FEDERAL COMMUNICATIONS COMMISSION PCC 96-268 WASHINGTON. D.C Z0554 IN KEPI.V KEFEft TO 31030/EQU/4-2-7 1300C2 Released: June 18, 1996 Mr. Ed Gerhardt Atlantic Communication Sciences, Inc. 4300-B Fortune Place West Melbourne, FL 32904 Dear Mr. Gerhardt: This is in reply to your letter of January 31, 1996, requesting an extension of the waiver of Section 15.247(b) previously issued to Atlantic Communications Sciences, Inc. (ACS) for one year or until action is taken on the Petition for Rule Making filed by Western Multiplex. Under the regulations in effect prior to August 24, 1990, spread spectrum transmitters operating under the provisions of Section 15.247 of our rales were limited to a peak output of one wan. At the same time, there was no limit on the amount of directional antenna gain that could be employed with these transmitters. Under the current rales, spread spectrum systems are limited to a maximum directional antenna gain of 6 dBi, unless the output power of the transmitter is reduced below its maximum one watt peak limit by the amount the directional antenna gain exceeds 6 dBi. As indicated in Section 15.37, the manufacture and importation of transmitters operating under the former regulations was required to cease prior to June 23, 1994. By a letter dated February 15, 1995, ACS was granted a waiver of the limit on directional gain to be employed on antennas used with fixed, point-to-point spread spectrum systems operating in the 2400-2483.5 MHz and 5725-5850 MHz frequency bands. This waiver was issued under the delegated authority provided by the Commission in GEN Docket No. 87-389 permitting extension of the manufacturing and importation cut-off dates specified in Section 15.37 of the rales for up to two years. The waiver will expire on June 23, 1996. In response to the Petition for Rule Making filed by Western Multiplex, the Commission, on January 30, 1996, adopted a Notice of Proposed Rule Making in ET Docket No. 96-8 addressing, among other issues, the use of high gain directional antennas. While the Commission proposed to permit the use of higher directional antenna gain for spread spectrum systems operating in the 5725-5850 MHz band, it requested comments on permitting such antennas in the 2400-2483.5 MHz band. Comments on this proposal are due by June 19, 1996; reply comments are dus by July 19, 1996. 11696 Mr. Ed Gerhardt Page Two Because the Commission has not yet made a final determination on the petition for rule making with regard to permitting the use of higher gain antennas in the 2400-2483.5 MHz and 5725-5850 MHz bands, we agree that the waiver previously granted to ACS should be extended. Accordingly, under the authority contained in Sections 0.3l(i) and 0.241(a) of the regulations, the waiver issued 10 ACS, as described in the letter dated February 15, 1995, is extended until June 23, 1998, or until the effective date of a Report and Order in ET Docket No. 96-8 addressing this matter, whichever is the earlier date. The conditions on operations described in the earlier waiver continue to apply to operations under this waiver extension. If you have any further questions, please contact John Reed at (202) 418-2455. This letter was adopted by the Commission on June 10, 1996. BY DIRECTION OF THE COMMISSION William F. Caton Acting Secretary 11697