Recently, there have been some misleading advertisements promising turn-key 3.65 GHz licensing services as a means of avoiding interference in congested license-exempt ISM/UNII bands. Although the FCC issued adopted rules back in March 2005 to open access to new spectrum for wireless broadband in the 3.65 GHz band, a "minor" contention-based requirement has delayed the deployment of wireless broadband services in this band as equipment manufacturers currently work behind the scenes to iron out the details. As things currently stand, deploying a 3.65 GHz system today falls under Subpart 5: Experimental Radio Service of the FCC Rules. Infrastructure Investment & Experimentation under Part 5 needs to be done strictly from a "curiosity" perspective rather than one of "commercial network expansion." Part 5 permits experimentation in scientific or technical operations directly related to the use of radio waves. The rules provide the opportunity to experiment with new techniques or new services prior to submitting proposals to the FCC to change its rules. Some useful excerpts regarding Experimental Licensing 47CFR5.3: Scope of Service Stations operating in the Experimental Radio Service will be permitted to conduct the following type of operations: (a) Experimentations in scientific or technical radio research (b) Experimentations under contractual agreement with the United States Government, or for export purposes. (c) Communications essential to a research project. (d) Technical demonstrations of equipment or techniques. (e) Field strength surveys by persons not eligible for authorization in any other service. (f) Demonstration of equipment to prospective purchasers by persons engaged in the business of selling radio equipment. (g) Testing of equipment in connection with production or regulatory approval of such equipment. (h) Development of radio technique, equipment or engineering data not related to an existing or proposed service, including field or factory testing or calibration of equipment. (i) Development of radio technique, equipment, operational data or engineering data related to an existing or proposed radio service. (j) Limited market studies. (k) Types of experiments that are not specifically covered under paragraphs (a) through (j) of this section will be considered upon demonstration of need 47CFR5.51: Eligibility of License (a) Authorizations for stations in the Experimental Radio Service will be issued only to persons qualified to conduct experimentation utilizing radio waves for scientific or technical operation data directly related to a use of radio not provided by existing rules; or for communications in connection with research projects when existing communications facilities are inadequate. 47CFR5.63: Supplementary Statements (a) Each applicant for an authorization in the Experimental Radio Service must enclose with the application a narrative statement describing in detail the program of research and experimentation proposed, the specific objectives sought to be accomplished; and how the program of experimentation has a reasonable promise of contribution to the development, extension, or expansion, or utilization of the radio art, or is along lines not already investigated. For further information regarding experimental licensing, the FCC has a nice online FAQ that gives a step-by-step how-to on experimental licensing: http://www.fcc.gov/oet/faqs/elbfaqs.html
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