*Pages 1--2 from Microsoft Word - 41866* 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 Released: September 3, 2004 ERRATUM OFFICE OF ENGINEERING AND TECHNOLOGY DECLARES MBOA- SIG REQUEST FOR A WAIVER OF PART 15 FOR AN ULTRA- WIDEBAND SYSTEM TO BE A "PERMIT- BUT- DISCLOSE" PROCEEDING FOR EX PARTE PURPOSES ET Docket No. 04- 352 DA 04- 2793 Comments Due: September 29, 2004 Reply Comments Due: October 14, 2004 On August 30, the Office of Engineering and Technology released a Public Notice DA 04- 2793, requesting comments and reply comments regarding an MBOA Waiver Request. To simplify the filing process and minimize the burden on interested parties and the Commission’s resources, we are assigning a “Docket No.” to this proceeding, so that interested parties may file comments electronically, using the Commission’s Electronic Comment Filing System (ECFS). We are requesting that parties responding to the Waiver Request submit comments, replies and any other pleadings or information in ET Docket No. 04- 352. On August 26, 2004, the Multi- band OFDM Alliance Special Interest Group (“ MBOA-SIG”) filed a request for a waiver of Part 15 of the Commission’s rules regarding ultra- wideband (“ UWB”) systems that employ multi- band orthogonal frequency division multiplexed (“ MB-OFDM”) modulation techniques. MBOA- SIG requests that the average emission levels from UWB MB- OFDM transmitters, which are sequenced between three frequency bands “according to one of four deterministic and fixed hopping patterns,” be measured under normal operating conditions instead of with the band sequencing stopped. In the UWB 1 st Report and Order, ET Docket No. 98- 153, the Commission stated that measurements of frequency hopping systems must be performed with the hopping stopped. MBOA- SIG argues that their modulation technique is not frequency hopping and that the Commission’s reasons for requiring measurements to be performed with the hopping stopped was to determine that the system met the minimum bandwidth requirement for consideration as a UWB device. MBOA- SIG also argues that the requirement in Section 15.521( d) of the rules to disable output gating was not intended to apply to MB- OFDM systems and that MB- OFDM systems pose no greater threat of harmful interference than pulsed UWB devices. 1 The FCC’s Office of Engineering and Technology (OET) is reviewing the waiver request. OET has concluded that in order to develop a complete record on the complex issues presented by this request, this proceeding will be treated, for ex parte purposes, as a "permit- but- disclose" proceeding, in accordance with Section 1.1200( a) of the Commission's rules, and is subject to the requirements under Section 1.1206( b) of the rules. Pursuant to Sections 1.415 and 1.419 of the Commission's rules, 47 C. F. R. §§ 1.415, 1.419, interested parties may file comments on or before September 29, 2004, and reply comments on or before October 14, 2004. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24121 (1998). Comments filed through the ECFS can be sent as an electronic file via the Internet to http:// www. fcc. gov/ e- file/ ecfs. html. Generally, only one copy of an electronic submission must be filed. In completing the transmittal screen, commenters should include their full name, U. S. Postal Service mailing address, and the applicable docket [ET Docket No. 04- 352] . Parties may also submit an electronic comment by Internet e- mail. To get filing instructions for e- mail comments, commenters should send an e- mail to ecfs@ fcc. gov, and should include the following words in the body of the message, "get form