 FR 6758). On
February 14, 2005, the Public Safety and
Critical Infrastructure Division deferred
the dates for the filing of oppositions
and replies to the petitions for
reconsideration of the 800 MHz Report
and Order in order to make these dates
consistent with the dates for filing
similar pleadings relative to the
Supplemental Order and Order on
Reconsideration. The Division deferred
the dates to enhance the Commission’s
consideration of the issues in this
proceeding by permitting receipt of a
cohesive, informed record for the
Commission’s review and to promote
efficiency.
SUPPLEMENTARY INFORMATION:
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Jkt 205001
Specifically, the Division deferred the
date for filing oppositions to the
petitions for reconsideration of the 800
MHz Report and Order until fifteen days
after Federal Register publication of
notice of receipt of petitions for
reconsideration of the 800 MHz
Supplemental Order and Order on
Reconsideration, in this proceeding. The
date for filing replies to an opposition
to the petitions for reconsideration of
the 800 MHz Report and Order shall be
within ten days after the time for filing
oppositions has expired. In a
companion document published in this
issue, the Commission announces the
receipt of Petitions for Reconsideration
to the 800 MHz Supplemental Order
and Order on Reconsideration.
The following parties have filed
Petitions for Reconsideration of the 800
MHz Report and Order:
1. Thomas J. Keller, Attorney for
Association of American Railroads on
12/17/04.
2. David B. Trego and Jason D. Griffith
for American Electric Power
Company, Inc. on 12/21/04.
3. Julian L. Shepard, Attorney for
Coastal SMR Network, L.L.C./A.R.C.,
Inc. and Scott C. Macintyre on 12/22/
04.
4. Shirley S. Fujimoto, Attorney for
Entergy Corporation and Entergy
Services, Inc. on 12/22/04.
5. Robert S. Foosaner for Nextel
Communications, Inc. on 12/22/04.
6. William K. Keane for the National
Association of Manufacturers and
MRFAC, Inc. on 12/22/04.
7. Harold Mordkofsky, Attorney for
Consolidated Edison Company of
New York, Inc. on 12/22/04.
8. Gregory C. Staple, Attorney for TMI
Communications and Company,
Limited Partnership and Terrestar
Networks Inc. on 12/22/04.
9. Christine M. Gill, Attorney for
Southern LINC on 12/22/04.
10. Michael K. Kurtis, Attorney for
Anderson Communications on 12/22/
04.
11. William J. Donohue for Exelon
Corporation on 12/22/04.
12. Charles D. Guskey on 12/22/04.
13. Robert J. Keller for James A. Kay, Jr.
on 12/22/04.
14. Christopher Guttman-McCabe,
Attorney for CTIA–The Wireless
Association on 12/22/04.
15. Charles M. Austin for Preferred
Communication Systems, Inc., and
Kent S. Foster for Silver Palm
Communications, Inc. on 12/22/04.
The Commission will not send a copy
of this document pursuant to the
Congressional Review Act, 5 U.S.C.
801(a)(1)(A), because no adopted rules
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Sfmt 4700
are attached. This document concerns
the applicable dates for filing replies
and oppositions to the petitions for
reconsideration in the 800 MHz
proceeding.
Federal Communications Commission.
Ramona Melson,
Chief of Staff, Public Safety and Critical
Infrastructure Division, WTB.
[FR Doc. 05–6806 Filed 4–5–05; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 15
[ET Docket No. 03–122; FCC 05–43]
Unlicensed Devices in the 5 GHz Band
Federal Communications
Commission.
AGENCY:
ACTION:
Final rule.
SUMMARY: This document extends for
one year the transition periods for
unlicensed National Information
Infrastructure (U–NII) equipment
operating in the 5.250–5.350 GHz band.
This action will allow devices to
continue to obtain equipment
authorizations and to be marketed 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
such devices for compliance with the
new rules.
DATES:
Effective February 23, 2005.
FOR FURTHER INFORMATION CONTACT:
Priya Shrinivasan, 418–7005 or Karen
Rackley, 418–2431, Policy and Rules
Division, Office of Engineering &
Technology.
