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FCC

RIN: 3060-AI54

Publication ID: Fall 2008

Title: Unlicensed Devices and Equipment Approval (ET Docket No. 03-201)
Abstract: The notice of proposed rulemaking proposed to update section 15.247 of the rules to allow the use of more efficient antenna technologies with unlicensed devices. The Report and Order updates several technical rules for unlicensed radiofrequency devices in part 15 of the Commissions rules. The rule changes will allow device manufacturers to develop expanded applications for unlicensed devices and will allow unlicensed device operators, including Wireless Internet Service providers greater flexibility to modify or substitute parts as long as the overall system operation is unchanged. The changes are part of an ongoing process of updating our rules to promote more efficient sharing of spectrum used by unlicensed devices and remove unnecessary regulations that inhibit such sharing. The Commission received one petition for reconsideration in this proceeding. The Second Report and Order amended the Commissions rules to provide for more efficient equipment authorization of both existing modular transmitter devices and emerging partitioned (or split) modular transmitter devices. These rule changes will benefit manufacturers by allowing greater flexibility in certifying equipment and providing relief from the need to obtain a new equipment authorization each time the same transmitter is installed in a different final product. The rule changes will also enable manufacturers to develop more flexible and more advanced unlicensed transmitter technologies. The Commission further found that modular transmitter devices authorized in accordance with the revised equipment authorization procedures will not pose any increased risk of interference to other radio operations. The Further NPRM, seeks comment on whether there is a need to require unlicensed transmitters operating in the 915 MHz band under sections 15.247 and 15.249 of the rules to comply with a spectrum etiquette requirement, and the impact that requiring an etiquette would have on the development and operation of unlicensed 915 MHz devices operating under those rule sections. The Commission also seeks comment on the particular etiquette suggested by Cellnet that would require digitally modulated spread spectrum transmitters operating in the 915 MHz band under section 15.247 of the rules to operate at less than the 1-watt maximum power if they are continuously silent less than 90 percent of the time within a 0.4 second interval. This etiquette would require that the maximum permitted power level decrease in accordance with a specified formula as the silent interval between transmission decreases. The Commission further seeks comment on alternatives to the etiquette suggested by Cellnet. The Memorandum Opinion and Order dismissed two petitions for reconsideration of the rules adopted in the Report and Order, 69 FR 54027, September 7, 2004, in this proceeding. It dismissed a petition for reconsideration filed by Warren C. Havens and Telesaurus Holdings GB LLC (Havens) requesting that the Commission suspend the rule changes adopted for unlicensed devices in the 902-928 MHz (915 MHz) band until such time as it completes a formal inquiry with regard to the potential effect of such changes to Location and Monitoring Service (LMS) licensees in the band. The Commission also dismissed a petition for reconsideration filed by Cellnet Technology (Cellnet) requesting that the Commission adopt spectrum sharing requirements in the unlicensed bands, e.g., a spectrum etiquette, particularly in the 915 MHz band.
Agency: Federal Communications Commission(FCC)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Long-Term Actions
Major: Undetermined	Unfunded Mandates: No
CFR Citation: 47 CFR 2 47 CFR 15
Legal Authority: 47 USC 154 47 USC 302(a) 47 USC 303 47 USC 306

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	09/17/2003	68 FR 68823
R&O	09/07/2004	69 FR 54027
Petition for Recon	11/19/2004	69 FR 67736
Petition for Recon	02/15/2005	70 FR 7737
Second R&O	05/23/2007	72 FR 28889
FNPRM	08/01/2007	72 FR 42011
MO&O	08/01/2007	72 FR 41937
Next Action Undetermined	To Be Determined

Regulatory Flexibility Analysis Required: Yes	Government Levels Affected: Federal, State
Small Entities Affected: Businesses, Governmental Jurisdictions
Included in the Regulatory Plan: No
RIN Data Printed in the FR: Yes
Agency Contact: Hugh Van Tuyl Electronics Engineer Federal Communications Commission 45 L Street NE, Washington, DC 20554 Phone:202 418-7506 Fax:202 418-1944 Email: hugh.vantuyl@fcc.gov