NOTICE ************************************************************************* NOTICE ************************************************************************* This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file pnmc5021. File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ************************************************************************* FCC 96-269 June 18, 1996 31030/EQU/4-2- 7 1300C2 Mr. Richard E. Wiley Wiley, Rein & Fielding 1776 K Street, N.W. Washington, DC 20006 Dear Mr. Wiley: This is in reply to your letter of April 29, 1996, requesting an extension of the waiver of Section 15.247(b) previously issued to Cylink Corporation (Cylink) until 30 days after the Federal Register publication of rules adopted in ET Docket No. 96-8. Under the regulations in effect prior to August 24, 1990, spread spectrum transmitters operating under the provisions of Section 15.247 of our rules were limited to a peak output of one watt. 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 rules, 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 December 16, 1994, Cylink 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 rules 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 due by July 19, 1996. Mr. Richard E. Wiley 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 Cylink should be extended. Accordingly, under the authority contained in Sections 0.31(i) and 0.241(a) of the regulations, the waiver issued to Cylink, as described in the letter dated December 16, 1994, 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