Unlicensed Devices in the 5 GHz Band, 39229-39231 [E6-10794]
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Federal Register / Vol. 71, No. 133 / Wednesday, July 12, 2006 / Rules and Regulations
documentation of citizenship should be
consistent with the time allowed to
submit documentation to establish other
facets of eligibility for which
documentation is requested. (See
§ 435.930 and § 435.911 of this chapter.)
§ 440.140
[Amended]
§ 483.136
21. In § 440.140, in paragraph (b),
‘‘§ 435.1009 of this chapter’’ is revised
to read ‘‘§ 435.1010 of this chapter.’’
I
§ 440.180
[Amended]
14. Section 436.408 is removed and
reserved.
22. In § 440.180, in paragraph (d)(2)(i),
‘‘§ 435.1008(a)(2) of this subchapter’’ is
revised to read ‘‘§ 435.1009(a)(2) of this
chapter.’’
§ 436.1004–§ 436.1005
§ 440.185
§ 436.408
I
[Removed and reserved]
I
39229
[Amended]
32. In § 483.136, in paragraph (a),
‘‘§§ 435.1009 and 483.440 of this
chapter’’ is revised to read ‘‘§ 435.1010
of this chapter and § 483.440.’’
I
(Catalog of Federal Domestic Assistance
Program No. 93.778, Medical Assistance
Program)
I 15. Sections 436.1004 and § 436.1005
are redesignated as § 436.1005 and
§ 436.1006, respectively.
I
16. New section 436.1004 is added to
read as follows:
PART 441—SERVICES:
REQUIREMENTS AND LIMITS
APPLICABLE TO SPECIFIC SERVICES
Dated: June 23, 2006.
Mark B. McClellan,
Administrator, Centers for Medicare &
Medicaid Services.
Approved: June 30, 2006.
Michael O. Leavitt,
Secretary.
[FR Doc. 06–6033 Filed 7–6–06; 5:00 pm]
BILLING CODE 4120–01–P
[Redesignated]
I
§ 436.1004 FFP in expenditures for
medical assistance for individuals who
have declared United States citizenship or
nationality under section 1137(d) of the Act
and with respect to whom the State has not
documented citizenship and identity.
FFP will not be available to a State
with respect to expenditures for medical
assistance furnished to individuals
unless the State has obtained
satisfactory documentary evidence of
citizenship or national status, as
described in § 436.407 that complies
with the requirements of section 1903(x)
of the Act. This requirement does not
apply with respect to individuals
declaring themselves to be citizens or
nationals who are eligible for medical
assistance and who are either entitled to
benefits or enrolled in any parts of the
Medicare program under title XVIII of
the Social Security Act.
Technical Amendments
§ 436.1005
[Amended]
I 17. In newly redesignating § 436.1005,
in paragraph (a)(1), ‘‘§ 435.1009’’ is
revised to read ‘‘§ 435.1010 of this
chapter.’’
§ 436.1006
[Amended]
18. In newly redesignating § 436.1006,
‘‘§ 435.1009 of this subchapter’’ is
revised to read ‘‘§ 435.1010 of this
chapter.’’
I
[Amended]
23. In § 440.185, in paragraph (b),
‘‘§ 435.1009’’ is revised to read
‘‘§ 435.1010 of this chapter.’’
24. The authority citation for part 441
continues to read as follows:
FEDERAL COMMUNICATIONS
COMMISSION
Authority: Sec. 1102 of the Social Security
Act (42 U.S.C. 1302).
47 CFR Part 15
§ 441.13
[ET Docket No. 03–122; FCC 06–96]
I
[Amended]
25. In § 441.13, in paragraph (a)(1),
§ 435.1009 of this subchapter’’ is revised
to read ‘‘§ 435.1010 of this chapter.’’
I
PART 457—ALLOTMENTS AND
GRANTS TO STATES
26. The authority citation for part 457
continues to read as follows:
I
Authority: Sec. 1102 of the Social Security
Act (42 U.S.C. 1302).
§ 457.310
[Amended]
27. In § 457.310, in paragraphs (c)(2)(i)
and (c)(2)(ii), ‘‘§ 435.1009 of this
chapter’’ is revised to read § 435.1010 of
this chapter.’’
I
PART 483—REQUIREMENTS FOR
STATES AND LONG TERM CARE
FACILITIES
28. The authority citation for part 483
continues to read as follows:
I
Authority: Secs. 1102 and 1871 of the
Social Security Act (42 U.S.C. 1302 and
1395hh).
§ 483.5
[Amended]
29. In § 483.5, in paragraph (a),
‘‘§ 435.1009 of this chapter’’ is revised
to read ‘‘§ 435.1010 of this chapter.’’
I
PART 440—SERVICES: GENERAL
PROVISIONS
19. The authority citation for part 440
continues to read as follows:
I
§ 483.20
[Amended]
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Authority: Sec. 1102 of the Social Security
Act (42 U.S.C. 1302).
30. In § 483.20, in paragraph (m)(2)(ii),
‘‘42 CFR 435.1009’’ is revised to read
§ 435.1010 of this chapter.’’
