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.
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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
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