Cox Communications, Inc. Request for Waiver Letter
Federal Communications Commission
Washington, D.C. 20554
August 20, 2014
ET Docket No. 13-49
Ms. Jenny Prime
Director, Regulatory Affairs
Public Policy Office
Cox Communications, Inc.
975 F Street NW, Suite 300
Washington, D.C. 20004
Dear Ms. Prime:
The Office of Engineering and Technology (OET) is granting the request of Cox
Communications, Inc.(Cox) for a waiver of Section 15.407(a)(1)(i)1 of the Commission’s
rules to allow its existing systems that were previously certified for operation in the 5725-
5850 MHz (U-NII-3) band to obtain FCC certification for operation in the 5150-5250 MHz
In your letter filed July 2, 2014, you state that granting this waiver request will allow Cox to
operate its existing U-NII-3 band Wi-Fi systems in the U-NII-1 band.2
You submit this
waiver to allow Cox to operate its U-NII-3 band Wi-Fi systems in the U-NII-1 band with up
to 250 mW of conducted power and a PSD of 11 dBm/MHz with a 6 dBi gain antenna. In
addition, your request this waiver for 2,346 devices, deployed prior to June 2, 2014, that are
not covered by a permissive change. In addition, you provide the general location of Cox's
devices by state, as well as the total number of devices per state and request confidential
treatment for this information under separate cover.3
You also confirm that all of the devices
identified in this request can be reprogrammed to operate in the U-NII-1 band at the 250 mW
operational parameters and that the operating power of each of these devices can be adjusted
from a central network management system. 4
In the First Report and Order (First R&O) in U-NII 5 GHz proceeding, the Commission
adopted rule Section 15.407(a)(1)(a) which allows fixed outdoor access points in the U-NII-1
band at a maximum conducted output power level not to exceed 1 W and a PSD not to
exceed 17 dBm/MHz with an allowance for a 6 dBi antenna gain; the rule limits the
1 See 47 C.F.R § 15.407 (a)(1)(i).
2 See Cox Communications, Inc. Request for Waiver of Certain Technical Requirements in UNII-1 Band
(Request) dated July 2, 2014, from Jenny Prime, Cox Communications, Inc.
3 See Cox Communications, Inc. Request for Waiver of Certain Technical Requirements in UNII-1 Band –
Request for Confidential Treatment, dated July 2, 2014, from Jenny Prime, Cox Communications, Inc.
4 See Request at 2.
August 20, 2014
Page 2 of 3
maximum EIRP to 125 mW (21 dBm) at any elevation angle above 30 degrees measured
from the horizon.5
In other words, each outdoor access point must limit the energy directed
upward so that, in the aggregate, they would avoid causing interference to satellites operating
in the U-NII-1 band.6
The Commission recognized that some U-NII-3 fixed access points
already deployed could potentially be reprogrammed to meet the new U-NII-1 power limits
and thus quickly begin more flexible operation in the U-NII-1 band using this exiting
The Commission stated that, if outdoor U-NII-3 band systems installed prior to
the effective date of the new rules were not able to comply with the 125 mW EIRP
requirements of Section 15.407(a)(1)(i) to limit energy directed upward, manufacturers or
equipment operators could file for a waiver of this provision for operation in the U-NII-1
band,8 no later than 30 days after of the effective date of the new rules. The Commission
stated that if the waiver is designed to enable existing deployments to operate with up to 250
mW of conducted power and a PSD of 11 dBm/MHz with a 6 dBi gain antenna, the
Commission could make a quick and likely favorable good cause determination sufficient to
grant the waiver request.
The Commission asked for the following information about the petitioner’s existing
deployments to assess the waiver requests: the number of devices installed, general location
of each deployment, ability to reprogram the devices, and ability to adjust operating power
from a central network management system. The Commission concluded that waiver
requests meeting these parameters and made within a short period of time are likely to serve
the public interest because granting them is highly unlikely to create any risk of harmful
interference, given the small numbers involved and the limited departure from the new
technical requirements for the U-NII-1 band.9
In addition, the comparatively small number
of installed devices strongly suggests a negligible risk of harmful interference from allowing
this exception and the expedient approval of such waivers would benefit the public by
promptly and efficiently expanding broadband use in this band.10
The Commission delegated
authority to the Office of Engineering and Technology to consider and act on all such waiver
petitions received within 30 days of the effective date of the new rules, i.e., June 2, 2014.11
We find that the information you provide regarding the existing deployed systems satisfies
the requirements the Commission outlined in the First R&O for OET to act on your waiver
5 See, Revision of Part 15 of the Commission’s Rules to Permit Unlicensed National Information
Infrastructure (U-NII) Devices in the 5 GHz Band, First Report and Order, ET Docket No. 13-49 , 29 FCC
Rcd. 4127 (2014) (First R&O) at 4138.
6 Id. at 4138.
7 Id. at 4139.
8 Id. at 4139 – 4140. See also 47 C.F.R. § 1.3. See also WAIT Radio v. FCC, 418 F.2d 1153 (1969).
9 See First Report and Order at 4139.
10 Id. at 4140.
August 20, 2014
Page 3 of 3
request, and we conclude that a waiver of Section 15.407 (a)(1)(i) is in the public interest.
That is, these currently deployed systems should not pose a threat of harmful interference to
the incumbent services in the U-NII-1 band because, as you represent, these systems can be
reprogrammed for operation in the U-NII-1 band at the 250 mW operational parameters and
the operating power can be adjusted from a central network management system. This
waiver applies only to the 2,346 outdoor access points systems at the locations that you
identify as being installed in the field as of June 2, 2014, and does not apply to any future
deployments. If you have the need to change the location, but not the total number, of your
deployments, please provide OET with the modified deployment information. You must
demonstrate compliance with the technical requirements through the equipment certification
process by filing a permissive change request along with a copy of the approved waiver.
Accordingly, pursuant to the delegated authority in Sections 0.31 and 0.241 of the
Commission’s rules and Section 1.3 of the Commission’s rules, 47 C.F.R. §§ 0.31, 0.241,
1.3, we waive the requirements of Section 15.407(a)(1)(i) of our rules to allow Cox
Communications, Inc. to obtain FCC certification, consistent with the terms of this waiver,
for the U-NII-3 band outdoor access points you have identified to operate in the U-NII-1
band with up to 250 mW of conducted power and a PSD of 11 dBm/MHz with a 6 dBi
Julius P. Knapp
Office of Engineering and Technology
Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.