This is a
summary of the Commission’s Order, ET
Docket No. 03–122, FCC 05–43, adopted
February 18, 2005, and released
February 23, 2005. The full text of this
document is available on the
Commission’s Internet site at https://
www.fcc.gov. It is also 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
full text of this document also may be
purchased from the Commission’s
duplication contractor, Best Copy and
Printing Inc., Portals II, 445 12th St.,
SW., Room CY–B402, Washington, DC
20554; telephone (202) 488–5300; fax
(202) 488–5563; e-mail
FCC@BCPIWEB.COM.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\06APR1.SGM
06APR1
Federal Register / Vol. 70, No. 65 / Wednesday, April 6, 2005 / Rules and Regulations
Summary of the Order
1. In the 5 GHz U–NII Report and
Order, 69 FR 2677, January 20, 2004, the
Commission required that any product
with the capability to operate in the new
spectrum at the 5.470–5.725 GHz band,
including equipment designed to
operate in both the 5.250–5.350 GHz
and 5.470–5.725 GHz bands, must meet
all the rules, including the new dynamic
frequency selection (DFS) and transmit
power control (TPC) requirements,
contained in the 5 GHz U–NII Report
and Order in accordance with the
specified measurement procedures to
obtain equipment certification. DFS is a
feature that dynamically instructs a
transmitter to switch to another channel
whenever a particular condition (such
as, for example, a threshold value of the
prevailing ambient interference level on
a channel) is met. Prior to initiating and
during a transmission, a U–NII device’s
DFS feature would monitor the available
spectrum in which it could operate for
a radar signal. If a signal is detected, the
channel associated with the radar signal
would either be vacated and/or flagged
as unavailable for use by the U–NII
device. TPC can generally be defined as
a mechanism that regulates a device’s
transmit power in response to an input
signal or a condition (e.g., a command
signal is issued by a controller when the
received signal falls below a
predetermined threshold). In addition,
the Commission required that products
that operate only in the 5.250–5.350
GHz band also comply with these rules.
2. Transition Period. For devices
operating in the 5.250–5.350 GHz band,
the Commission provided for a
transition period in order to minimize
economic hardships on manufacturers.
During the transition period,
manufacturers are allowed to continue
producing and selling existing
equipment while modifying their
products to meet the new requirements.
TheCommission adopted a cut-off date
of one year from the date of publication
of the 5 GHz U–NII Report and Order in
the Federal Register (i.e., January 20,
2005) for applications for equipment
certification of products that operate
only in the 5.250–5.350 GHz band (i.e.,
equipment designed to operate in only
the 5.250–5.350 GHz band could
continue to obtain certification without
having DFS and TPC, so long as the
application for equipment certification
was filed prior to the cut-off date of one
year). After that time, all devices for
which an initial application for
equipment certification are 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
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Jkt 205001
Order. In addition, to prevent
equipment without DFS and TPC
requirements from being imported and
marketed indefinitely, the Commission
adopted a two-year cut-off date (i.e.,
January 20, 2006) for the marketing and
importation of equipment designed to
operate in only the 5.250–5.350 GHz
band. Finally, the Commission noted
that users who obtained equipment
prior to any of the cut-off dates would
be able to continue to use that
equipment indefinitely.
3. In the Order, the Commission noted
that the cut-off date for applications for
equipment certification of products
without DFS and TPC that operate in
only the 5.250–5.350 GHz band is
January 20, 2005, one year from the date
of publication of the 5 GHz U–NII
Report and Order in the Federal
Register. However, the industry and the
Federal Government have found the
implementation of DFS to be more
complex than originally envisioned and,
as a result, measurement procedures for
certifying U–NII devices containing DFS
capabilities have not yet been finalized.
Further, the Federal Government
agencies will likely conduct tests to
validate that the testing procedures
respond as intended to protect radar
systems. All parties are currently
working together to reach an agreement
and expect that remaining issues will be
resolved shortly. The Commission’s
Laboratory will issue the updated
measurement procedures for the
certification of U–NII equipment
containing DFS and TPC capabilities as
soon as possible.
4. New Transition Periods. In order to
allow sufficient time for an agreement
on DFS implementation between the
industry and the FederalGovernment to
be reached and for equipment
manufacturers to incorporate DFS into
U–NII devices, the Commission
extended by one year the cut-off date for
applications for certification of U–NII
equipment operating without DFS or
TPC in the 5.250–5.350 GHz band.
Therefore, effective January 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. The Commission also
extended by one year the two-year cutoff 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
January 20, 2007 must comply with the
DFS and TPC requirements adopted in
the 5 GHz U–NII Report and Order. The
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Sfmt 4700
17329
Commission noted that users who
obtained equipment prior to any of
these cut-off dates would be able to
continue to use that equipment
indefinitely. Finally, because the
Commission’s action 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, it made the
Order effective upon release.
