**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | ET Docket No. 03-122         |
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| 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                | ** |                              |
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**Order**

**Adopted: February 15, 2006 Released: February 16, 2006**

By the Commission:

**INTRODUCTION**

# By this Order and effective immediately, we extend for 180 days the transition periods,[^1] adopted in the *5 GHz Extension Order* and described herein, for unlicensed National Information Infrastructure (U-NII) equipment operating in the 5.250-5.350 GHz band.[^2] 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. [^3]

**BACKGROUND**

1.  On November 12, 2003, the Commission adopted its *5 GHz U-NII Report
    and Order*, which amended Part 15 of its 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).[^4] This
    action aligned the frequency bands used by U­-NII devices in the
    United States with bands in other parts of the world, thus
    decreasing development and manufacturing costs for U.S.
    manufacturers by allowing for the same products to be used in most
    parts of the world.

2.  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, it 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). DFS is a
    feature that dynamically instructs a transmitter to switch to
    another channel whenever certain conditions (for example, a
    threshold value of the prevailing ambient interference level on a
    channel) are met. Prior to initiating and during a transmission, a
    U-NII device's DFS feature would monitor the available spectrum in
    which the device could operate for the presence of a radar signal.
    The principal radiofrequency operations in the 5.250-5.350 GHz and
    5.470-5.750 GHz bands are Federal Government radars. If a radar
    signal is detected, the channel used by the radar signal would
    either be vacated and/or flagged as unavailable for use by the U-NII
    device. TPC is a feature that regulates a device's transmit power in
    response to the level of an input signal or a command issued by a
    controller (*e.g.*, a command signal might be emitted by a
    controller when the received signal falls below a predetermined
    threshold).

3.  In order to allow the immediate implementation of U-NII devices in
    accordance with the rules adopted in the *5 GHz U-NII Report and
    Order*, the Commission provided an interim test procedure to be used
    in obtaining equipment certifications for U-NII devices.[^5] Upon
    review, the Commission found that the provisions of this test
    procedure were adequate to provide satisfactory testing and
    certification of U‑NII devices containing DFS capabilities, but also
    recognized that the procedure may need to be modified as equipment
    was developed and as testing methodologies were refined. Therefore,
    consistent with existing practice, the *5 GHz U-NII Report and
    Order* stated that the Commission's Laboratory may issue updated
    measurement procedures in the future.[^6]

4.  In the *5 GHz U-NII Report and Order*, 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
    the existing 5.250-5.350 GHz and the new 5.470-5.725 GHz bands, must
    meet all of the rules, including the new DFS and TPC
    requirements[^7] contained in the *5 GHz U-NII Report and Order* in
    accordance with the specified measurement procedures to obtain
    equipment certification. For devices operating in the existing
    5.250-5.350 GHz band, the Commission provided a transition period in
    order to minimize economic hardships on manufacturers. The
    Commission 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 (January 20, 2005) for applications for equipment
    certification of products that operate in the 5.250-5.350 GHz
    band.[^8] After that time, all devices for which an 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
    (January 20, 2006) for the marketing and importation of equipment
    designed to operate in only the 5.250-5.350 GHz band.[^9] 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.[^10]

5.  After the release of the *5 GHz U-NII Report and Order*, the
    industry and the Federal Government continued to develop final test
    procedures, but found that ensuring that DFS adequately protects
    most Federal Government radar systems was more complex than
    originally envisioned. Therefore, the Commission adopted the *5 GHz
    Extension Order* extending the cut-off dates adopted in the *5 GHz
    U-NII Report and Order* to allow sufficient time to complete the
    final test procedures.[^11] Specifically, the *5 GHz Extension
    Order* 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 until January 20, 2006. Additionally, the
    two-year cut-off date for marketing and importation of equipment
    designed to operate in only the 5.250-5.350 GHz band was extended
    for one year until January 20, 2007.

**DISCUSSION**

6.  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.

7.  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.[^12]

8.  Accordingly, IT IS ORDERED that, 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), this Order is
    hereby adopted**.**

9.  IT IS FURTHER ORDERED that Section 15.37(l), 47 C.F.R. § 15.37(l) IS
    HEREBY AMENDED, as set forth in the attached Appendix, and shall
    become effective upon release of this Order.

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

**APPENDIX**

**FINAL RULES**

Part 15 of Title 47 of the Code of Federal Regulations is amended as
follows:

1.  The authority citation of Part 15 continues to read as follows:

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

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

**§ 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 Section 15.407 of
this part. 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 Section 15.407 of this part.

\* \* \* \* \*

[^1]: 47 C.F.R. § 15.37(l).

[^2]: *See 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*, ET Docket No. 03-122, *Order*, 20 FCC
    Rcd 4883 (2005) (*5 GHz Extension Order*).

[^3]: *See 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*, ET Docket No. 03-122, *Report and*
    *Order*, 18 FCC Rcd 24484 (2003) (*5 GHz U-NII Report and Order*).

[^4]: See 47 C.F.R. Part 15 -- Subpart E -- Unlicensed National
    Information Infrastructure Devices. U-NII devices are "Intentional
    radiators operating in the frequency bands 5.15-5.35 GHz and
    5.470-5.825 GHz that use wideband digital modulation techniques and
    provide a wide array of high data rate mobile and fixed
    communications for individuals, businesses, and institutions." 47
    C.F.R. § 15.403(t).

[^5]: *See* DFS Interim Test Procedure contained in Appendix C of the *5
    GHz U-NII Report and Order*.

[^6]: *See 5 GHz Report and Order* at ¶ 39.

[^7]: In the *5 GHz Report and Order*, the Commission required TPC for
    U-NII devices operating in the 5.250-5.350 GHz and 5.470-5.725 GHz
    bands and at power levels higher than 500 mW. *See 5 GHz U-NII
    Report and Order* at ¶¶ 35-36.

[^8]: For example, 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. *See 5 GHz U-NII Report
    and Order* at ¶ 42.

[^9]: *See* § 15.37(l).

[^10]: *See 5 GHz Report and Order* at ¶ 42.

[^11]: *See 5 GHz Extension Order* at ¶¶ 8-9.

[^12]: See Section 553(d)(1) of the Administrative Procedure act, 5
    U.S.C. § 553(d)(1). The Commission also will not send a copy of this
    Order pursuant to the Congressional Review Act, 5 U.S.C. §
    801(a)(1)(A).