Use of 5.3GHz in the United States

I understand there are some laws floating around and some recent changes to them that effects those of us wanting to deploy using the 5.3 frequency. I am going to be deploying an AP using the XR5 card so I have the following frequencies available:

5180
5200
5220
5240
5260
5280
5300
5320

5745
5765
5785
5805
5825

The following frequencies are used on the tower currently:

5745
5755
5796
5805
5836

With the clutter of 5.8 it would be nice to use a much lower frequency, but I would like to see what the laws state and if any other restrictions apply.

Thanks in advance!  I understand few to none of us here are lawyers =)

My understanding is that the 5.3 band now has the same rules as the 5.4 band. These include 30dbm total eirp, dfs2 (which MT does not have).

As a buyer of many brands of wireless gear, I believe manufacturers are supposed to stop selling stuff that does 5.3 the old way (without dfs2), and they are supposed to get it re-approved before selling it again. For instance, trango stopped selling their fox5300 and their 5830 AP no longer does 5.3ghz now because of the rule; They are in a pickle because they don’t have a suitable replacement product! Alvarion has stopped selling the old 5.3 VL gear and now has new 5.4 approved gear in it’s place.

If you have older gear (A radio card whose design predates the new rules), it’s use is supposed to be grandfathered.

What if I purchased a Ubiquiti XR5 in the last month?

Is it the design or the purchase date of the radio card?

Here’s a conversation from someone at the FCC on the topic.

http://lists.wispa.org/pipermail/fcc/2007-July/000400.html

As far as the XR5, you’d have to check with ubqt probably.