Ordering Clauses
5. The Congressional Review Act
(CRA), was addressed in a Report and
Order released by the Commission,
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.
6. Pursuant to sections 4(i), 303(f),
and 303(r) of the CommunicationsAct of
1934, as amended, 47 U.S.C. 54(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.
7. Section 15.37(l), 47 CFR is
modified, effective upon release of this
Order.
List of Subjects in 47 CFR Part 15
Communications equipment, Radio,
Reporting and recordkeeping
requirements.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
Rule Change
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 15 as
follows:
I
PART 15—RADIO FREQUENCY
DEVICES
1. The authority citation for part 15
continues to read as follows:
I
Authority: 47 U.S.C. 154, 302a, 303, 304,
307, 336 and 544A.
2. Section 15.37 is amended by
revising paragraph (l), to read as follows:
I
§ 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
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06APR1
17330
Federal Register / Vol. 70, No. 65 / Wednesday, April 6, 2005 / Rules and Regulations
or after January 20, 2006 shall comply
with the DFS and TPC requirements
specified in § 15.407. U–NII equipment
operating in the 5.25–5.35 GHz band
that are imported or marketed on or
after January 20, 2007 shall comply with
the DFS and TPC requirements in
§ 15.407.
*
*
*
*
*
[FR Doc. 05–6813 Filed 4–5–05; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CC Docket No. 98–67; FCC 05–48]
Provision of Improved
Telecommunications Relay Services
and Speech-to-Speech Services for
Individuals With Hearing and Speech
Disabilities
Federal Communications
Commission.
ACTION: Final rule; petition for
reconsideration.
AGENCY:
SUMMARY: In this document, the Federal
Communications Commission
(Commission) grants petitions filed by
Sprint Corporation (Sprint) and
WorldCom, Inc. (MCI) seeking
reconsideration of the Commission’s
March 14, 2003, Order on
Reconsideration (IP Relay
Reconsideration Order). This matter
derives from the April 2002 IP Relay
DeclaratoryRuling and Further Notice of
Proposed Rulemaking (IP Relay
Declaratory Ruling & FNPRM), which
recognized IP Relay as a form of
telecommunications relay service (TRS),
authorized compensation for IP Relay
providers from the Interstate TRS Fund,
and waived certain mandatory
minimum standards as they apply to the
provision of IP Relay.
DATES: The petitions were granted as of
March 9, 2005.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Thomas Chandler, Consumer &
Governmental Affairs Bureau at (202)
418–1475 (voice), (202) 418–0597
(TTY), or e-mail:
Thomas.Chandler@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order on
Reconsideration, CC Docket No. 98–67,
FCC 05–48, adopted March 1, 2005,
released March 9, 2005. The full text of
the Order on Reconsideration and
copies of any subsequently filed
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15:41 Apr 05, 2005
Jkt 205001
documents in this matter will be
available for public inspection and
copying during regular business hours
at the FCC Reference Information
Center, Portals II, 445 12th Street, SW.,
Room CY–A257, Washington, DC 20554.
The complete text of this Order on
Reconsideration and copies of
subsequently filed documents in this
matter may also be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing Inc. (BCPI),
Portals II, 445 12th Street, SW., Room
CY–B402, Washington, DC 20554.
Customers may contact BCPI at their
Web site: https://www.bcpiweb.com or
call 1–800–378–3160.To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
send an e-mail to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at (202) 418–0530 (voice), (202)
418–0432 (TTY). The Order on
Reconsideration can also be
downloaded in Word or Portable
Document Format (PDF) at: https://
www.fcc.gov/cgb/dro. On April 22,
2002, the Commission released the IP
Relay Declaratory Ruling & FNPRM, CC
Docket No. 98–67, FCC 02–121;
published at 67 FR 39386, June 11, 2002
and 67 FR 39929, June 11, 2002, finding
that IP Relay is a form of TRS and that
on an interim basis the cost of providing
all IP Relay calls could be compensated
from the Interstate TRS Fund. On March
14, 2003, the Commission released the
IP Relay Order on Reconsideration, CC
Docket No. 98–67, FCC 03–46;
published at 68 FR 18826, April 16,
2003, which granted an extension of the
waivers granted in the IP Relay
Declaratory Ruling & FNPRM for a
period of five years. The Commission
also granted the requested waiver of the
requirement to provide one-line hearing
carry over (HCO) for a period of five
years. This document does not contain
new or modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. In addition, it does not
contain any new or modified
‘‘information collection burden for
small business concerns with fewer than
25 employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see U.S.C.
