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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  St.,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 DA  05-  175 
 January  26,  2005 


 OET  CLARIFIES  EQUIPMENT  AUTHORIZATION  POLICY  FOR  UNLICENSED  NATIONAL  INFORMATION  INFRASTRUCTURE  (U-  NII)  DEVICES  OPERATING  IN  THE  5  GHZ  BAND 


 In  the  5  GHz  U-  NII  Report  and  Order,  ET  Dkt  No.  03-  122,  18  FCC  Rcd  24484  (2003),  the  Commission  required,  among  other  things,  that  U-  NII  devices  operating  in  the  5.250-  5.350  GHz  band  employ  dynamic 
 frequency  selection  (DFS)  to  ensure  protection  of  Federal  Government  radar  systems.  Prior  to  initiating  a  transmission,  a  U-  NII  device’s  DFS  mechanism  would  monitor  the  available  spectrum  in  which  it  could 
 operate  for  a  radar  signal.  If  a  signal  were  to  be  detected,  the  channel  associated  with  the  radar  signal  would  either  be  vacated  and/  or  flagged  as  unavailable  for  use  by  the  U-  NII  device. 


 Applications  for  initial  equipment  certification  filed  after  January  20,  2005  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  capabilities  from  being  imported  and  marketed  indefinitely,  equipment  designed  to  operate  in  the  5.250-  5.350  GHz  band  cannot  be  marketed  or  imported  after 
 January  20,  2006.  See  47  C.  F.  R.  §  15.  37(  l). 
 The  FCC,  National  Telecommunications  &  Information  Administration  (NTIA),  the  Department  of  Defense  (DOD)  and  the  industry  have  been  developing  the  testing  methodologies  for  ensuring  that  DFS 
 adequately  protects  Federal  Government  radar  systems.  As  a  result,  measurement  procedures  for  certifying  U-  NII  devices  containing  DFS  capabilities  have  not  yet  been  finalized.  All  parties  are  currently 
 working  together  to  reach  an  agreement  and  expect  that  remaining  issues  will  be  resolved  expeditiously. 
 In  light  of  these  circumstances  and  pursuant  to  Section  0.241(  b)  of  the  Commission’s  Rules,  OET  will  not  apply  the  January  20,  2005  cut-  off  date  for  applications  for  certification  of  U-  NII  equipment  operating 
 without  DFS  or  transmit  power  control  (TPC)  in  the  5.250-  5.350  GHz  band  for  a  period  of  sixty  (60)  days,  effective  immediately  upon  release  of  this  Public  Notice.  The  Commission  will  issue  further 
 guidance  on  this  matter  shortly. 
 Please  direct  any  questions  about  this  Public  Notice  to  Priya  Shrinivasan  at  (202)  418-  7005  or  Priya.  Shrinivasan@  fcc.  gov. 


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