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Wi-Fi clients that transmit on Channels 12 and 13 must meet all of the emission requirements specified in 47CFR§15.247 for that band. If the client does not meet these requirements, these channels must be disabled.
Wi-Fi client devices typically contain active or passive roaming circuitry algorithms that are proprietary and not part of 802.11 Wi-Fi protocols. This on-roam scanning may use active or passive scanning to determine if a master transmits on Channels 12 and 13. In these cases, the Wi-Fi client device must still be able to determine that the master is transmitting in a manner compliant with the FCC rules and regulations.
Many Wi-Fi clients rely on the access point to ensure proper operation. Thus, some changes will be required for these devices to operate in compliance in all circumstances. In recognition of the need for changes, and the time required to implement the changes, the FCC is permitting a transition period until March 31, 2014 to ensure that all new device approvals are consistent with the requirements, and where appropriate, changes are made to currently approved products. During this transition period, devices that rely on scanning circuitries may be approved, but the FCC is encouraging manufacturers to implement revisions as quickly as possible.
To obtain approval for transmitting on Channels 12 and 13, your test report would need to clearly show that Channels 12 and 13 were tested and compliant. Your application filing should also specify the appropriate frequency band and the reduced output power required for radiated field strength compliance at the band edge of 2483.5 MHz.