§ 440.2
§ 483.102
[Amended]
20. In § 440.2, in paragraph (a), in the
definition of ‘‘Patient,’’ ‘‘§ 435.1009 of
this subchapter’’ is revised to read
‘‘§ 435.1010 of this chapter.’’
I
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I
[Amended]
31. In § 483.102, in paragraph
(b)(3)(ii), ‘‘§ 435.1009 of this chapter’’ is
revised to read ‘‘§ 435.1010 of this
chapter.’’
I
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Unlicensed Devices in the 5 GHz Band
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
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:
Shameeka.Hunt@fcc.gov.
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
FCC@BCPIWEB.COM.
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39230
Federal Register / Vol. 71, No. 133 / Wednesday, July 12, 2006 / Rules and Regulations
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 § 5.407(h)(1), dismissed
a request by the Wi-Fi Alliance to clarify
the channel availability check time
requirement in § 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 § 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 § 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 § 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
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when combined with antenna gain
produces an overall power referred to as
‘‘EIRP.’’
3. With regard to further clarification
of § 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
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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 caseby-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
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Federal Register / Vol. 71, No. 133 / Wednesday, July 12, 2006 / Rules and Regulations
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.
15. The Request for Clarification filed
by Extreme Networks, Inc. and the
Petition for Clarification or
Reconsideration filed by Globespan
Virata, Inc. are denied.
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.
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
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E6–10794 Filed 7–11–06; 8:45 am]
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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.
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).
3 See 5 U.S.C. 801(a)(1)(A).
4 See 5 U.S.C. 605(b).
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List of Subjects in 47 CFR Part 15
Communications equipment, Radio,
Reporting and recordkeeping
requirements.
BILLING CODE 6712–01–P
39231
may be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554, (800) 378–3160,
or via the company’s Web site, https://
www.bcpiweb.com. This document is
not subject to the Congressional Review
Act. The Commission is, therefore, not
required to send a copy of this Report
and Order in a report to be sent to
Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see U.S.C.
801(a)(1)(A), because the petition for
reconsideration was denied.
47 CFR Part 73
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. E6–10934 Filed 7–11–06; 8:45 am]
[DA 06–1367]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
Radio Broadcasting Services; East
Liverpool, OH and Moon Township, PA
Federal Communications
Commission.
ACTION: Final rule; denial of petition for
reconsideration.
AGENCY:
The Audio Division has
denied the petition for reconsideration
of Keymarket Licenses, LLC
(‘‘Keymarket’’), seeking reconsideration
of the Audio Division’s return of
Keymarket’s petition for rulemaking to
reallot Channel 282B from East
Liverpool, Ohio, to Moon Township,
Pennsylvania. Keymarket filed a
petition for rule making proposing
change of community for Station WOGF
(FM) from East Liverpool, Ohio, to
Moon Township, Pennsylvania.
Keymarket also proposed to change the
transmitter site of Station WOGF (FM).
The proposal was returned as
unacceptable, because it would
exacerbate an existing short-spacing. In
this Memorandum Opinion and Order,
the Audio Division denied Keymarket’s
petition for reconsideration of the return
of Keymarket’s petition for rulemaking.
FOR FURTHER INFORMATION CONTACT:
Deborah Dupont, Media Bureau, (202)
418–2180.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s
Memorandum Opinion and Order,
adopted June 28, 2006, and released
June 30, 2006.
The full text of this Commission
decision is available for inspection and
copying during normal business hours
in the FCC Reference Information
Center, Portals II, 445 12th Street, SW.,
Room CY–A257, Washington, DC 20554.
The complete text of this decision also
SUMMARY:
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 06–1368]
Radio Broadcasting Services; Various
Locations
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: The Commission, on its own
motion, editorially amends the Table of
FM Allotments to specify the actual
classes of channels allotted to various
communities. The changes in channel
classifications have been authorized in
response to applications filed by
licensees and permittees operating on
these channels. This action is taken
pursuant to Revision of Section
73.3573(a)(1) of the Commission’s Rules
Concerning the Lower Classification of
an FM Allotment, 4 FCC Rcd 2413
(1989), Amendment of the
Commission’s Rules to permit FM
Channel and Class Modifications by
Applications, 8 FCC Rcd 4735 (1993)
and Streamlining of Radio Technical
Rules in Part 73 and 74 of the
Commission’s Rules, 15 FCC Rcd 21649
(2000).
DATES: Effective July 12, 2006.
FOR FURTHER INFORMATION CONTACT:
Rolanda F. Smith, Media Bureau, (202)
418–2180.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order, adopted June 28, 2006, and
released June 30, 2006. The full text of
this Commission decision is available
for inspection and copying during
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]]>Agencies
[Federal Register Volume 71, Number 133 (Wednesday, July 12, 2006)]
[Rules and Regulations]
[Pages 39229-39231]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10794]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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:
Shameeka.Hunt@fcc.gov.
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 FCC@BCPIWEB.COM.
[[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
