• Mark Luksich commented on 2011-05-05 16:07:27.136:
  Section 4 Software Changes a) ii is incorrectly worded ii. There is no increase in the output power rating on new frequencies. probably should be ii. There is no increase in the output power rating on existing frequencies. How could there be an increase if you are just adding something to the grant. (An Increase in output power would be a new FCC ID not a C2PC).

---

• Mark Luksich commented on 2011-05-05 15:58:01.18:
  2.944 expressly deals with devices that have been approved as softeare defined radios Devices that have not been approved as SDR are not subject to SDR rules Loading on a new version of approved software that has been FCC approved for use on a specific device does not and should not require the grantee to load the softwareon existing devices in the field. This would be akin to having to send your computer to Microsoft everytime you want to load a new driver. The Grantee is wholly responsible of certifing and gaining FCC approval on any and all versions of code that meet or require permissive changes to be filed; also the continueing compliance of the devices that operates using said code. Once a new version of code that operates on a specific device is tested and approved by the FCC; requireing only the Grantee be the only entity to load the new version of code has to be considdered overly burdensom. I see no additional value of the grantee loading the code over John Q. Public -- the code is still on the device and the Grantee is and always will be responsible for the compliant operation of the device.

---

Note: It is important to understand that the staff guidance provided in the KDB is intended to assist the public in following Commission requirements and does not constitute rules. Accordingly, the guidance is not binding on the Commission and will not prevent the Commission from making a different decision in any matter that comes to its attention for resolution.