3506(c)(4).
Synopsis
On April 14, 2003, Sprint filed a
petition for ‘‘limited reconsideration’’ of
the IP Relay Reconsideration Order,
requesting that the Commission
reconsider its decision not to make the
waivers granted in the IP Relay
Reconsideration Order retroactive, and
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
therefore not to compensate providers of
IP Relay (Sprint) during the time period
in which they offered the service but
may not have been complying with the
then non-waived HCO and pay-per-call
requirements.
Sprint makes numerous arguments in
support of its petition. It argues that
there is no legal bar to providing
payment for services rendered before
the grant of the HCO and pay-per-call
waivers, distinguishing the cases cited
by the Commission for the proposition
that the retroactive application of
waivers is not favored. Sprint asserts,
for example, that the waivers it seeks are
‘‘merely to correct mistakes made by the
Commission in the [IP Relay Declaratory
Ruling & FNPRM] as of the date of that
ruling.’’ Sprint also argues that the IP
Relay Declaratory Ruling & FNPRM was
not ‘‘final’’ because of the pendency of
the petitions for reconsideration, and
that therefore the risk Sprint took was
that the Commission might deny its
petition for waiver of the 900 pay-percall and HCO requirements on the
merits (which, had that occurred, would
have precluded it from reimbursement),
but not that the Commission might grant
the petition but disallow
reimbursement.
Sprint also argues that ‘‘rigid
adherence to all TRS requirements is
inconsistent with other TRS precedent.’’
Sprint asserts that the Commission has
found in other contexts that TRS
providers are eligible for compensation
even if they do not meet every
requirement of the Commission’s rules,
stating that ‘‘absolute compliance with
each component of the rules may not
always be necessary to fulfill the
purposes of the statute and the policy
objectives of the implementing rules,
and that not every minor deviation
would justify withholding funding from
a legitimate TRS provider.’’ In this
regard, Sprint emphasizes that the
Commission has recognized that HCO
and pay-per-call services are
infrequently used, and that therefore IP
Relay providers, like Sprint, have
substantially complied with the TRS
mandatory minimum standards.
Sprint also contends that the
Commission ‘‘cannot lawfully single out
Sprint for non-payment’’ of
compensation, asserting that the
Commission’s conclusion in the IP
Relay Reconsideration Order that it is
not technically feasible to provide HCO
and pay-per-call services via IP Relay
means that no IP Relay provider could
have been providing these services in
compliance with the rules during the
period between the release of the April
2002 IP Relay Declaratory Ruling &
FNPRM and the waiver grant in the
E:\FR\FM\06APR1.SGM
06APR1
]]>Agencies
[Federal Register Volume 70, Number 65 (Wednesday, April 6, 2005)]
[Rules and Regulations]
[Pages 17328-17330]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6813]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 15
[ET Docket No. 03-122; FCC 05-43]
Unlicensed Devices in the 5 GHz Band
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document extends for one year the transition periods for
unlicensed National Information Infrastructure (U-NII) equipment
operating in the 5.250-5.350 GHz band. This action will allow devices
to continue to obtain equipment authorizations and to be marketed 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
such devices for compliance with the new rules.
DATES: Effective February 23, 2005.
FOR FURTHER INFORMATION CONTACT: Priya Shrinivasan, 418-7005 or Karen
Rackley, 418-2431, Policy and Rules Division, Office of Engineering &
Technology.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
ET Docket No. 03-122, FCC 05-43, adopted February 18, 2005, and
released February 23, 2005. The full text of this document is available
on the Commission's Internet site at https://www.fcc.gov. It is also
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 full text of this document also may be
purchased from the Commission's duplication contractor, Best Copy and
Printing Inc., Portals II, 445 12th St., SW., Room CY-B402, Washington,
DC 20554; telephone (202) 488-5300; fax (202) 488-5563; e-mail
FCC@BCPIWEB.COM.
