The FCC has waived, until December 2, 2015, the implementation of the new U-NII requirements, Specifically 15.37(h).
This allows 5.8 GHz deices to continue using the DTS rules in 15.247 for approval and certification.
(h) Effective June 2, 2015* devices using digital modulation techniques in the 5725-5850 MHz bands will no longer be certified under the provisions of §15.247. The technical requirements for obtaining certification after this date for digitally modulated devices and the digitally modulated portion of hybrid devices are found in subpart E of this part. The provisions for the frequency hopping spread spectrum portion of hybrid devices will remain in §15.247. Effective June 2, 2016 systems using digital modulation techniques in the 5725-5850 MHz band certified under the provisions of §15.247 may no longer be imported or marketed within the United States.
By this order *June 2, 2015 in the above rule part is in essence replaced with December 2, 2015
Title 47, Part 15.37