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FCC Clears Path for Unlicensed Use of 5 GHz Spectrum

The FCC late Fri. dispatched 3 petitions for reconsideration that clear a path for companies to make use of 255 MHz of 5 GHz spectrum first allocated for unlicensed use 3 years ago. The decision was essentially a clean up document after the FCC and NTIA agreed in Feb. (CD Feb 10 p1) on criteria under which unlicensed devices will make use of dynamic frequency selection (DFS) technology allowing coexistence with military radars.

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Gear makers including such heavyweights as Cisco, Motorola and Atheros have been pushing for agreement on 5 GHz rules and are expected to be among the first to market with devices that operate in the frequency. The FCC, to the surprise of some observers, had put the rules on an extreme fast track, requiring parties to file comments and replies in an abbreviated 15-day cycle (CD May 5 p2).

“The private sector has been working with DoD and NTIA and the Commission for several years now to come up with a way to test devices to protect military radar,” said an industry source involved in the 5 GHz discussions: “The FCC put that proposal out for public notice. At the same time they asked whether or not that proposal mooted the petitions for reconsideration. Everyone agreed that if the Commission adopted the new proposal the petitions for reconsideration were no longer necessary. With this order, the FCC adopted the testing proposal and, with everyone’s agreement, simply denied all the petitions for reconsideration.”

In response to a petition by the Wi-Fi Alliance the FCC clarified that it’s requiring transmit power control (TPC), a feature that adjusts a transmitter’s output power based on the signal level present at the receiver, only for devices operating at 500 megawatts and above. The Commission denied requests for changes in the rules sought by the alliance, as well as by Globespan Virata and Extreme Networks.

While the order was mostly housekeeping, Comrs. Copps, Adelstein and McDowell issued separate statements praising the collaborative process that led to the 5 GHz rules and testing procedures. “I am particularly pleased about the cooperative effort between government and industry that has given rise to the rules we adopt today,” Copps said. McDowell said: “This government-industry partnership is a wonderful example of the myriad benefits that can result from cooperative collaboration, such as: Protection to government users, certainty to manufacturers seeking to design and market new equipment, more robust use of the spectrum band, and delivery of new wireless broadband services.”