[[Page 17329]]
Summary of the Order
1. In the 5 GHz U-NII Report and Order, 69 FR 2677, January 20,
2004, the Commission required that any product with the capability to
operate in the new spectrum at the 5.470-5.725 GHz band, including
equipment designed to operate in both the 5.250-5.350 GHz and 5.470-
5.725 GHz bands, must meet all the rules, including the new dynamic
frequency selection (DFS) and transmit power control (TPC)
requirements, contained in the 5 GHz U-NII Report and Order in
accordance with the specified measurement procedures to obtain
equipment certification. DFS is a feature that dynamically instructs a
transmitter to switch to another channel whenever a particular
condition (such as, for example, a threshold value of the prevailing
ambient interference level on a channel) is met. Prior to initiating
and during a transmission, a U-NII device's DFS feature would monitor
the available spectrum in which it could operate for a radar signal. If
a signal is detected, the channel associated with the radar signal
would either be vacated and/or flagged as unavailable for use by the U-
NII device. TPC can generally be defined as a mechanism that regulates
a device's transmit power in response to an input signal or a condition
(e.g., a command signal is issued by a controller when the received
signal falls below a predetermined threshold). In addition, the
Commission required that products that operate only in the 5.250-5.350
GHz band also comply with these rules.
2. Transition Period. For devices operating in the 5.250-5.350 GHz
band, the Commission provided for a transition period in order to
minimize economic hardships on manufacturers. During the transition
period, manufacturers are allowed to continue producing and selling
existing equipment while modifying their products to meet the new
requirements. TheCommission adopted a cut-off date of one year from the
date of publication of the 5 GHz U-NII Report and Order in the Federal
Register (i.e., January 20, 2005) for applications for equipment
certification of products that operate only in the 5.250-5.350 GHz band
(i.e., equipment designed to operate in only the 5.250-5.350 GHz band
could continue to obtain certification without having DFS and TPC, so
long as the application for equipment certification was filed prior to
the cut-off date of one year). After that time, all devices for which
an initial application for equipment certification are 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. In addition, to prevent
equipment without DFS and TPC requirements from being imported and
marketed indefinitely, the Commission adopted a two-year cut-off date
(i.e., January 20, 2006) for the marketing and importation of equipment
designed to operate in only the 5.250-5.350 GHz band. Finally, the
Commission noted that users who obtained equipment prior to any of the
cut-off dates would be able to continue to use that equipment
indefinitely.
3. In the Order, the Commission noted that the cut-off date for
applications for equipment certification of products without DFS and
TPC that operate in only the 5.250-5.350 GHz band is January 20, 2005,
one year from the date of publication of the 5 GHz U-NII Report and
Order in the Federal Register. However, the industry and the Federal
Government have found the implementation of DFS to be more complex than
originally envisioned and, as a result, measurement procedures for
certifying U-NII devices containing DFS capabilities have not yet been
finalized. Further, the Federal Government agencies will likely conduct
tests to validate that the testing procedures respond as intended to
protect radar systems. All parties are currently working together to
reach an agreement and expect that remaining issues will be resolved
shortly. The Commission's Laboratory will issue the updated measurement
procedures for the certification of U-NII equipment containing DFS and
TPC capabilities as soon as possible.
4. New Transition Periods. In order to allow sufficient time for an
agreement on DFS implementation between the industry and the
FederalGovernment to be reached and for equipment manufacturers to
incorporate DFS into U-NII devices, the Commission extended by one year
the cut-off date for applications for certification of U-NII equipment
operating without DFS or TPC in the 5.250-5.350 GHz band. Therefore,
effective January 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. The Commission also extended by one
year 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 January 20, 2007 must comply with
the DFS and TPC requirements adopted in the 5 GHz U-NII Report and
Order. The Commission noted that users who obtained equipment prior to
any of these cut-off dates would be able to continue to use that
equipment indefinitely. Finally, because the Commission's action
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, it made the Order effective upon release.
Ordering Clauses
5. The Congressional Review Act (CRA), was addressed in a Report
and Order released by the Commission, 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.
6. Pursuant to sections 4(i), 303(f), and 303(r) of the
CommunicationsAct of 1934, as amended, 47 U.S.C. 54(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.
7. Section 15.37(l), 47 CFR is modified, effective upon release of
this Order.
List of Subjects in 47 CFR Part 15
Communications equipment, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
Rule Change
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR part 15 as follows:
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
[[Page 17330]]
or after January 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
January 20, 2007 shall comply with the DFS and TPC requirements in
Sec. 15.407.
* * * * *
[FR Doc. 05-6813 Filed 4-5-05; 8:45 am]
BILLING CODE 6712-01-P
